Does section 63 of the Mental Health Act 1983 disempower patients with mental illness? Analysis of the case law

The Medico-legal Journal
Bhanuka Senasinghe

Abstract

In England and Wales, detained psychiatric inpatients are treated under section 63 of the Mental Health Act 1983. This paper critically analyses the relevant law and considers the arbitrary distinctions between consent for treatments for mental illnesses and physical conditions, which may disempower patients with mental illness. Section 63 states that (for detained psychiatric patients) consent for medical treatment for patients' mental disorder is not required. The treating clinician responsible for a patient decides what this medical treatment entails. This article focuses on three main legal cases: B v Croydon Health Authority, Tameside and Glossop v CH and Nottinghamshire Healthcare NHS Trust v RC and considers whether s 63 disempowers patients with mental illnesses.

References

Oct 1, 1971·Scientific American·V R Young, N S Scrimshaw
Jul 1, 1994·The American Journal of Psychiatry·M D Sullivan, S J Youngner
Feb 1, 1996·American Journal of Clinical Pathology·R A Zellers, R R Balaj
Aug 4, 2004·Journal of Medical Ethics·H Aveyard
Oct 2, 2007·The British Journal of Psychiatry : the Journal of Mental Science·David OkaiMatthew Hotopf
Jun 6, 2013·World Psychiatry : Official Journal of the World Psychiatric Association (WPA)·Pim CuijpersCharles F Reynolds

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Citations

Dec 31, 2020·British Journal of Hospital Medicine·Fangyue ChenJulius Essem

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