What is the Mental Health Act 1983?

2019
Mental Health Act 1983
Student’s Details

Mental Health Act 1983
Contents
Mental Health Act 1983...................................................................................................................1
Goals and importance of Act.......................................................................................................2
Why do u think act passed by the parliament..............................................................................2
Controversial aspects of the act...................................................................................................3
Recent legislation for mental health............................................................................................3
Learning from cash law (Bournewood).......................................................................................3
Importance of the act in professional practice.............................................................................4
Bibliography....................................................................................................................................5

Mental Health Act 1983
Mental Health Act 1983
The Mental health act (MHA) 1983, is an act passed by the United Kingdom's parliament which
applies to citizens of England and Walls. In the year 2007, the act has been updated. This act
covers the rights of people who are experiencing mental disorders or mental health issues. This
act is a piece of legislation that covers mental health assessment of a people, treatment of mental
disorders and rights of the person (NHS, 2019). This act has a provision that if medical staffs or
mental health professionals think that due to patient’s mental health conditions patients or others
are on the risk, in such condition patient can be detained in the hospital or other medical care
units against patients’ and patients’ family wishes (RMI, 2019).
This act is classified into different sections that include rights of patient when he/she is detained
in hospital without his/her wishes, patient’s family’s or nearest relative’s rights when patients are
in the hospital, patient’s rights for the consent of treatment when patient is in the hospital or
detained, Rights of patients on the leaving of hospital and rights of care after hospital leaving,
and rights of patients when he/she is being treated in the community (legislation.gov.uk, 2019).
Goals and importance of Act
The major goal of MHA 1983 is providing wellbeing or intense care to an individual who is
suffering from mental health disorder without knowing and recognizing this order. Most of the
patients of mental health issues and disorders have a lack of awareness about the seriousness and
presence of mental disorders. The act enables mental health providers or medical health
professionals to the assessment of mental health disorders in the people and keeps them in the
hospital for the complete wellbeing of the person or patients. This act is crucial for the mental
health wellbeing of the people and to protect the potential risk for the patients, family, and
community.

Mental Health Act 1983
Another goal of the act is providing care and facilities of the patients in the hospital as well as
home, providing respect and dignity to patients and his/her family as well (Freeman & Pathare,
2005).
This act also includes some clauses that protect to patients to unrequired procedures and
treatment methods like this act do not allow for Electro-Convulsive Therapy (ECT) if the
patients is consent about his/her mental condition and do not agree for treatment method, and
Supervised Community Treatment SCT patients can not be treated without their agreement
excepts in few conditions (TNA, 2012).
Why do you think act passed by the parliament
As per my understanding, the MHA 1983 had been passed by the parliament to define mental
disorders and disabilities which were blurred before the act came into force. This act also
provides appropriate medical facilities and treatments, and develops policies and producers for
the patients care and safety to patients and community and to proving proper approval and
arrangements of medical health providers and professionals.
Controversial aspects of the act
Compulsory detention and treatment of the person against his/her wishes a major controversial
aspect of the act which gives a sense of humility and torture. Christopher Clunis who was a
mental patient murdered a stranger on Dec 17, 1992. Later the murder case study revealed that
Christopher Clunis had experienced 43 psychiatrists of different health authorities and zero post-
discharge follow-ups by care units, which had developed a sense of humiliation in Christopher
Clunis which led this murder case (Butcher, 2007).
Recent legislation for mental health

Mental Health Act 1983
Health and Social Care Act 2012, Policing and Crime Act 2017, Regulations 2017, Suicide
Prevention action plan 2018 (Scottish government), and Perinatal mental illness policy 2018, are
some recent legislation and policy developments that protects to a mental person and family from
various undesired circumstances (Parkin, 2018).
Learning from cash law (Bournewood)
Bournewood hospital case revealed that unnecessarily detention of a person namely HL led
negative and adverse mental and physical health condition of him (Diesfeld, 2000). However,
proper health assessment of the concerned person must be very crucial. This case also revealed
that medical professionals sometimes misuse their therapeutic powers. Thus, the act provides the
greatest protection of people and treatment ethics while treating to people.
Importance of the act in professional practice
The MHA 1983 is important for professional practitioners as well. This act provides guidelines
to the professionals. This act gives an outline to professional practitioners about all treatment
methods, facilities, laws, and ethics. This act also defines mental health, which is also helpful in
professional practice to accurate assessment of mental illness (NCBI, 2012).

Mental Health Act 1983
Bibliography
Butcher, J., 2007. Controversial Mental Health Bill reaches the finishing line. The Lucent ,
370(9582), pp.117-18. Available at:
https://www.thelancet.com/journals/lancet/article/PIIS0140673607610678/fulltext [Accessed 21
December 2019].
Diesfeld, K., 2000. Neither consenting nor protesting: an ethical analysis of a man with autism.
Journal of medical Ethics , 26(4), pp.227-81.
Freeman, M. & Pathare, S., 2005. WHO Resource Book on Mental Health, Human Rights and
Legislation. Geneva: WHO library.
legislation.gov.uk, 2019. Mental Health Act 1983. [Online] Available at:
http://www.legislation.gov.uk/ukpga/1983/20/contents [Accessed 23 December 2019].
NCBI, 2012. Service User Experience in Adult Mental Health: Improving the Experience of
Care for People Using Adult NHS Mental Health Services. Clinical Guidelines. Leicester: British
Psychological Society National Collaborating Centre for Mental Health.
NHS, 2019. Mental Health Act. [Online] Available at: https://www.nhs.uk/using-the-nhs/nhs-
services/mental-health-services/mental-health-act/ [Accessed 21 December 2019].
Parkin, E., 2018. Mental health policy in. Breafing Papers. London: House of common's Library
The House of Commons.
RMI, 2019. The Mental Health Act 1983. [Online] Available at: https://www.rethink.org/advice-
and-information/rights-restrictions/mental-health-laws/mental-health-act-1983/ [Accessed 23
December 2019].
TNA, 2012. Mental Health Act 1983. [Online] Available at:
https://webarchive.nationalarchives.gov.uk/+/http://www.dh.gov.uk/en/

Mental Health Act 1983
Publicationsandstatistics/Legislation/Actsandbills/DH_4002034 [Accessed 23 December 2019].