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Supervised community treatment and section 17 of the Mental Health Act 1983

  • Arthur Owino (a1)
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References

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Supervised community treatment and section 17 of the Mental Health Act 1983

  • Arthur Owino (a1)

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Supervised community treatment and section 17 of the Mental Health Act 1983

  • Arthur Owino (a1)
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eLetters

An argument for the new Mental Health Act

sanjay k khurmi, Spr
30 August 2007

We have recently used the case law outlined by Owino, A., (Psychiatric Bulletin, July 2007, 31 241-43) to renew detention of a patient envisaged to become community based whilst remaining subject to section 3 of the Mental Health Act. In our view the legal framework will enable supervised community treatment but we believe there remains a need for new legislation to reflect the changes in psychiatry from a hospital to a community based model. Current case law outlines that for renewal to occur, the patient must have a significant proportion of treatment in hospital (in the case of CS it was monthly ward rounds and once weekly psychologist review). The Supervised Community Treatment order (SCT) has no such proviso (Zigmond 2007). Our patient does not necessarily require hospital based treatment as many of her needs can be equally met by community based services. However, she requires the legal framework to continue her treatment in the community. Currently to enable supervised community treatment, she is required to have regular hospital attendance which is not necessarily needs-led but driven by the need to satisfy the legal requirements for renewal. We would argue the SCT would allow a more needs-led legal framework by enabling service input to vary according to the patient’s requirements. It could be less restrictive than the s17 approach, promote independence rather than dependence on hospital based services and as the focus of care would be shifted to the community it could stimulate community service development.References

Zigmond, T. (July 2007) Mental Health Bill, Newsletter number 14 http://www.rspych.ac.uk/pdf/MHBillnewsletter14.pdf

R (on the application of CS) v. Mental Health Review Tribunal and Another [2004] EWHC 2958 (Admin)
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