Mental health law: civil liberties and the principle of reciprocity

Community Treatment Orders and Other Forms of Mandatory Outpatient Treatment

This position paper has been substantially revised by the Canadian Psychiatric Association's Professional Standards and Practice Committee and approved for republication by the CPA's Board of Directors on July 26, 2018. The original position paper¹ was first approved by the Board of Directors on January 25, 2003. It was subsequently reviewed and approved for republication with minor revisions on June 2, 2009.

"Professionalism, Physicianhood, and Psychiatric Practice": Conceptualizing and Implementing a Senior Psychiatry Resident Seminar in Reflective and Inspired Doctoring

BACKGROUND

Professionalism, although broadly acknowledged to be an important goal of medical education, needs to be taught well.

OBJECTIVE

We describe the content selection and structure of an elective professionalism seminar for advanced trainees in psychiatry at the Massachusetts General Hospital.

METHOD

We critically evaluate the curriculum content based on participant feedback.

RESULTS

We successfully implemented and sustained for 8 years a monthly, 10-session professionalism seminar for advanced trainees in psychiatry. The average number of participants was 4-8 residents or fellows out of a possible 12-16. The curriculum covers 3 broad domains: physicianhood, bioethics, and medical/psychiatric practice. Participants felt that they were more reflective of their practice and that were given a vocabulary to do so. Physician burnout emerged as a key professional concern.

CONCLUSION

Professionalism can be taught in a seminar but requires reaching to other disciplines (history of medicine, philosophy, and sociology) to make it meaningful and utile. Consultation-liaison psychiatrists through their interdisciplinary and team-based work are ideally situated to teach professionalism that emphasizes commonalities of psychiatry with the other medical specialties and fosters leadership.

‘Juridogenic’ harm: statutory principles for the new mental health tribunals

The new Mental Health Act for England and Wales is likely to extend the powers of mental health review tribunals (MHRTs) by giving tribunals the power to approve all compulsory treatment (Department of Health, 1999a, b). The medical member may be dropped entirely from the tribunal's proceedings (Richardson & Machin, 2000). In Ireland, a proposed new Mental Health Act will introduce MHRTs for the first time (Calvert, 2000). The 1983 Mental Health Act contains no explicit statement of underlying principles, although some were introduced in the revised Code of Practice. The Expert Committee (Department of Health, 1999b) suggested that the new Act should specify broad principles where these would help in statutory interpretation, particularly because a range of practitioners working in different settings will be required to understand and implement its provisions. The Green Paper initially suggested that the proper place for setting out principles should be a Code of Practice, but ended by inviting comments on the principles proposed by the Expert Committee, and on whether inclusion of principles would aid interpretation of the new Act.

Non-consultant psychiatrists' knowledge of emergency detention procedures in Scotland

There is growing concern with psychiatrists' knowledge of mental health law, in particular with the introduction of new legislation and more complex statutory arrangements for after care. Despite this, little systematic research has been undertaken in the UK. This study was designed to determine the knowledge of a sample of doctors in psychiatry in Scotland, of part of the Mental Health (Scotland) Act 1984 which provides for urgent involuntary admission to hospital. A one in three sample of all non-consultant grade psychiatrists throughout Scotland was interviewed on the aspects of the Act considered essential to lawful detention. Knowledge of even this restricted part of the Act was poor regardless of experience. Evidence emerged which suggested that at times civil liberties might be compromised or the right to treatment denied. The findings clearly point to the need for increased emphasis on training in mental health law.

The Mental Health Act 1983

Aims and method

A one-in-five random sample (n=104) of practitioners approved under Section 12(2) of the Mental Health Act 1983 in the West Midlands was selected. Opinions were sought on issues relating to current law and potential reform.

Results

Eighty-three (80%) doctors were interviewed. Over half (52%) stated that the term ‘mental illness' in the Act was unsatisfactory. Two-thirds (68%) specified the need for a review of legislation relating to treatment in the community.

Clinical implications

There was a diversity of views. This is likely to be reflected in the clinical practice of those interviewed. Many respondents believed that there was a need for reform in specific areas of the Act.

Proposed new legislation for the care of mentally ill people in the community

The Department of Health has published proposals for new legislation, which it hopes will provide a legal basis for effective community care of mentally ill people. Consultant psychiatrists and approved social workers were surveyed to determine attitudes towards the proposals. Despite the impression that new powers are provided, respondents saw little in the way of new powers, and could not see how the proposals would improve community care. Not all of the proposals were fully understood, and wider consultation with those who would be using any new legislation is recommended.

Training in the Mental Health Act: see one, do one, teach one?

In contrast to other professional groups, psychiatrists currently receive little formal training in the use of the Mental Health Act (MHA). This article describes a locally organised training day for senior registrars and reports on their previous experiences and future training needs in the use of the MHA.

Coercion in mental health: a trial of the effectiveness of community treatment orders and an investigation of informal coercion in community mental health care

Background

Coercion comprisesformal coercionorcompulsion[treatment under a section of the Mental Health Act (MHA)] andinformal coercion(a range of treatment pressures, includingleverage). Community compulsion was introduced in England and Wales as community treatment orders (CTOs) in 2008, despite equivocal evidence of effectiveness. Little is known about the nature and operation of informal coercion.

Design

The programme comprised three studies, with associated substudies: Oxford Community Treatment Order Evaluation Trial (OCTET) – a study of CTOs comprising a randomised controlled trial comparing treatment on CTO to voluntary treatment via Section 17 Leave (leave of absence during treatment under section of the MHA), with 12-month follow-up, an economic evaluation, a qualitative study, an ethical analysis, the development of a new measure of capabilities and a detailed legal analysis of the trial design; OCTET Follow-up Study – a follow-up at 36 months; and Use of Leverage Tools to Improve Adherence in community Mental Health care (ULTIMA) – a study of informal coercion comprising a quantitative cross-sectional study of leverage, a qualitative study of patient and professional perceptions, and an ethical analysis.

Participants

Participants in the OCTET Study were 336 patients with psychosis diagnoses, currently admitted involuntarily and considered for ongoing community treatment under supervision. Participants in the ULTIMA Study were 417 patients from Assertive Outreach Teams, Community Mental Health Teams and substance misuse services.

Outcomes

The OCTET Trial primary outcome was psychiatric readmission. Other outcomes included measures of hospitalisation, a range of clinical and social measures, and a newly developed measure of capabilities – the Oxford Capabilities Questionnaire – Mental Health. For the follow-up study, the primary outcome was the level of disengagement during the 36 months.

Results

Community treatment order use did not reduce the rate of readmission [(59 (36%) of 166 patients in the CTO group vs. 60 (36%) of 167 patients in the non-CTO group; adjusted relative risk 1.0 (95% CI 0.75 to 1.33)] or any other outcome. There were no differences for any subgroups. There was no evidence that it might be cost-effective. Qualitative work suggested that CTOs’ (perceived) focus on medication adherence may influence how they are experienced. No general ethical justification was found for the use of a CTO regime. At 36-month follow-up, only 19 patients (6% of 329 patients) were no longer in regular contact with services. Longer duration of compulsion was associated with longer time to disengagement (p = 0.023) and fewer periods of discontinuity (p < 0.001). There was no difference in readmission outcomes over 36 months. Patients with longer CTO duration spent fewer nights in hospital. One-third (35%) of the ULTIMA sample reported lifetime experiences of leverage, lower than in the USA (51%), but patterns of leverage experience were similar. Reporting leverage made little difference to patients’ perceived coercion. Patients’ experiences of pressure were wide-ranging and pervasive, and perceived to come from family, friends and themselves, as well as professionals. Professionals were committed to patient-centred approaches, but felt obliged to assert authority when patients relapsed. We propose a five-step framework for determining the ethical status of offers by mental health professionals and give detailed guidance for professionals about how to exercise leverage.

Conclusions

Community Treatment Orders do not deliver clinical or social functioning benefits for patients. In the absence of further trials, moves should be made to restrict or stop their use. Informal coercion is widespread and takes different forms.

Trial registration

Current Controlled Trials ISRCTN73110773.

Funding

The National Institute for Health Research Programme Grants for Applied Research programme.

Psychiatric morbidity in male remanded and sentenced committals to Irish prisons

OBJECTIVES

To describe the prevalence of psychiatric morbidity and the treatment needs of new committals to Irish prisons.

METHODS

A population survey of 615 prisoners representing 7.9% of male committals to Irish prisons in the year of survey, 313 remands (9.6% of total remand committals) and 302 sentenced committals (6.4% of total sentenced committals). The main outcome measures were ICD-10 diagnoses of mental disorder based on interviews using SADS-L and prison medical records.

RESULTS

Current prevalence rates of any psychotic illness were 3.8% (remand) and 0.3% (sentenced), six month prevalence rate 5.1% (remand) and 2.6% (sentenced) and lifetime rate 9.3% (remand) and 6.6% (sentenced). Schizophrenia and drug/organic psychoses were the most common psychoses. Major depressive disorder had a current prevalence of 4.5% (remand) and 4.6% (sentenced), a six month prevalence of 4.8% (remand) and 6.0% (sentenced), and a lifetime prevalence of 8.6% (remand) and 15.9% (sentenced). Sixty-point-six per cent of the sample had a current substance misuse problem.

CONCLUSIONS

There is significant psychiatric morbidity in committal prisoners.

Community treatment orders: background and implications of the OCTET trial

Community treatment orders (CTOs) were introduced into the UK despite unconvincing international evidence for their effectiveness. The Oxford Community Treatment Order Evaluation Trial (OCTET) is a multisite randomised controlled trial of 333 patients with psychosis conducted in the UK. It confirms an absence of any obvious benefit in reducing relapse despite significant curtailment of liberty. Community mental health teams need to seriously consider whether they should continue using CTOs or shift their clinical focus to strengthening the working alliance.

'Admit voluntary, schedule if tries to leave': placing Mental Health Acts in the context of mental health law and human rights

OBJECTIVES

Most postgraduate training for clinicians in Australia and New Zealand regarding mental health legislation focuses on the relevant Mental Health Acts (MHAs) rather than the broader principles of mental health law. Key concepts include treatment in the least restrictive environment, voluntary access to mental health services, treatability, reciprocity and due process. Lack of awareness of these principles may result in a more risk-averse interpretation of MHAs, which is inconsistent with the spirit of mental health law and the promotion of human rights. The aim of this paper is to present some fundamental principles of mental health law, which are essential to proper clinical application of MHAs, and to demonstrate why they should form part of the curriculum for psychiatry training and continuing professional development for psychiatrists.

CONCLUSIONS

A sound understanding of the principles of mental health law is essential for all clinicians who may be enacting aspects of MHAs. This provides the necessary platform to safeguard human rights and optimise the care of people with a mental illness.

Australian mental health tribunals--'Space' for rights, protection, treatment and governance?

This paper draws on a multi-year Australian collaborative study of mental health review tribunals ('MHTs') in three jurisdictions (Victoria, New South Wales and the Australian Capital Territory) undertaken in conjunction with the NSW Law and Justice Foundation, using qualitative and quantitative methods to examine the role of MHTs in advancing goals such as fairness, legality and access to treatment. Study findings regarding stakeholder and client concerns - about access to quality treatment and associated support services, review of treatment adequacy and drug regimes, and their 'participation' or dignity of engagement in review processes - are presented as variants of the need for adequate hearing 'space': temporal, jurisdictional, cognate/relational, physical and symbolic, and 'connective'. Building on earlier arguments for MHTs to engage not only legal, but also clinical and social domains, and for adopting some processes more characteristic of case-conferencing, this paper examines the implications of tribunal 'flexibility' and a wider overall 'governance' jurisdiction in mental health.

Resistance and challenge: competing accounts in aftercare monitoring

This article explores a candidate example of competing accounts of aftercare under supervision of a discharged forensic patient and worker in one part of the UK. It is taken from a study involving 59 in-depth interviews with patients and their workers to investigate community return after detention in forensic psychiatric facilities. Fear of mental illness and associated dangerousness are embodied in discourses surrounding the forensic patient. In living with deviant labels and seeking to establish independence from the psychiatric system patients' talk demonstrates nascent identity work in an attempt to resist alternative dominant discourses. Workers however deploy occupational knowledge of risk and associated monitoring as the basis for claims of safe aftercare. Both patient and worker accounts are reflexively aware of competing versions and seek to portray the provision of aftercare monitoring in self-interested ways. Aftercare monitoring and supervision may ostensibly be about integration and rehabilitation but as this study shows risk is an ever-present concern forming an important backdrop to the attempts of patients to forge new identities and the normalising ideologies of those working with them.

Extra information about treatment is too much for the patient with psychosis

BACKGROUND

Case law across jurisdictions requires ever more complete disclosure of material facts when obtaining consent to treatment.

AIMS

To determine whether giving extra information impairs the mental capacity to make decisions about treatment.

METHOD

The MacCAT-T, MacCAT-FP, PANSS and GAF were administered to 88 detained forensic patients with psychosis. Two positive and two negative facts were given about each of two anti-psychotic drugs, and no treatment (twelve items). A choice was elicited. The criterion for incompetence was inability to express a choice. Two extra positive and two extra negative facts about each of the three options were given (twelve extra items) and a choice was again elicited, while repeating the MacCAT-T.

RESULTS

Giving extra information led to a decline in the total score on the MacCAT-T. Twenty one were initially unable to make a choice (24%). After additional information, 33 were incapable (37.5%, Chi-squared p<0.001). Those initially incapable had the lowest scores on all measures of functional capacity and GAF, with highest scores for symptoms. Those able to choose a treatment option had the highest levels of function and least symptoms. Those who became incapable had intermediate scores.

CONCLUSIONS

Giving extra information made an extra 15% unable to choose. Clinical judgement must be exercised concerning the amount of information disclosed. Deciding what is material to the individual is arbitrary when so few items of information can be processed. Greater use of guardianship and independent second opinions is recommended.

A comparison of mental health legislation from diverse Commonwealth jurisdictions

INTRODUCTION

In the regulation of involuntary treatment, a balance must be found between duties of care and protection and the right to self-determination. Despite its shared common roots, the mental health legislation of Commonwealth countries approaches this balance in different ways. When reform is planned, lessons can be learned from the experiences of other countries.

METHOD

Criteria for involuntary treatment used in a sample of 32 Commonwealth Mental Health Acts were compared using a framework developed from standards derived from the Universal Declaration of Human Rights. Reasons for non-compliance were considered and examples of good practice were noted. Changes in the criteria used over time and across areas with differing levels of economic development were analysed.

RESULTS

1. Widespread deviation from standards was demonstrated, suggesting that some current legislation may be inadequate for the protection of the human rights of people with mental disorders. 2. Current trends in Commonwealth mental health law reform include a move towards broad diagnostic criteria, use of capacity and treatability tests, treatment in the interests of health rather than safety, and regular reviews of treatment orders. Nevertheless, there are some striking exceptions.

DISCUSSION

Explanations for deviation from the standards include differing value perspectives underpinning approaches to balancing conflicting principles, failure to keep pace with changing attitudes to mental disorder, and variations in the resources available for providing treatment and undertaking law reform. Current good practice provides examples of ways of dealing with some of these difficulties.

Community treatment orders: the ethical balancing act in community mental health

Community treatment orders (CTOs) are legal mechanisms by which an individual with a mental illness and a history of non-compliance and potential for violence can be mandated (against their will) to undergo psychiatric treatment in an outpatient setting. Although CTOs are increasingly being adopted by governments as a means of protecting both mentally ill persons and society itself, their use continues to stimulate considerable debate. While there is some evidence of their potential benefits in promoting treatment compliance and reducing hospital stays, there is concern that they infringe on the mental health client's human rights and freedoms. Consideration of the ethical and practical implications of the use of CTOs must continue. In this paper, some of the most pressing issues are identified and discussed.

Leitos hospitalares e reforma psiquiátrica no Brasil

O objetivo do trabalho é estimar o número de leitos psiquiátricos ocupados por Unidade da Federação e o valor pago pelo Sistema Único de Saúde (SUS) nas internações por serviços hospitalares, serviços profissionais, exames e medicamentos no Brasil em 2004. O número médio de leitos psiquiátricos ocupados, estimado a partir do total de dias de permanência no ano, e o valor pago pelo SUS foram obtidos a partir das Autorizações de Internação Hospitalar (AIH). O número de leitos psiquiátricos ocupados pelo SUS era de 45 mil em 2004. O valor total pago pelo SUS para internações de pacientes com transtornos mentais atingiu R$ 487 milhões em 2004. Os hospitais privados eram responsáveis por 78,8% do total de leitos psiquiátricos ocupados pelo SUS. Ainda que a desativação de estimados 15 mil leitos asilares possa gerar anualmente R$ 162 milhões ao ano passíveis de serem realocados para serviços psiquiátricos extra-hospitalares, o planejamento e a execução da Reforma Psiquiátrica têm sido muito tímidos. A precária rede extra-hospitalar tem sido utilizada como impedimento à desativação dos leitos psiquiátricos, embora esta gere os recursos necessários para a ampliação daquela.

A conversation: challenging the relevance and wisdom of separate mental health legislation

This paper explores the dilemmas encountered by mental health nurses when working with mental health legislation. The concerns and considerations of an expert mental health nurse, complemented by the opinion of an expert in health-care and legal issues are presented. It is argued that there is currently a distorted perception with regard to the function and sentiment of mental health legislation, and this paper aims to restore balance in interpreting and working with such law. Viewing mental health legislation primarily as a mechanism for involuntary hospitalization effectively removes any power or recourse given to mental health consumers by the law. Principles of mental health care and legislation are examined as well as the relationship the law has with dangerousness to self or others and mental ill health. A dialogue is established between the two authors to assist the exploration of these legal and clinical issues. The continued relevance of specific mental health legislation is brought into question. It is proposed that the existence of such legislation constitutes discrimination and contributes to stigma associated with mental illness. An alternative legislation for all circumstances where an individual is deemed incompetent is proposed as the most significant step towards mainstreaming of mental health care and an end to discrimination.

Ethical issues in European psychiatry

European psychiatrists and psychiatric service planners are confronting new ethical dilemmas as a direct or indirect result of European integration. These dilemmas present themselves at a variety of levels, ranging from the individual doctor-patient relationship to national and international legislations. We review some of the areas in which ethical questions may arise as a result of increasing European unity. Some of the issues may seem minor but are likely to have some impact on any psychiatrist exposed to transcultural practice in the European Union. Other examples have been selected not because they are common but because of their massive ethical ramifications. Attempts, by psychiatrists, to address these issues pro-actively are few and far apart.

Formal justifications for compulsory psychiatric detention

The formal justifications for all detentions under s.2 of the Mental Health Act 1983 within an inner-city mental health trust were examined over a 12-month period. The study explored: the nature of the justifications for detention; the extent to which these were associated with patient characteristics; and the extent to which the two medical practitioners involved in each case agreed on the justifications. The justifications reflected a greater emphasis on the protection of the individual concerned rather than the protection of others. A content analysis of the textual justifications revealed five broad themes: the nature of the risk posed by the patient; the patient's capacity to provide informed consent; their need for hospitalization; their lack of consent to informal admission; and their reliability or likely compliance. There was a significant association between patients' sex, ethnic group, diagnosis and the nature of risk indicated in the documentation, but further research is needed to clarify the nature of this association. The study found that in nearly a quarter of cases, the two professionals did not agree about whether or not the patient presented a danger to others. This lack of agreement was not associated with any patient or professional characteristics, and may reflect the complexity of this area of risk assessment. The authors suggest that the issue of 'risk' needs to be addressed in a more sophisticated manner within the Mental Health Act. Specifically, further guidance is needed as to the nature and levels of risk that constitute grounds for detention. Further guidance is also needed regarding the issues that need to be recorded on the legal documentation for detention.

Registering concern: the case of primary care registers for people with severe and enduring mental illness

As the focus of mental health care has shifted from the hospital to the community, so the importance of effectively targeting resources on those with the greatest need has become paramount. One approach to identifying and targeting people deemed to have severe and enduring mental health problems is the establishment of mental health case registers at primary care level. This paper raises a number of conceptual issues associated with these registers and, on the basis of the available literature, offers suggestions to guide those who are contemplating their introduction.

Application of the powers of compulsory admission to psychiatric hospital by general practitioners, social workers and psychiatrists

Ways of extending or consolidating the powers of compulsory admission under the Mental Health Act 1983 have been discussed by the government and other organizations, including the Royal College of Psychiatrists. However there is little data on how existing legislation is applied. The authors examined the differential application of the Act between GPs, psychiatrists and social workers by means of an anonymous, confidential questionnaire. Fourteen case vignettes were interpreted by 20 social workers, 19 GPs and 28 Section 12 approved psychiatrists, who were asked to decide if they would detain the patient under the Act. Responses were analysed between and within the three groups. There was general agreement between groups on situations involving 'danger to self' and 'danger to others', but social workers were less likely to detain on health grounds and GPs tended to use the Act unpredictably, in areas not covered by the Act. The authors conclude that the Act may not be used to its fullest extent due to differences in interpretation or in knowledge, which may arise from differential constructs of mental illness and training. A national study of knowledge of mental health law is suggested.

Emergency psychiatric detentions: inter regional comparison of sections 24 and 25 of the Mental Health (Scotland) Act 1984

There are few published studies examining the emergency compulsory admission of patients to hospital under sections 24 and 25 of the Mental Health (Scotland) Act 1984. This retrospective case-note study reviewed 200 case-notes in Fife and Edinburgh to investigate the type of patients detained by general practitioners (GPs) and psychiatrists, in neighbouring health regions in which emergency psychiatric service provision differs. There were significant differences between the patients so detained, with regard to demographic variables and outcome of detention, but not for diagnoses. These were consistent findings for the two health regions investigated. There was evidence of mis-application of the 'emergency recommendations'. Situational factors are important in the decision to detain a person. Differences in psychiatric provision in the community may have an influence on the outcome of these detentions. Further studies would help to further define these variables.

The philosophical and sociological context of mental health care legislation

This paper explores mental health legislation from a philosophical and sociological perspective. It is argued that mental health law exists primarily as a coercive social control instrument and that the maintenance of a separate legislative framework for the mentally ill is based upon dubious legal and philosophical grounds. The need for changes in mental health law has been accelerated by the move in Britain toward care in the community. One of the most important issues at the centre of the debate revolves around the concept of 'dangerousness' and mental disorder. The research into the extent to which the risk of violence can be predicted appears problematic from a reform perspective. Prediction is considered to be the overriding problem that leads to a violation of patients' civil rights, especially in relation to black and ethnic minority groups. Equity in law is necessary for the protection of patient's rights and particularly for the protection of those people who enter mental health care systems concerned with issues of control at the expense of care.

[Elements for changing a prevailing psychiatric care model]

This study presents the results of research done at the Pedro II Psychiatric Center in 1995, as part of a partnership between the Center and the Universidade do Estado do Rio de Janeiro. Research includes the development of a profile for inpatients based on clinical and socioeconomic data from patient files, emergency ward assessment of the group's interactive abilities based on WHO parameters, and a critical analysis of the psychiatric care model employed in the Psychiatric Center. With the psychiatric reform pursued by major sectors of Brazilian society we intend not only to respond to the economic/administrative irrationality created by 'hospital-centrism', but especially to meet the needs of patients, health professionals, and society in general in moving away from a psychiatric care model dominated by the reference patterns of psychiatry and to de-institutionalize mental health. The results of this study criticize the biomedical model and open the door to a care model engaged in psychosocial rehabilitation. The critical analysis based upon the data from the investigation done at the Psychiatric Center should be applicable to other psychiatric hospitals in Brazil's public and private sectors.

The community treatment order: clinical and ethical issues

OBJECTIVE

In the light of recent legislation, this paper reviews the implementation of the Community Treatment Order (CTO) in terms of clinical efficacy and ethical issues involved in its use. The debate surrounding the introduction of CTOs in other countries is explored.

METHOD

A Medline search was conducted and references of recent articles followed up, with attention to Australian, New Zealand and international trends. A review of relevant legislation and government reports was conducted.

RESULTS

There has been limited debate in the Australian and New Zealand literature concerning the operation of CTOs. Despite their increasing and widespread use, there is a paucity of research on the efficacy of CTOs. Concerns about their negative effects on civil liberties have been stressed in the United Kingdom and American literature.

CONCLUSIONS

If the continued use of CTO is to be justified, both clinically and from the civil liberties perspective, controlled research needs to be carried out to identify whether CTOs are more effective than comprehensive assertive community outreach programs in reducing relapse rates and hospitalisation, and increasing compliance. Clinical guidelines concerning who is most likely to respond to such orders need to be developed. Alternatives to the CTO are explored, and future directions in research are outlined.

Why do so few patients appeal against detention under Section 2 of the Mental Health Act?

OBJECTIVE

To determine why most patients do not exercise their right of appeal against detention under section 2 of the Mental Health Act 1983.

DESIGN

Part one--retrospective analysis of the clinical notes of patients detained under section 2 of the Mental Health Act. Part two-interviews with patients on the penultimate day before the deadline for lodging an appeal.

SETTING

In part one, five districts in the Oxfordshire Regional Health Authority. In part two, six hospitals from three districts in the region.

SUBJECTS

In part one all patients detained under section 2 in the five districts in 1993 (n = 418). In part two interviews with 40 patients detained under section 2 in the six hospitals.

RESULTS

Patients were more likely to appeal if they were educated to A level standard (odds = 2.26; P = 0.0014) or had had a previous admission (2.19, P = 0.0029). Patients with a diagnosis of depression (0.31; P = 0.0.15) or dementia (0.0003, P = 0.0001) were less likely to appeal. Compared with those who appealed (n = 12) those who did not (n = 28) showed less understanding of their rights (P = 0.034) and poorer comprehension of sentences from the booklet describing patients' rights (P = 0.057). The main reasons given for not appealing were not being aware of the appeals process and being deterred by having to appeal in writing. After they received a full explanation of their rights 12 of those who did not appeal said that they wished to appeal and four did so within the time remaining before the deadline. Of 40 patients, 39 said there should be an automatic right of appeal.

CONCLUSIONS

The appeals procedure against detention under section 2 of the Mental Health Act is not a satisfactory way of protecting the civil liberties of patients. If patients were fully informed of their rights they would probably be much more likely to appeal.