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Consent to treatment
Informal patients (over the age of 16) have the right to refuse
treatment except in the case of an emergency when a patient who
lacks the "capacity" to consent may be treated under the
common law doctrine of necessity.
Formal (detained) patients under Section 2 and 3 can be compelled
to take medication against their will for the first three months
of their detention.
The compulsory administration of medication cannot continue without
the consent of a Second Opinion Appointed Doctor (SOAD). A patient
detained under Section 5(2) who has the capacity to consent can
only be treated if he or she consents to treatment.
Special rules apply to specific treatments such as electro-convulsive
treatment (ECT) and psychosurgery. But both, under Section 58 and
57 respectively, require consent and a Second Opinion Appointed
Doctor (SOAD) to approve. In certain circumstances under Section
62 of the Act urgent medical treatment may be given to a detained
patient without consent or SOAD approval.
Nearest Relative
Section 26 of the Mental Health Act defines who, if anybody, is
your nearest relative under the Act. In order of priority it is
your:
husband or wife;
son or daughter;
father or mother;
brother or sister;
grandparent;
grandchild;
uncle or aunt;
nephew or niece;
Rights of the Nearest Relative
If you are the Nearest Relative of someone affected by a mental disorder
the Mental Health Act gives you the following rights :
- The right to ask
an Approved Social Worker to assess your relative for compulsory
admission to psychiatric hospital.
- The right to apply
for your relative to be admitted compulsorily to psychiatric hospital.
This application must be accompanied by two medical recommendations,
one at least from a psychiatrist.
- The right to refuse
consent for your relative to be compulsorily admitted to hospital
under Section Three (though this right can be removed by the courts).
- The right to discharge
your relative if they are compulsorily detained in psychiatric
hospital.
- Under Section 132
the managers of a hospital have the duty to provide a formal patient
with information on:
-
The section she or he is detained under
- His or
her right to apply to a Mental Health Review Tribunal and/or
appeal to the Hospital Managers
- His or
her right to be discharged
- Consent
to treatment rules
- Correspondence
rules
- The Mental
Health Act Commission, its obligation to protect detained patients
and its codes of practice.
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