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Mental health tribunal

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A mental health tribunal is a specialist tribunal ( hearing ) empowered by law to adjudicate disputes about mental health treatment and detention , primarily by conducting independent reviews of patients diagnosed with mental disorders who are detained in psychiatric hospitals , or under outpatient commitment , and who may be subject to involuntary treatment .

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48-430: The usual composition of the panel varies by jurisdiction but may consist of a legal member, a medical member and a community/specialist member. The legal member may be a senior lawyer or judge (often senior counsel ) and acts as the chair; the medical member may be a senior (e.g. consultant) psychiatrist and has often held clinical responsibility for detained patients before; and the community/specialist/'non-legal' member

96-700: A Consent and Capacity Board which operates under the Mental Health Act as well as the Health Care Consent Act , the Substitute Decisions Act and other legislation. The tribunals are also subject to the constitutional rights of Section 7 of the Canadian Charter of Rights and Freedoms . Appeals may rarely reach the Supreme Court of Canada . In addition, each province and territory has

144-437: A decrease in the number of academic disciplines. One key question is how well the challenge can be decomposed into subparts, and then addressed via the distributed knowledge in the community. The lack of shared vocabulary between people and communication overhead can sometimes be an issue in these communities and projects. If challenges of a particular type need to be repeatedly addressed so that each one can be properly decomposed,

192-562: A hearing at the High Court is possible. The related legislation is the Mental Health (Compulsory Assessment & Treatment) Act 1992 (and Amendment Act 1999 of the same name). As Canada has a federal system of government , Mental Health Review Boards are specific to each province or territory in Canada. For example, British Columbia 's operates under its Mental Health Act. Ontario has instead

240-523: A legal hearing, with legal representation provided. Some countries with fewer resources may initially only require a paper review in straightforward cases, or may not review very short detentions (e.g. less than 72 hours). However, the WHO states that there must always be a right of appeal in a timely manner as well as "ongoing, automatic, mandatory and regular reviews of status." The hearing authority should not be influenced by any external instruction at all. A balance

288-415: A multidisciplinary community can be exceptionally efficient and effective. There are many examples of a particular idea appearing in different academic disciplines, all of which came about around the same time. One example of this scenario is the shift from the approach of focusing on sensory awareness of the whole, "an attention to the 'total field ' ", a "sense of the whole pattern, of form and function as

336-516: A scale, around a norm, hierarchize individuals in relation to one another and, if necessary, disqualify and invalidate." (Foucault, 1975/1979, p. 223) Communities of academic disciplines can be found outside academia within corporations, government agencies, and independent organizations, where they take the form of associations of professionals with common interests and specific knowledge. Such communities include corporate think tanks , NASA , and IUPAC . Communities such as these exist to benefit

384-523: A separate Review Board (Criminal Code), established under the Criminal Code , which adjudicates mentally disordered offenders found unfit to stand trial or not criminally responsible by reason of mental disorder. South Africa has Mental Health Review Boards in each province, as mandated by the country's Mental Health Care Act 2002. Although the Act has been noted for improving aspects of the mental health system,

432-661: A specific academic discipline, are classified as generalists . While academic disciplines in and of themselves are more or less focused practices, scholarly approaches such as multidisciplinarity/interdisciplinarity , transdisciplinarity , and cross-disciplinarity integrate aspects from multiple academic disciplines, therefore addressing any problems that may arise from narrow concentration within specialized fields of study. For example, professionals may encounter trouble communicating across academic disciplines because of differences in language, specified concepts, or methodology. Some researchers believe that academic disciplines may, in

480-418: A transdisciplinary team is more holistic and seeks to relate all disciplines into a coherent whole. Cross-disciplinary knowledge is that which explains aspects of one discipline in terms of another. Common examples of cross-disciplinary approaches are studies of the physics of music or the politics of literature . Bibliometrics can be used to map several issues in relation to disciplines, for example,

528-600: A tribunal revoked an order. Concerns regarding inaccurate and out-of-date medical reports have been raised in Canada. Risk is a component of decision making of tribunals but risk estimates are difficult. Individuals in New Zealand report disagreeing with risk assessments and felt that risk was exaggerated. The Mental Health Tribunal in England is now technically known as the First-tier Tribunal (Mental Health) but in practice

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576-445: A unity", an "integral idea of structure and configuration". This has happened in art (in the form of cubism), physics, poetry, communication and educational theory. According to Marshall McLuhan , this paradigm shift was due to the passage from the era of mechanization, which brought sequentiality, to the era of the instant speed of electricity, which brought simultaneity. Multidisciplinary approaches also encourage people to help shape

624-483: Is a subdivision of knowledge that is taught and researched at the college or university level. Disciplines are defined (in part) and recognized by the academic journals in which research is published, and the learned societies and academic departments or faculties within colleges and universities to which their practitioners belong. Academic disciplines are conventionally divided into the humanities (including philosophy , language , art and cultural studies ),

672-427: Is made up of people from different academic disciplines and professions. These people are engaged in working together as equal stakeholders in addressing a common challenge. A multidisciplinary person is one with degrees from two or more academic disciplines. This one person can take the place of two or more people in a multidisciplinary community. Over time, multidisciplinary work does not typically lead to an increase or

720-426: Is neither a lawyer or medical doctor but has relevant qualifications (often at postgraduate level) and/or specialist experience in mental health, either as a mental health professional or a specialist layperson. Attendees may include the patient, a patient advocate , legal representatives (lawyers), any family (especially next of kin), and mental health professionals involved in the person's care (typically including

768-551: Is no established system of review or appeal of detentions. As it has a federal system of government , the tribunals vary by state in Australia. Examples include the Mental Health Review Tribunal of New South Wales and the Mental Health Review Tribunal (NT) ( Northern Territories ). In New Zealand there is a right to apply for a review in a family court prior to applying for a Mental Health Review Tribunal. Rarely

816-475: Is no right of appeal to a higher judicial court or to legal representation. The United States uses a purely judicial model, rather than mental health tribunals ('mental health boards' in the US are regional government groups that monitor or advise on policy etc.). Civil commitment hearings are generally held before a judge, and operate under the laws of that state. India has traditionally had no oversight body, even since

864-554: Is no right to a legal hearing and no guarantee of legal representation. Official sites: Senior counsel Too Many Requests If you report this error to the Wikimedia System Administrators, please include the details below. Request from 172.68.168.226 via cp1108 cp1108, Varnish XID 766577585 Upstream caches: cp1108 int Error: 429, Too Many Requests at Fri, 29 Nov 2024 05:43:57 GMT Multidisciplinary An academic discipline or academic field

912-723: Is often called the Mental Health Tribunal. The First-tier Tribunal , created by the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) in 2008, is subdivided into chambers: Mental Health Tribunals come within the Health, Education and Social Care Chamber . The Mental Health Review Tribunal for Wales was created by the Mental Health Act 1983 and has separate, but similar, procedural rules. John Geoffrey Jones , QC served as its chairman from 1996 to 1999. A new Upper Tribunal

960-702: Is required between avoiding delays in necessary admission/treatment, reviewing as soon as possible, preventing harm, and recognising rights to mental health care as well as to refuse treatment. International legal agreements which can have a bearing on mental health tribunals include the Convention on the Rights of Persons with Disabilities (Article 13 Access to justice), the Universal Declaration of Human Rights or regional human rights conventions such as Article 5(4) ( liberty and security of person ) and Article 6 of

1008-594: The Secretary of State for Justice 's Mental Health Casework Section, but are still reviewed by the Mental Health Tribunal (often led by a Circuit Judge ). Three patients in the early 2010s were allowed to have their hearings in public, with the media in attendance. The Mental Health Tribunal for Scotland was created on 5 October 2005 by virtue of section 21 of the Mental Health (Care and Treatment) (Scotland) Act 2003 . The Mental Health Review Tribunal for Northern Ireland

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1056-408: The scientific disciplines (such as physics , chemistry , and biology ), the formal sciences like mathematics and computer science ; the social sciences are sometimes considered a fourth category. Individuals associated with academic disciplines are commonly referred to as experts or specialists . Others, who may have studied liberal arts or systems theory rather than concentrating in

1104-504: The 1987 Mental Health Act. However a Draft Mental Health Care Bill (2012) looks to set up a national Mental Health Review Commission and state Mental Health Review Boards. Mental health in China has traditionally had no oversight body or national mental health law. The Mental Health Care Act 2012 creates some rights for detained patients to request a second opinion from another state psychiatrist and then an independent psychiatrist; however there

1152-461: The European Convention on Human Rights ( right to a fair trial ). However, tribunals are not necessarily legally enabled to deal with humans rights claims. In particular, claims for rights to mental health care and support still generally remain outside their remit, though they can sometimes make non-binding recommendations regarding care plans or supervisory arrangements. The Principles for

1200-476: The Mental Health Commission. The related law is the Mental Health Act 2001 . The Tribunal panel consists of a psychiatrist, a lawyer (either a solicitor or a barrister) and a lay member. In many other jurisdictions, where mental health reviews are stipulated they tend to be carried out by a judge rather than by specialist tribunals. Turkey does not yet have a single coherent mental health law and there

1248-710: The Protection of Persons with Mental Illness ('MI Principles'), adopted by the United Nations General Assembly in 1991, has some basic standards concerning the need for a legal hearing for patients who are detained or treated against their will or whose capacity to make decisions is questioned. Principle 17 (Review body) includes 7 points. Point 1 states: "The review body shall be a judicial or other independent and impartial body established by domestic law and functioning in accordance with procedures laid down by domestic law. It shall, in formulating its decisions, have

1296-418: The arts and social sciences. Communities of academic disciplines would contribute at varying levels of importance during different stages of development. These categories explain how the different academic disciplines interact with one another. Multidisciplinary (or pluridisciplinary) knowledge is associated with more than one existing academic discipline or profession. A multidisciplinary community or project

1344-467: The assistance of one or more qualified and independent mental health practitioners and take their advice into account." The final point states: "A patient or his personal representative or any interested person shall have the right to appeal to a higher court against a decision that the patient be admitted to, or be retained in, a mental health facility." Evidence suggests that despite their multidisciplinary nature, tribunals are significantly influenced by

1392-552: The benefit of all societies' growth and wellbeing. Regional examples such as Biopeople and industry-academia initiatives in translational medicine such as SHARE.ku.dk in Denmark provide evidence of the successful endeavour of multidisciplinary innovation and facilitation of the paradigm shift. In practice, transdisciplinary can be thought of as the union of all interdisciplinary efforts. While interdisciplinary teams may be creating new knowledge that lies between several existing disciplines,

1440-599: The clinician with primary responsibility for the patient) or brought in for an independent view. The hearings may be held privately or may be open to the public, depending on the jurisdiction and individual circumstances. Many Western developed nations use a tribunal model (they may be termed review boards) for mental health. There is usually provision to appeal decisions to a court ( judicial review ). By contrast some countries use an entirely judicial (courts) model, while some have no oversight or review body at all. The World Health Organization observes that most countries around

1488-527: The courts, although they have the advantage of unambiguous legal status, the court process can become a 'rubber stamp' exercise where judges make decisions in the absence of patients, representatives or witnesses, and endorse medical recommendations without independent analysis. Independent tribunals of specially selected members with expertise in the area are said to be more competent bodies if operated properly. Many countries require that every person recommended for detention or involuntary treatment be reviewed in

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1536-694: The current physical sciences. Prior to the twentieth century, few opportunities existed for science as an occupation outside the educational system. Higher education provided the institutional structure for scientific investigation, as well as economic support for research and teaching. Soon, the volume of scientific information rapidly increased and researchers realized the importance of concentrating on smaller, narrower fields of scientific activity. Because of this narrowing, scientific specializations emerged. As these specializations developed, modern scientific disciplines in universities also improved their sophistication. Eventually, academia's identified disciplines became

1584-433: The early twentieth century, new academic disciplines such as education and psychology were added. In the 1970s and 1980s, there was an explosion of new academic disciplines focusing on specific themes, such as media studies , women's studies , and Africana studies . Many academic disciplines designed as preparation for careers and professions, such as nursing , hospitality management , and corrections , also emerged in

1632-446: The flow of ideas within and among disciplines (Lindholm-Romantschuk, 1998) or the existence of specific national traditions within disciplines. Scholarly impact and influence of one discipline on another may be understood by analyzing the flow of citations. The Bibliometrics approach is described as straightforward because it is based on simple counting. The method is also objective but the quantitative method may not be compatible with

1680-563: The foundations for scholars of specific specialized interests and expertise. An influential critique of the concept of academic disciplines came from Michel Foucault in his 1975 book, Discipline and Punish . Foucault asserts that academic disciplines originate from the same social movements and mechanisms of control that established the modern prison and penal system in eighteenth-century France , and that this fact reveals essential aspects they continue to have in common: "The disciplines characterize, classify, specialize; they distribute along

1728-549: The future, be replaced by what is known as Mode 2 or "post-academic science", which involves the acquisition of cross-disciplinary knowledge through the collaboration of specialists from various academic disciplines. It is also known as a field of study , field of inquiry , research field and branch of knowledge . The different terms are used in different countries and fields. The University of Paris in 1231 consisted of four faculties : Theology , Medicine , Canon Law and Arts . Educational institutions originally used

1776-579: The influence of the treating teams and particularly psychiatrist in decision making. Individuals involved in the tribunal process describe feelings of powerlessness and complain about the limited scope of tribunals that prevent them discussing their experience of treatment. Individuals may feel intimidated by the number of people present at the tribunal particularly if their friends and family members in attendance. There have been issues in Ireland with of psychiatrists defying tribunals are readmitting patients after

1824-583: The innovation of the future. The political dimensions of forming new multidisciplinary partnerships to solve the so-called societal Grand Challenges were presented in the Innovation Union and in the European Framework Programme, the Horizon 2020 operational overlay. Innovation across academic disciplines is considered the pivotal foresight of the creation of new products, systems, and processes for

1872-522: The medical domain through the use of medical discourse and respect for medical expertise. Further, medical jargon can as barrier to patient autonomy as it can be difficult for individuals to express arguments in medical language. Concerns have been raised about the lack of scrutiny of medical evidence in Australia; carers in Scotland have criticised a "hierarchy of opinion" mirroring decision making in medical settings; and forensic patients in Canada commented on

1920-458: The organizations affiliated with them by providing specialized new ideas, research, and findings. Nations at various developmental stages will find the need for different academic disciplines during different times of growth. A newly developing nation will likely prioritize government, political matters and engineering over those of the humanities, arts and social sciences. On the other hand, a well-developed nation may be capable of investing more in

1968-524: The political science field (emphasizing the policy analysis aspect). As the twentieth century approached, these designations were gradually adopted by other countries and became the accepted conventional subjects. However, these designations differed between various countries. In the twentieth century, the natural science disciplines included: physics , chemistry , biology , geology , and astronomy . The social science disciplines included: economics , politics , sociology , and psychology . Prior to

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2016-456: The review boards "contend with limited resources, administrative challenges and limited political support." Japan has regional Psychiatric Review Boards, but their independence is questioned. The members are appointed by the governor of each region, who is the same person who orders involuntary detentions. Half or over half of each panel is made up of psychiatrists, who are often owners of the hospitals, and only one legal member. Furthermore, there

2064-717: The term "discipline" to catalog and archive the new and expanding body of information produced by the scholarly community. Disciplinary designations originated in German universities during the beginning of the nineteenth century. Most academic disciplines have their roots in the mid-to-late-nineteenth century secularization of universities, when the traditional curricula were supplemented with non-classical languages and literatures , social sciences such as political science , economics , sociology and public administration , and natural science and technology disciplines such as physics , chemistry , biology , and engineering . In

2112-424: The twentieth century, categories were broad and general, which was expected due to the lack of interest in science at the time. With rare exceptions, practitioners of science tended to be amateurs and were referred to as "natural historians" and "natural philosophers"—labels that date back to Aristotle—instead of "scientists". Natural history referred to what we now call life sciences and natural philosophy referred to

2160-446: The universities. Finally, interdisciplinary scientific fields of study such as biochemistry and geophysics gained prominence as their contribution to knowledge became widely recognized. Some new disciplines, such as public administration , can be found in more than one disciplinary setting; some public administration programs are associated with business schools (thus emphasizing the public management aspect), while others are linked to

2208-411: The world use some type of "independent authority such as a review body, tribunal or a court to confirm involuntary admission based on medical/psychiatric/professional expertise." Such authorities generally also adjudicate findings of incapacity to consent to or refuse medical treatment, and the issuing of community treatment orders (outpatient commitment) in countries that have them. In countries that use

2256-611: Was also created by the TCEA 2007. It hears appeals (and sometimes judicial reviews ) relating to decisions of the First-tier Tribunal and MHRT for Wales. Appeals from the Upper Tribunal are heard by the Court of Appeal . A tribunal panel has three members: the legal, medical and specialist lay member. Some patients held in the mental health system after facing criminal charges are termed 'restricted' patients and are subject to additional controls via

2304-595: Was set up under the Mental Health (Northern Ireland) Order 1986. Following the commencement of parts of the Mental Capacity Act (Northern Ireland) 2016, it was renamed as simply the Review Tribunal. It deals with cases of detention under the 1986 Order and of deprivation of liberty under the 2016 Act. Mental Health Tribunals in Ireland are administered by the Mental Health Tribunals Division of

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