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Local, democratic community justice in the Mental Health Act 1983

Research output: Contribution to Journal/Magazine › Journal article › peer-review

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Local, democratic community justice in the Mental Health Act 1983. / Webb, Thomas.
In: Legal Studies, Vol. 43, No. 3, 30.09.2023, p. 523-542.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Harvard

Webb, T 2023, 'Local, democratic community justice in the Mental Health Act 1983', Legal Studies, vol. 43, no. 3, pp. 523-542. https://doi.org/10.1017/lst.2023.2

APA

Webb, T. (2023). Local, democratic community justice in the Mental Health Act 1983. Legal Studies, 43(3), 523-542. https://doi.org/10.1017/lst.2023.2

Vancouver

Webb T. Local, democratic community justice in the Mental Health Act 1983. Legal Studies. 2023 Sept 30;43(3):523-542. Epub 2023 Feb 15. doi: 10.1017/lst.2023.2

Author

Webb, Thomas. / Local, democratic community justice in the Mental Health Act 1983. In: Legal Studies. 2023 ; Vol. 43, No. 3. pp. 523-542.

Bibtex

@article{1b2ee64a84bc4765920b92a78d43877d,
title = "Local, democratic community justice in the Mental Health Act 1983",
abstract = "Associate Hospital Managers (AHMs) are members of the local community with a power under section 23 of the Mental Health Act 1983 to discharge people from compulsory mental health care against medical advice. They provide scrutiny of professional decisions and, in so doing, protect patient liberty by providing review of compulsory care. Abolition of the AHMs has been contemplated on numerous occasions, most recently by the Independent Review of the Mental Health Act 1983 (December 2018), the White Paper on {\textquoteleft}Reforming the Mental Health Act{\textquoteright} (January 2021) and the Government's response (July 2021). Through an historical and contemporary consideration of the section 23 power spanning 1808–2022, this paper argues that removal of the AHMs would be detrimental to the legitimacy of the 1983 Act. This is because the abolition of the AHMs would undermine the principles of local, democratic, community oversight entailed by section 23, and found nowhere else in the Act. The Draft Mental Health Bill (June 2022) does not address these concerns.",
keywords = "mental health law, legal history, Mental Health Act 1983, section 23, law reform, associate hospital managers",
author = "Thomas Webb",
year = "2023",
month = sep,
day = "30",
doi = "10.1017/lst.2023.2",
language = "English",
volume = "43",
pages = "523--542",
journal = "Legal Studies",
issn = "0261-3875",
publisher = "Wiley-Blackwell",
number = "3",

}

RIS

TY - JOUR

T1 - Local, democratic community justice in the Mental Health Act 1983

AU - Webb, Thomas

PY - 2023/9/30

Y1 - 2023/9/30

N2 - Associate Hospital Managers (AHMs) are members of the local community with a power under section 23 of the Mental Health Act 1983 to discharge people from compulsory mental health care against medical advice. They provide scrutiny of professional decisions and, in so doing, protect patient liberty by providing review of compulsory care. Abolition of the AHMs has been contemplated on numerous occasions, most recently by the Independent Review of the Mental Health Act 1983 (December 2018), the White Paper on ‘Reforming the Mental Health Act’ (January 2021) and the Government's response (July 2021). Through an historical and contemporary consideration of the section 23 power spanning 1808–2022, this paper argues that removal of the AHMs would be detrimental to the legitimacy of the 1983 Act. This is because the abolition of the AHMs would undermine the principles of local, democratic, community oversight entailed by section 23, and found nowhere else in the Act. The Draft Mental Health Bill (June 2022) does not address these concerns.

AB - Associate Hospital Managers (AHMs) are members of the local community with a power under section 23 of the Mental Health Act 1983 to discharge people from compulsory mental health care against medical advice. They provide scrutiny of professional decisions and, in so doing, protect patient liberty by providing review of compulsory care. Abolition of the AHMs has been contemplated on numerous occasions, most recently by the Independent Review of the Mental Health Act 1983 (December 2018), the White Paper on ‘Reforming the Mental Health Act’ (January 2021) and the Government's response (July 2021). Through an historical and contemporary consideration of the section 23 power spanning 1808–2022, this paper argues that removal of the AHMs would be detrimental to the legitimacy of the 1983 Act. This is because the abolition of the AHMs would undermine the principles of local, democratic, community oversight entailed by section 23, and found nowhere else in the Act. The Draft Mental Health Bill (June 2022) does not address these concerns.

KW - mental health law

KW - legal history

KW - Mental Health Act 1983

KW - section 23

KW - law reform

KW - associate hospital managers

U2 - 10.1017/lst.2023.2

DO - 10.1017/lst.2023.2

M3 - Journal article

VL - 43

SP - 523

EP - 542

JO - Legal Studies

JF - Legal Studies

SN - 0261-3875

IS - 3

ER -