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    Rights statement: This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Medical Law Review Thomas E Webb, Uninformed Reform: The Attempt to Abolish the Hospital Managers’ Section 23 Discharge Power Under the Mental Health Act 1983, Medical Law Review, Volume 27, Issue 1, Winter 2019, Pages 79–107, https://doi.org/10.1093/medlaw/fwy008 is available online at: https://academic.oup.com/medlaw/article/27/1/79/4980978

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Uninformed Reform: The Attempt to Abolish the Hospital Managers' Section 23 Discharge Power Under the Mental Health Act 1983

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Uninformed Reform : The Attempt to Abolish the Hospital Managers' Section 23 Discharge Power Under the Mental Health Act 1983. / Webb, Thomas Edward.

In: Medical Law Review, Vol. 27, No. 1, 01.02.2019, p. 79–107.

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@article{90690814e8de4f309eadbcf437f65a4f,
title = "Uninformed Reform: The Attempt to Abolish the Hospital Managers' Section 23 Discharge Power Under the Mental Health Act 1983",
abstract = "Under section 23 of the Mental Health Act 1983 a person can be discharged by the managers of the hospital from compulsory care. The limited evidence indicates that the section 23 power is normally delegated to a specially appointed panel who hold a hearing. Unfortunately, notwithstanding the implications for the liberty, autonomy, and dignity of the compelled person, very little is known about how this process operates. Nonetheless, since 1996 there has been a sustained effort to abolish the power. In view of this, the proposal to reform the 1983 Act contained in the Queen's Speech January 2017, and the subsequent establishment of the Independent Review of the Mental Health Act in October 2017, I critique the claims made in the abolition debate, and establish the conceptual gaps therein. I argue that a much more developed understanding of the power is required before any change is made to the law in this area.",
keywords = "Administrative justice, Discharge, Hospital Managers, Mental Health Act 1983, s.23, Mental Health Tribunal, NHS in England",
author = "Webb, {Thomas Edward}",
note = "This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Medical Law Review Thomas E Webb, Uninformed Reform: The Attempt to Abolish the Hospital Managers{\textquoteright} Section 23 Discharge Power Under the Mental Health Act 1983, Medical Law Review, Volume 27, Issue 1, Winter 2019, Pages 79–107, https://doi.org/10.1093/medlaw/fwy008 is available online at: https://academic.oup.com/medlaw/article/27/1/79/4980978",
year = "2019",
month = feb,
day = "1",
doi = "10.1093/medlaw/fwy008",
language = "English",
volume = "27",
pages = "79–107",
journal = "Medical Law Review",
issn = "0967-0742",
publisher = "Oxford University Press",
number = "1",

}

RIS

TY - JOUR

T1 - Uninformed Reform

T2 - The Attempt to Abolish the Hospital Managers' Section 23 Discharge Power Under the Mental Health Act 1983

AU - Webb, Thomas Edward

N1 - This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Medical Law Review Thomas E Webb, Uninformed Reform: The Attempt to Abolish the Hospital Managers’ Section 23 Discharge Power Under the Mental Health Act 1983, Medical Law Review, Volume 27, Issue 1, Winter 2019, Pages 79–107, https://doi.org/10.1093/medlaw/fwy008 is available online at: https://academic.oup.com/medlaw/article/27/1/79/4980978

PY - 2019/2/1

Y1 - 2019/2/1

N2 - Under section 23 of the Mental Health Act 1983 a person can be discharged by the managers of the hospital from compulsory care. The limited evidence indicates that the section 23 power is normally delegated to a specially appointed panel who hold a hearing. Unfortunately, notwithstanding the implications for the liberty, autonomy, and dignity of the compelled person, very little is known about how this process operates. Nonetheless, since 1996 there has been a sustained effort to abolish the power. In view of this, the proposal to reform the 1983 Act contained in the Queen's Speech January 2017, and the subsequent establishment of the Independent Review of the Mental Health Act in October 2017, I critique the claims made in the abolition debate, and establish the conceptual gaps therein. I argue that a much more developed understanding of the power is required before any change is made to the law in this area.

AB - Under section 23 of the Mental Health Act 1983 a person can be discharged by the managers of the hospital from compulsory care. The limited evidence indicates that the section 23 power is normally delegated to a specially appointed panel who hold a hearing. Unfortunately, notwithstanding the implications for the liberty, autonomy, and dignity of the compelled person, very little is known about how this process operates. Nonetheless, since 1996 there has been a sustained effort to abolish the power. In view of this, the proposal to reform the 1983 Act contained in the Queen's Speech January 2017, and the subsequent establishment of the Independent Review of the Mental Health Act in October 2017, I critique the claims made in the abolition debate, and establish the conceptual gaps therein. I argue that a much more developed understanding of the power is required before any change is made to the law in this area.

KW - Administrative justice

KW - Discharge

KW - Hospital Managers

KW - Mental Health Act 1983, s.23

KW - Mental Health Tribunal

KW - NHS in England

U2 - 10.1093/medlaw/fwy008

DO - 10.1093/medlaw/fwy008

M3 - Journal article

VL - 27

SP - 79

EP - 107

JO - Medical Law Review

JF - Medical Law Review

SN - 0967-0742

IS - 1

ER -