13.05.10 Mental health act
Section three
Mental disorder
Organic or non-organic
Including personality disorder
Of a nature or degree
i.e. Even if no current symptoms, the nature of a patient's past illness can be sufficient
Making it appropriate
Doctor-focussed
That they be under hospital detention for treatment
On the basis of their health, safety or the protection of others
Protection on others should be a separate act
Appropriate medical treatment should be available
Defined extremely broadly (education, rehab..)
Only the purpose need be to treat - i.e. Doesn't need to be likely to help, or even reasonable
For the disorder, its symptoms or its manifestations
What does this mean in personality disorders?
Antisocial PD problem
Retained capacity, but essentially untreatable
So MHA had to be defined widely enough to allow for their detention (if dangerous)
=> Huge discretion for clinicians
Dangerous and Severe Personality Disorder (DSPD)
Not really a diagnosis at all
Introduced in 2001 to allow detention of bad 'ns
Michael Stone: Murder of Lin and Megan Russell in 1998
Personality disorders (DSM-IV)
Notes
Section 3 = Section 37 (which is from courts)
Professor George Szmukler - No need for MHA, can use MCA
Mental disorder = "Impairment or disturbance in functioning of mind or brain resulting from a disability or disorder of mind or brain"
MAPPA / MARAC for dangerous folk