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Independent Review of the Mental Health Act 1983 - Law Society response

22 January 2018

The Law Society has responded to the government’s Independent Review of the Mental Health Act 1983.

The response contains high-level observations of what the Society considers to be the most serious problems with the Act, now over 30 years old. 

These include:

  • Inadequate rights for patients to challenge their detention in the Mental Health Tribunal
  • Unjustifiable imposition of medical treatment on patients without their consent in the first three months of detention
  • A complete lack of safeguards for children in mental health detention
  • Inordinate delay in the treatment of prisoners with mental health problems
  • Confusion and conflict with the operation of the Mental Capacity Act 2005 and the United Nations Convention on the Rights of Persons with Disabilities.

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