This website is intended for healthcare professionals

Richard Griffith

Senior Lecturer in Health Law, Swansea University

Practical implications of overlapping mental capacity assessments

Section 2(1) of the Mental Capacity Act 2005 provides that:.

Best interests must be centred on the person's needs not those of the family

Nurses and others are given general authority under section 5 of the Mental Capacity Act to act in relation to a person's care and treatment where:.

Residual liberty and the detained mental health patient

In AM v South London & Maudsley NHS Foundation Trust and The Secretary of State for Health [2013], Justice Charles held that the Mental Capacity Act 2005 could be used to treat a physical condition...

No duty to shield relatives from the shocking aftermath of treatment or death

Nervous shock used to be the term used to describe psychiatric harm that arose as result of another's negligent action. It is now more accurate to refer to such harm as a psychiatric injury, but the...

Applying the appropriate treatment test in the Mental Health Act 1983

‘Nursing, psychological intervention and specialist mental health habilitation, rehabilitation and care.’ .

Female genital mutilation and a nurse's duty to report cases to the police

The recent conviction of a woman for assisting another person to undertake female genital mutilation (FGM) on a three-year-old British girl during a trip to Kenya, has been hailed as evidence of the...

Capacity, belief and impairment of the mind or brain

‘Although Mr C's general capacity was impaired by schizophrenia, it had not been established that he does not sufficiently understand the nature, purpose and effects of the treatment he refuses....

The provision of aftercare under the Mental Health Act 1983

Section 117 of the Mental Health Act 1983 gives people who have been detained for treatment under the Act the right to aftercare on discharge from hospital (R v Ealing District Health Authority Ex p...

The relationship between the professional practice standard and a nurse's advisory role

‘A single comprehensive duty covering all the ways you are called on to exercise skill and judgement in improving the mental and physical condition of the patient.’ .

Managing the interface between two Acts relevant to the deprivation of liberty

Both the Mental Health Act 1983 and the Mental Capacity Act 2005 have provisions for the authorisation of a deprivation of liberty that are compliant with Article 5 of the European Convention on Human...

Deprivation of liberty and children with complex needs: a new specialist court

Children are often subject to restrictions imposed by their parents or a person acting in loco parentis with such restrictions amounting to a deprivation of liberty.

Use of conditions in deprivation of liberty safeguard authorisations

To protect the dignity of patients by ensuring that restrictions imposed to protect that person and not overly intrusive, best interests assessors are commissioned to review the restrictions and...

Ensuring the necessity of best interests determinations

‘Keep to all relevant laws about mental capacity that apply in the country in which you are practising, and make sure that the rights and best interests of those who lack capacity are still at the...

Use of hospital and limitation directions under the Mental Health Act 1983

The Crime (Sentences) Act 1997 introduced hospital and limitation directions into the Mental Health Act 1983. Section 45A of the Mental Health Act 1983 allows the Crown Court to issue a hospital...

Insanity as a defence to a criminal charge

When a person with a mental disorder is prosecuted it is open to them to argue that they are not guilty by reason of insanity. This legal defence is available at common law to any criminal charge. For...

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