In the liminal spaces of mental health law – what to do when section 136 expires?
The pressure on mental health services has not gone unremarked and is of widespread concern in England and Wales. This can have implications when a bed is being sought for a patient who has undergone a Mental Health Act assessment and is deemed to meet the criteria for being formally admitted to hos...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2023-12-01
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| Series: | BJPsych Bulletin |
| Subjects: | |
| Online Access: | https://www.cambridge.org/core/product/identifier/S2056469422000596/type/journal_article |
| _version_ | 1797404948526268416 |
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| author | Khalil Hassanally Judy Laing Anupam Kishore |
| author_facet | Khalil Hassanally Judy Laing Anupam Kishore |
| author_sort | Khalil Hassanally |
| collection | DOAJ |
| description | The pressure on mental health services has not gone unremarked and is of widespread concern in England and Wales. This can have implications when a bed is being sought for a patient who has undergone a Mental Health Act assessment and is deemed to meet the criteria for being formally admitted to hospital. Once the 24 h period for assessment under section 136 of the Act has lapsed, the ongoing detention of the patient can lead to a legal grey area. Through a fictional example this paper examines the relevant case law and statute that may be used to continue the detention and explores the ethical problems that this may cause. |
| first_indexed | 2024-03-09T03:02:30Z |
| format | Article |
| id | doaj.art-f546069d52d647dcb2f5288a3c5d6409 |
| institution | Directory Open Access Journal |
| issn | 2056-4694 2056-4708 |
| language | English |
| last_indexed | 2024-03-09T03:02:30Z |
| publishDate | 2023-12-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | BJPsych Bulletin |
| spelling | doaj.art-f546069d52d647dcb2f5288a3c5d64092023-12-04T13:13:27ZengCambridge University PressBJPsych Bulletin2056-46942056-47082023-12-014734234610.1192/bjb.2022.59In the liminal spaces of mental health law – what to do when section 136 expires?Khalil Hassanally0https://orcid.org/0000-0003-3511-3729Judy Laing1Anupam Kishore2Northwick Park Hospital, Central and North West London NHS Foundation Trust, London, UKUniversity of Bristol Law School, Bristol, UKPark Royal Centre for Mental Health, Central and North West London NHS Foundation Trust, London, UKThe pressure on mental health services has not gone unremarked and is of widespread concern in England and Wales. This can have implications when a bed is being sought for a patient who has undergone a Mental Health Act assessment and is deemed to meet the criteria for being formally admitted to hospital. Once the 24 h period for assessment under section 136 of the Act has lapsed, the ongoing detention of the patient can lead to a legal grey area. Through a fictional example this paper examines the relevant case law and statute that may be used to continue the detention and explores the ethical problems that this may cause.https://www.cambridge.org/core/product/identifier/S2056469422000596/type/journal_articlePsychiatry and lawconsent and capacityeducation and trainingethicshuman rights |
| spellingShingle | Khalil Hassanally Judy Laing Anupam Kishore In the liminal spaces of mental health law – what to do when section 136 expires? BJPsych Bulletin Psychiatry and law consent and capacity education and training ethics human rights |
| title | In the liminal spaces of mental health law – what to do when section 136 expires? |
| title_full | In the liminal spaces of mental health law – what to do when section 136 expires? |
| title_fullStr | In the liminal spaces of mental health law – what to do when section 136 expires? |
| title_full_unstemmed | In the liminal spaces of mental health law – what to do when section 136 expires? |
| title_short | In the liminal spaces of mental health law – what to do when section 136 expires? |
| title_sort | in the liminal spaces of mental health law what to do when section 136 expires |
| topic | Psychiatry and law consent and capacity education and training ethics human rights |
| url | https://www.cambridge.org/core/product/identifier/S2056469422000596/type/journal_article |
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