RT Journal Article
SR Electronic
T1 Current appeal system for those detained in England and Wales under the Mental Health Act needs reform
JF Journal of Medical Ethics
JO J Med Ethics
FD BMJ Publishing Group Ltd and Institute of Medical Ethics
SP 173
OP 177
DO 10.1136/medethics-2018-104947
VO 45
IS 3
A1 Paul Gosney
A1 Paul Lomax
A1 Carwyn Hooper
A1 Aileen O’Brien
YR 2019
UL http://jme.bmj.com/content/45/3/173.abstract
AB The approach to managing the involuntary detention of people suffering from psychiatric conditions can be divided into those with clinicians at the forefront of decision-making and those who rely heavily on the judiciary. The system in England and Wales takes a clinical approach where doctors have widespread powers to detain and treat patients involuntarily. A protection in this system is the right of the individual to challenge a decision to deprive them of their liberty or treat them against their will. This protection is provided by the First-tier Tribunal; however, the number of successful appeals is low. In this paper, the system of appeal in England and Wales is outlined. This is followed by a discussion of why so few patients successfully appeal their detention with the conclusion that the current system is flawed. A number of recommendations about how the system might be reformed are offered.