The claimants had argued that, as
detained patients in a high - security mental hospital, they had a «status» within the meaning of Art 14 and were being discriminated against when compared to those in prison, care homes and hospices.
In this context there seems to be no logical distinction between
detained patients and prisoners.
Paul also has some experience of mental health cases and appeared in the Supreme Court case of R (Modaresi) v Secretary of State for Health concerning article 5 ECHR and the duty of the Secretary of State to refer
detained patients to the First - tier Tribunal.
Detained patients may not be well enough to enter areas where smoking was permitted.
Protecting
the detained patient >> Misreading signals >> Births and injuries >> Madness in child care >>
Not exact matches
The MHA 2007 provided powers by which
patients detained in hospital for treatment, could, upon discharge, be made subject to Supervised Community Treatment, more commonly known as a Community Treatment Order (CTO).
Ministers have argued that it provides more help for people with mental health problems, while at the same time ensuring doctors can admit
patients for treatment or
detain them where necessary, for example for public safety.
His comments came during Seven Days of Action, a campaign led by families to shine a spotlight on the thousands of people with autism and learning difficulties currently
detained in some form of in -
patient setting.
However,
patients who are
detained under the Mental Health Act 1983 can not generally be given ECT without their consent, unless it is authorised by a Second Opinion Appointed Doctor (SOAD).
Two medical personnel have been
detained by the Senchi - Adome Police over the deaths of three
patients at the New Senchi Health Centre in the Asuogyaman District.
A Singaporean cancer
patient was
detained by U.S. customs because his cancer treatment had made his fingerprints disappear.
For example, the number of
patients on the wards each month who were male, of a younger age and
detained under the Mental Health Act.
If he had been properly assessed, he claimed, he would either have been
detained or consented to become a
patient, and would not have committed the offence.
A
patient can request to have a Hospital Managers hearing whilst
detained under the Mental Health Act.
Dr B Mahendra, barrister and consultant psychiatrist, says good practice requires that more formal assessments under the Act are undertaken soon after the reception of the
patient — so as to make him either a voluntary
patient or
detain him under more formal civil provisions.
It said that the position of a
detained mental
patient was more akin to the position of a prisoner than an ordinary hospital
patient and that there had to acknowledgement of their particular vulnerability.
Both prisoners and
detained mental
patients were under the control of the state in a way in which ordinary
patients were not.
The Court of Appeal («CoA») heard the cases of PJ and MM together in order to consider whether a
patient (
detained under the MHA) who is discharged into the community (subject to conditions — either through a CTO or a Conditional Discharge) can be deprived of their liberty if he or she has the capacity to consent to restrictions imposed upon them.
Regrettably, there is no official explanation for this distinction: the draft code of practice on the DoLS doesn't even mention the need for
patients to be
detained (Ministry of Justice and Department of Health, September 2007, The Mental Capacity Act 2005: Deprivation of Liberty Safeguards — Draft Addendum to the Mental Capacity Act 2005 Code of Practice, para 1.12).
However, that is not an option for many
patients detained under the Mental Health Act 1983.
For compelling
detained high - security
patients to quit was held not to interfere with their right to respect for home or private life.
Indefinite detention regimes for forensic
patients disproportionately affect Aboriginal and Torre Strait Islander peoples; the report details cases of Aboriginal men being held for years longer than any conviction would have
detained them.