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Consenting Adults?

  • Anne Rogers
  • David Pilgrim
  • Ron Lacey
Chapter
Part of the Issues in Mental Health book series (IMH)

Abstract

Until 1983, British mental health legislation had provided doctors and other state professionals with the power to hospitalise and treat people deemed to be mentally ill without their consent. This power was inherited from Victorian legislation. The 1983 Mental Health Act supposedly set certain limits on this legacy, in the interests of the civil liberties of patients. As the twenty-first century draws near and the Dickensian asylums close down, our data allows us to review whether or not we indeed now live in a relatively enlightened period. Two questions in particular are of interest. First, are legal safeguards such as the Mental Health Act Commission and that part of the 1983 Mental Health Act concerning consent to treatment (Section 57) really effective? Second, if a patient is technically ‘voluntary’ or ‘informal’ (that is, not formally detained under the Act), does this guarantee them the right to informed consent?

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Notes and References

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    Pilgrim, D. and Treacher, A., Clinical Psychology Observed (London: Routledge & Kegan Paul, 1992).Google Scholar
  4. 9.
    Lidz, C., Meisel, A., Zerubavel, E., Carter, M., Sestak, R. and Roth, L., Informed Consent: A Study of Decision Making in Psychiatry (New York: Guildford Press, 1984).Google Scholar
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    Soskis, D.A., ‘Schizophrenic and Medical Patients as Informed Drug Consumers’, Archives of General Psychiatry, 35 (1978), pp. 645–7.CrossRefGoogle Scholar
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    Klatte, E., Liscomb, W., Rozynko, V. and Pught, L., ‘Changing the Legal Status of Mental Hospital Patients’, Hospital and Community Psychiatry, 20 (1969), pp. 199–02.Google Scholar

Copyright information

© Anne Rogers, David Pilgrim and Ron Lacey 1993

Authors and Affiliations

  • Anne Rogers
  • David Pilgrim
  • Ron Lacey

There are no affiliations available

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