Mental Health Legislation

Professor Anselm Eldergill

LEGISLATIVE REFORM DRAFTING LEGISLATION DRAFTING POLICIES AND GUIDELINES ETHICS AND PUBLIC POLICY ISSUES CONFERENCE PRESENTATIONS

Anselm Eldergill studied government at the London School of Economics and Oxford University before qualifying as a lawyer.

He has written and lectured on mental health law, ethics, policy and practice. He has also advised several foreign states about the reform of their mental health legislation, and was previously Chairman of the Mental Health Act Commission's Law and Ethics Committee.

ON THIS PAGE

	Principles of Mental Health Legislation
	The Law and 'Personality Disorder'
	Future of the Mental Health Act Commission
	Incapacity
	Medical Ethics Protocols
	Links to other Pages




The Principles of Mental Health Legislation
	For convenience, the principles of mental health legislation enumerated in 'Is Anyone Safe?' (see below) are set out here in a separate document. document. 2 pages.	75 kb
The Principles of Legislating for Risks (Risk Management and the Law)
	For convenience, the principles concerning legislating for serious risks enumerated in 'Is Anyone Safe?' (see below) are set out here in a separate document. 2 pages.	80 kb
Why be a liberal?, The North East Mental Health Law Conference, June 2003
	Conference presentation. With the British Government's proposals for more authoritarian mental health laws in mind, this presentation examined the benefits of liberal mental health laws. The North East Mental Health Law Conference 2003 was organised by Northumbria University School of Law and Eversheds Solicitors. 39 pages. Read only.	653 kb
The Revised Mental Health Bill
	This paper was prepared for the Institute of Mental Health Act Practitioners, in order to highlight some of the most significant deficits in the draft Mental Health Bill. Readers are welcome to reproduce the notes, and to use them in connection with their own submissions on the Bill. However, this is conditional on attributing the source. Readers are asked to support the retention of an independent Mental Health Commission and to oppose the proposal that the Healthcare Commission should be responsible for supervising the way in which the new Act is used.	575kb
Is Anyone Safe? Civil Compulsion under the Draft Mental Health Bill, 'Journal of Mental Health Law', December 2002.
	The British Government published a draft Mental Health Bill for England and Wales on 26 June 2002. Its publication was preceded by a White Paper in December 2000, a Green Paper in November 1999, and a report prepared by a Government-appointed committee. The focus of the Bill is on risk management and compulsion in the community. It has been widely condemned by professional bodies, and by carers and patient groups. The nature of the criticism is that the proposals are unprincipled and impractical. The purpose of this paper is to analyse the Government’s case for change and, having done that, to analyse the new civil powers of detention and compulsory treatment. The conclusion is that, in many respects, the Bill does not comply with the European Convention on Human Rights, or with the minimum international standards agreed by nations as being the baseline for countries that wish to be considered civilised in this respect. 32 pages.	665 kb
	Conference presentation of 'Is Anyone Safe?' Inaugural professorial lecture delivered on 13 November 2002 at Northumbria University, Newcastle Upon Tyne. 29 powerpoint slides.	297 kb
'White Paper: Reform of the Mental Health Act', Journal of Forensic Psychiatry, August 2001.
	This paper analyses the British Government’s proposals for new mental health laws, as set out in its White Paper of December 2000. It concludes that the grounds for compulsion are imprecise, and at times demonstrate a lack of respect for the importance of individual liberty within English society. Certain ideas, such as the significance of treatability, and the proposals concerning incapacity, need refining. The reduction in independent scrutiny carries a risk of patient abuse, and stronger safeguards are required in order to balance the legislation, and for it to be just. Although the proposals have the potential to improve on existing legislation, the devil is in the detail, and whether the statute is regarded in hindsight as a success or a failure depends on details and practicalities. 14 pages.	328 kb
	Conference presentation on the British Government's White Paper, Institute of Mental Health Conference, Reforming the Mental Health Act 1983, King's Fund Centre, February 2001. 28 powerpoint slides.	388 kb
	A rather dry abstract of the British Government's White Paper: Reforming the Mental Health Act. Part I: The new legal framework (Department of Health/Home Office, December 2000, Cm 5016–I); Reforming the Mental Health Act; Part II: High-risk patients (Department of Health/Home Office, December 2000, Cm 5016–II). 33 pages. Read only.	656 kb
The Green Paper and the Richardson Report, IMHAP & RCPsych Conference, March 2000
	Conference presentation on the British Government's Green Paper, Institute of Mental Health Act Practitioners' Mental Health Act Green Paper Conference, Royal College of Physicians (2000). 24 powerpoint slides.	137 kb



Legislating for Personality Disorder
	For convenience, the principles concerning legislating for 'personality disorder' in 'Is Anyone Safe?' (see above) are set out here in a separate document. 4 pages.		85kb
'Psychopathy, the law and individual rights,' Princeton University Law Journal, Volume III, Issue 2, Spring 1999.
	This document is a short abstract of the above paper on psychopathy, the law and individual rights. It was written shortly before the British Government published its proposals for detaining in secure civilian accommodation persons said to have a 'dangerous severe personality disorder'. 2 pages.		123 kb
'Managing Dangerous People with Severe Personality Disorder: Proposals for Policy Development,' July 1999
	This document abstracts proposals set out by the British Government in the Home Office and Department of Health paper, 'Managing Dangerous People with Severe Personality Disorder: Proposals for Policy Development' (London, July 1999). 6 pages.		129 kb
	These slides also abstract the above proposals, but this time in powerpoint presentation form. 14 powerpoint slides.		129kb
'A greater evil,' The Guardian, 20 July 1999.
	The publication of this article in the Guardian newspaper coincided with the publication of the British Government's proposals for detaining in secure civilian accommodation persons said to have a 'dangerous severe personality disorder'. 1 page.		1.5 mb
Detaining Persons with Severe Personality Disorder, London School of Economics, September 2002.
	A conference presentation that addressed the 'dangerous severe personality disorder' proposals set out in the Government paper of July 1999, and subsequently in the Government's White Paper on mental health legislation. 43 powerpoint slides.		679 kb
Personality Disorder and Liberalism, Johns-Hopkins University Press, January 2004
	This article is due to be published in Philosophy, Psychiatry, and Psychology (PPP) early in 2004.	—	—
Television
	'Stone case could prompt law change', BBC, Thursday, 4 October, 2001.	Link	Link
	'A Measure of Evil', CTV, Canada. In production.	—	—



'A New Mental Health Commission?', Paper commissioned by the Department of Health, London, December 2001
	A paper on the future of the Mental Health Act Commission commissed by the Department of Health. Chapter 5 is the key chapter, because it summarises the evidence in the preceding chapters and analyses the case for change. This is the full report. 246 pages.	1.3 mb
	Chapter 5 only. 67 pages.	489 kb
From: Is Anyone Safe? Civil Compulsion under the Draft Mental Health Bill, 'Journal of Mental Health Law', December 2002
	For convenience, that part of the article which deals with the proposals for the Mental Health Act Commission and associated safeguards, as set out in the British Government's Draft Mental Health Bill and the accompanying consultation paper. 5 pages.	175 kb
From: 'White Paper: Reform of the Mental Health Act', Journal of Forensic Psychiatry, August 2001
	For convenience, that part of the article which deals with the proposals for the Mental Health Act Commission as set out in the British Government's White Paper. 2 pages.	102kb
Correspondence on the future of the Mental Health Act Commission
	Following-up the above article in The Journal of Forensic Psychiatry, a short piece that sets out in more detail how a new Mental Health Commission should be constituted, and what functions (powers and duties) it ought to be given by Parliament. 14 pages.	124 kb
The Commission's Future, Law Society/Royal College of Psychiatrists Conference on Mental Health Law Reform, London, 2002.
	A conference presentation on the future of the Mental Health Act Commission, and the British Government's proposals. 32 powerpoint slides.	989 kb



From: Is Anyone Safe? Civil Compulsion under the Draft Mental Health Bill, 'Journal of Mental Health Law', December 2002
	For convenience, that part of the article which deals with the concept of incapacity presented in the Law Commission Report on Incapacity, the Richardson Report, and the British Government's Green and White Papers. 2 pages.	71kb
'Who Decides?' Making Decisions on Behalf of Mentally Incapacitated Adults, Lord Chancellor's Department, December 1997
	A short, and now rather old, abstract of the Law Commission's key proposals concerning incapacity, as set out in ‘Who Decides?' 7 pages.	26kb