The BN Village - View Single Post - The New Mental Health law and you!!!![uk issue]

Kunjufu · (#1 (**permalink**))

The New Mental Health law and you!!!!

Amid the the news stories over recent days many I suspect many will have missed the fact that the 9 year wrangle over changes to the Mental Health Act, came to an end.. with cross European party agreement on significant changes to the Mental Health Act 1983….

The new Mental Health Act 2007, which has now received royal accent, will become law, so what are some of the key changes and what does it mean for AFRICANS in this country?

In all there are 14 significant changes that will have a fundamental effect of Africans who become unwell in this country….

1. Changes to the categories of mental illness; under the old act there were 4…mental illness, mental impairment, severe mental impairment and Psychopathetic disorder… Nw there is only one generic definition…. ‘any disorder of the mind or brain’..

So what does this mean for us [Africans] many complaint about misdiagnosis, well the good news [not] is that this will be reduced..the bad news is that under this broad definition, you could in theory and I suspect in practice make a case for practically anyone to be sectioned!!! If you’re stoned out of your mind on drugs, then that is a disorder of the mind, if you’re clinically depressed, you could be sectioned if you presented a risk of harm to self or others.. Hell you could sectioned if you become brain damaged after say a car crash…so for me this small change has massive implications…

2. in the old law, there was a requirement that a sections made, had to be underpinned with idea that the person could be treated or that treatment would alleviate their condition.. However under the new law, there is only an emphasis on ‘intent’ no requirement to prove or test that sectioning with ‘treat’ a patient…

Again for us [Africans] it provides a dangerous grey area, in conjunction with the abolition of the four criteria’s…there is now no safeguard of treatability.. therefore again in theory, if this is questioned a clinician only has to prove his/her ‘intent’ not that the treatment is likely to work or make better…hmmm

3. another key area is who can authorise your detention, remembering that you can potentially be locked up for up to 6 months and have that detention renewed on a 6 monthly basis… The new law now takes the power away from Psychiatrists to provide medical recommendations and now also gives it to Occupational therapists, Psychologists, Nurses and Social workers.

None of these four professions receives the SAME training, none of these professions share the same perspective.. therefore your freedom’s could be in the hands of a person who at most would have received a few months superficial training on mental health law and diagnosis of symptoms… Psychiatrists are in my experience an arrogant bunch..but at least they are trained to endth degree…would I really want to trust my life to a Social worker or a Nurse…**** no!!!

4. again the new Law does away with what called the ‘Approved Social Worker’ and introduces the title of the Approved Mental Health Practitioner… in effect it widen who can make an application to have you sectioned… again this can be Doctors, Nurses, OT’s and anyone who thinks they’re up to it..

Is this good..in my view no..the whole point of an ASW in the first place was to offset the medical bias of Psychiatrists, who are often seen as gods in the medical field, having medically trained people colluding with that will increase not decrease those who are detained..

5. The most controversial aspect of this new law is the introduction of the CTO’s..Community Treatment order…in effect this is akin to being sectioned to your house and being told how to live your life, with the treat of being locked up, if you don’t comply… So under the New law, if you are sectioned under this new order, you have to comply with the direction given to you.. ie where you live, what you do and to take your medication.. it is not unlike an ASBO… if you fail to comply..you will receive a visit and you will be taken by force if necessary to the local hospital…and either given your medication there or worse detained.

I don’t think I really need to outline the dangers of this order, or discuss how the watering down of who can practice in mental health will make us [Africans] more vulnerable.. because I think the initiative speaks for itself..

[more to come]