The Mental Health Act of 1983 has undergone changes several times since its inception, the most significant of which occurred in 2007 with the introduction of the 136 Mental Health Act. This update was made to improve the quality of care and treatment that those suffering from mental health issues receive, while also providing greater protection to the general public.
The 136 Mental Health Act is a powerful tool that allows the detention of individuals who are experiencing a mental health crisis and may pose a risk to themselves or others. This provision is used by police officers and other professionals who are authorized under Section 136 of the act to detain someone in a place of safety and assess their mental health.
The key provisions of the 136 Mental Health Act are as follows:
1. Police Powers – The act gives the police powers to detain someone who is suffering from a mental health crisis and may be a risk to themselves or others. The person can be held in a police station for up to 24 hours, during which time an assessment of their mental health will take place.
2. Place of Safety – The act states that the person detained must be taken to a place of safety to be assessed by a mental health professional. A place of safety can be a hospital, a social services unit or another location that is deemed suitable by the local authorities.
3. Timeframe – The act establishes that a mental health assessment must take place within 24 hours of the individual being detained. If the assessment concludes that the person does not suffer from a mental illness, they will be released without charge.
4. Treatment Options – The act provides for various treatment options, including medication, therapy, and counseling. Treatment must be deemed the least restrictive option and must be focused on the individual’s best interests.
The 136 Mental Health Act is not without its criticisms, however. Some people argue that it is too restrictive and allows for the detainment of individuals who do not actually pose a risk to themselves or others. Additionally, there have been concerns about the conditions in which people are held, with some police cells and social service units being deemed unsuitable for this purpose.
Overall, the 136 Mental Health Act is a significant step in the right direction for the care of those experiencing a mental health crisis. By providing a legal framework for their detainment and assessment, it ensures that they receive the treatment and support they need. However, it is essential to ensure that the act is used appropriately and fairly, with the individual’s best interests always at the forefront of any decision-making.
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