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How successfully does the Mental Health Act (1983) attempt to balance issues of risk with the need to protect civil liberties? Discuss with specific reference to the legislation.
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How successfully does the Mental Health Act (1983) attempt to balance issues of risk with the need to protect civil liberties? Discuss with specific reference to the legislation. This paper will look at the 1983 Mental Health Act; it will consider the compulsory detention of patients and the lawfulness of such detention under the European Human Rights Act, and look at recent proposals for compulsory treatment in the community. The 1983 Act is an old and long piece of legislation. It is in fact older than it appears, for all that happened in 1983 was that old legislation dating back to 1959 was helpfully consolidated. [Brayne. H & Carr. H 2003.] Provision for people with mental health problems are the responsibility of local health authorities and social service departments. Social service departments have their social work functions carried out by approved social workers that are specialists in mental health. Every social...
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