Nigel Turner's HyperGUIDE to
the Mental Health Act
Consent to Treatment
General Points
Scope of the Consent to Treatment Provisions
The Consent to Treatment Provisions are located at Part 4 of the
Act, Sections 56 to 64. There is a general statement at Section 56 that Part 4 applies to all detained
patients (including those on leave), except those detained under
the emergency provisions of Section 4, the
holding powers of Section 5, or the place
of safety arrangements of Section 37(4),
Section 135, or Section 136. Part 4 of the Act does not
apply to people subject to Guardianship or Supervised Discharge.
The safeguards with respect to especially hazardous treatments
dealt with in Section 57 only, apply to
the population as a whole, not just people detained under the
Act. However, there appears to be an error in the wording of the
Act, because people detained under the emergency, holding, and
place of safety provisions listed above are excluded from Part 4
of the Act as a whole. They therefore do not benefit
from the Section 57 safeguards. However, this lack of safeguard
was clearly unintentional and it is, in any case, inconceivable
that Section 57 type treatments would be given during the short
periods of these Sections.
Where a person has been deemed to have given their consent to
treatment under Section 57 or Section 58, the person can
withdraw that consent at any time. The treatment must then stop
and the appropriate procedures be followed, as though a new form
of treatment were being commenced. If, however, discontinuing
treatment being given under Section 57 or Section 58 would cause
"serious suffering" to the patient, Section
62 states that the treatment can be continued pending proper
compliance with Section 57 or Section 58,
Review of Treatment [Section 61]
Where a plan of treatment is being carried out under Section 57,
or under Section 58 without consent, the Responsible Medical
Officer has to provide a report to the Mental Health Act
Commission [MHAC] if the period of detention is renewed under Section 20. The MHAC may demand a report at
any other time if it wishes. The MHAC can cancel the certificate
under which treatment is being given.
In the case of people subject to Restriction
Orders a report on the treatment being given has to be
provided for the MHAC:
- six months after the restriction order or direction is made,
and
- at times when the RMO reports to the Home Office on the
person's current condition.
Overview page. Contents page. Introduction page.
Copyright © Nigel Turner 1996
This page last revised 28 March 1996
While every effort has been made to ensure the accuracy and
reliability of information in these pages, they are not intended
to be relied upon as an authoritative statement of the law. The
author cannot accept liability for errors or
omissions.