Nigel Turner's HyperGUIDE to
the Mental Health Act
Section 57
Treatment Which Requires Consent AND a Second Opinion
Some treatments can be given to people who are detained under
certain Sections, even if they do not consent to that treatment.
Such cases are dealt with in Section
58.
However, some treatments are deemed so potentially hazardous
that someone cannot automatically be given them even if they
do consent. The treatments which fall into this category
are:
- any surgical operation for destroying brain tissue or for
destroying the functioning of brain tissue [this category of
treatment is written into the Act itself]
- the surgical implantation of hormones for the purposes of
reducing the male sex drive [this is a category added by the
Secretary of State for Health - further categories could be
added, by being specified in the Code of
Practice].
In these cases, three people (one doctor and two others who
cannot be doctors) have to certify that the person concerned is
capable of understanding the nature, purpose and likely effects
of the treatment and has consented to it. These three people are
appointed by the Mental Health Act
Commission.
The appointed doctor must:
- consult two people who have been professionally involved in
the patient's medical treatment, one of whom must be a nurse and
the other can be neither a doctor nor a nurse
- then certify in writing that the treatment should be given,
having regard to it alleviating or preventing a deterioration of
the patient's condition.
Section 57 does not only apply to people detained under the
Mental Health Act; as a General Point,
it applies to virtually the whole population.
Overview page. Contents page. Introduction page.
Copyright © Nigel Turner 1996
This page last revised 21 April 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.