What is the Mental Health Tribunal for Scotland?

Introduction

The Mental Health Tribunal for Scotland is a tribunal of the Scottish Government to hear applications for, and appeals against, Compulsory Treatment Order, and appeals against Short Term Detention Certificates made under the Mental Health (Care and Treatment) (Scotland) Act 2003, and other matters in relation to that Act, for example, appeals against Compulsion and Restriction Orders.

Refer to Chronology of UK Mental Health Legislation and Mental Health Review Tribunal (England and Wales).

Background

The Mental Health Tribunal for Scotland was established on 05 October 2005, under the Mental Health (Care and Treatment) (Scotland) Act 2003.

Its headquarters are located in Hamilton, although it has staff who work throughout Scotland.

The Tribunal discharges its functions through panels of three members: a legal member (who acts as Convener), a medical member and a general member. The judicial arm of the Tribunal is supported in its functions by the staff of the Scottish Courts and Tribunals Service (SCTS).

The primary role of the Tribunal is to consider and determine applications for compulsory treatment orders (CTOs) under the 2003 Act and to operate in an appellate role to consider appeals against compulsory measures made under the 2003 Act. The Tribunal also plays a monitoring role by periodic review of compulsory measures.

You can find out more about the Tribunal here.

What is the Mental Health Review Tribunal (England and Wales)?

Introduction

In England, the First-tier Tribunal (Mental Health), more commonly known as the Mental Health Tribunal, is an independent quasi-judicial body established to safeguard the rights of persons subject to the Mental Health Act 1983. It provides for consideration of appeals against the medical detention or forced treatment of a person who was deemed to be suffering from a mental disorder that was associated with a risk to the health or safety of that person or others.

Prior to an overhaul of the tribunal system in 2008, its functions were carried out by the Mental Health Review Tribunal, which was a standalone body. In 2008 the Mental Health Review Tribunal was formally abolished as a standalone body and merged with the Health and Social Care Chamber of the newly established First-tier Tribunal (FTT). A new Upper Tribunal was also created, which hears appeals against decisions by the FTT. In Wales, the corresponding body is the Mental Health Review Tribunal for Wales.

Refer to Chronology of UK Mental Health Legislation and Mental Health Tribunal for Scotland.

Tribunal Hearings

Mental Health Tribunals are independent quasi-judicial bodies that operate under the provisions of the Mental Health Act 1983 and the Mental Health Review Tribunal Rules 1983. A Tribunal’s main purpose is to review the case of a patient detained under the Mental Health Act and to direct the discharge of any patient for whom the statutory criteria for discharge have been satisfied. In some cases, the Tribunal also has the discretion to discharge a patient who does not meet the statutory criteria. Such cases usually involve making a balanced judgement on a number of serious issues such as the freedom of the individual, the protection of the public and the best interests of the patient.

Tribunal Panel Members

The Lord Chancellor makes appointments to the panels of members for each region. In the case of medical and specialist members, the Secretary of State for Health (for cases in England) or the Secretary of State for Wales is also consulted. The Regional Chairperson’s appoint the members who are to sit at a particular hearing and there must be a legal member, a medical member and a specialist member appointed for each Tribunal hearing to form a legal quorum. In the event that one or two members are not present, the third member can technically open the tribunal and then immediately adjourn the hearing until another two members are able to attend. Any decisions formed by the tribunal are that of the tribunal, rather than the particular judicial member. There will be no dissenting judgement.

Role of the Legal Member (Legal Judge)

The legal member’s role is to preside (i.e. take the chair) at all tribunal hearings. They are known as the president and will sign all decisions, documents, recommendations and judgments as the president, on behalf of the whole tribunal. Their responsibilities also include making sure that the proceedings are conducted fairly, that the legal requirements of the Mental Health Act 1983 are properly observed within the rule of law and advise on any questions of law which may arise. They are also responsible, in consultation with other judges of the Tribunal, for drafting the reasons for the decision, and for signing the record of the decision. The legal members are required to have “such legal experience, as the Lord Chancellor considers suitable”. They are normally senior legal practitioners such as solicitors or barristers, but in ‘restricted patient panel’ (RPP) cases (also known as forensic cases) the level must be that of a Circuit Judge or higher. A small number of Recorders, who are also Queen’s Counsel might sit as RPP members.

Role of the Specialist Member (Specialist Judge)

The specialist member undertakes a check and balance role to the Tribunal under the Tribunal Rules. They will be a professional outside the legal and medical profession, but might hold legal or healthcare qualifications. Most specialist judges are senior or experienced practitioners or therapists with at least 5-7 years standing and will hold a range of experience within the mental health sector. Most specialist members are educated to postgraduate level in mental health, they may hold an advanced degree in psychology or forensics in RPP cases. The specialist judge will have extensive background knowledge of professional practice within the mental health field, health and/or social services. Members can be drawn from the NHS, voluntary organisations, adult social services or the private health sector. Specialist judges may also be mental health social workers, probation officers, approved mental health professionals, psychologists, mental health nurses and occupational therapists. They will be able to offer information to the other judges of the Tribunal on matters relating to health and social care matters and often healthcare legal matters in context (i.e. Codes of Practice, best practice etc.). Generally, specialist judges are appointed in office for a term of 5 years and this is reviewed every 5 years until the age of 70, which is the statutory retirement age for all judges.

Role of the Medical Member (Medical Judge)

The medical member has a dual role to perform. They are required by the Tribunal Rules to carry out an examination of the patient before the hearing and to take any steps that they consider necessary to form an opinion of the patient’s mental condition. In England, the pre-medical examination is not a requirement to hear a case. At the hearing they, together with the other judges, have the judicial responsibility of deciding whether or not the patient should continue to be detained or remain on a community treatment order. If the medical member’s opinion of the patient differs significantly from other medical witnesses then this should be made known at the beginning of the hearing. This is because it would be unfair and contrary to a basic principle of natural justice if the Tribunal members were to take notice of information that had not been shared with all the other parties at the hearing. The medical member is invariably a consultant psychiatrist of several years’ standing. He or she will be able to advise the other members of the Tribunal on any medical matters. Medical members are generally senior doctors, with at least 7 years experience and are often drawn in from Consultant level. Generally, medical judges are appointed in office for a term of 5 years and this is reviewed every 5 years until the age of 70, which is the statutory retirement age for all judges.

Course of the Tribunal

Tribunals normally sit in private and take place in the hospital or community unit where the patient is detained. Physical location aside, the tribunals resemble court hearings, during which appropriate witnesses are invited to speak in turn. These include the detained person, their solicitor, the member of the multi-disciplinary team responsible for the detained person’s care in hospital, known as the Responsible Clinician (RC, usually a consultant psychiatrist), a representative of the nursing staff at the hospital and the Approved Mental Health Professional (AMHP). Additionally, the RC and AMHP (or more frequently the patient’s care coordinator) are required to submit written reports on the person’s state of health to the Tribunal in advance of the hearing. Sometimes the primary inpatient nurse for the patient may also submit a written report.

How the Decision is Made

Each member of the Tribunal is entitled to an equal voice on questions of law, procedure and substance. All the members participate in the making of decisions and, although the legal member is expected to draft and sign the written record, this is done only after taking into account the contributions of the other members. If the members do not all agree then a decision of the majority of members of the Tribunal is taken as the decision of the Tribunal.

The Tribunal will consider the case and the patient as presented on the day. The Tribunal cannot question the circumstances that gave rise to the detention. The Tribunal decides whether or not to end the patient’s detention in hospital. The Tribunal has the power to order a deferred discharge which may be conditional (for example that an aftercare package is put in place).

Decisions of the Tribunal can be appealed to the Administrative Appeals Chamber of the Upper Tribunal, or to the High Court, by way of Judicial Review.

Organisation and Oversight

The Bodies

Technically the Mental Health Review Tribunal consists of two distinct bodies, within a single non-departmental public body.

  • The first body is the Judicial Tribunal itself with the responsibility for hearing applications or references concerning people detained under the Mental Health Act 1983.
    • The Tribunal members are appointed by the Ministry of Justice.
    • There is a Liaison Judge appointed to the Tribunal to lead its development.
  • The second body is the Mental Health Review Tribunal Secretariat.
    • This is staffed by members of the Department of Health, and has responsibility for the administration of the Tribunals.

Regional Chairperson

There is a Regional Chairperson appointed for each of the two Tribunal regions (the North Region and the South Region), based in London and Manchester. Regional Chairperson’s responsibilities include appointing members to particular hearings, ensuring that all the statutory requirements are complied with, making judicial decisions and giving such directions as are necessary to ensure the speedy and just determination of every case. Regional Chairperson’s are also responsible for organising training for members, for overseeing the members’ appraisal and mentoring scheme and for handling complaints about a member’s conduct.

Organisation of the Tribunal

The Secretary of State for Health is responsible for meeting the expenses of Tribunals in England and for providing accommodation and staff. Administration is carried out at the Secretariat offices in Leicester. The Welsh Assembly has similar responsibilities for Tribunals in Wales and administration is carried out at the Secretariat office in Cardiff. All the Secretariat staff are civil servants and are completely independent of the hospital authorities. The Regional Chairperson and the Secretariat work closely together to make sure that the whole Tribunal process is closely managed. The role of the Home Office is confined to cases involving ‘restricted patients’.

Tribunals operate independently of all Government Departments.

Fairness of Decisions

A study in 2017 by Jewell and Colleagues, looked at the correlation between a number of predictors and the outcome of the MHRT decisions: The study commented that their “findings imply that decisions at MHRT are not biased in terms of age, sex, ethnicity, mental health diagnosis, or even index offence”, rather its findings “suggest that by reducing levels of agitated behaviour, verbal aggression and physical violence on the ward, working towards being granted unescorted community leave, and specifically targeting items on the HCR-20 risk assessment” patients can increase their chance of discharge.

Reference

Jewell, A., Dean, K., Fahy, T. & Cullen, A.E. (2017) Predictors of Mental Health Review Tribunal (MHRT) outcome in a forensic inpatient population: a prospective cohort study. BMC Psychiatry. Springer Science and Business Media LLC. 17(1). doi:10.1186/s12888-016-1188-8.

Chronology of UK Mental Health Legislation

INTRODUCTION

The below Tables provide a chronological overview of mental health legislation within the United Kingdom.

It outlines legislation that has an impact (directly and/or indirectly) on mental health topics etc.

I like to be thorough, so if there is anything we have missed please let us know.

Look here for a general overview of Mental Health Law.

Legislation Type

  • UK Statutory Instruments (251).
  • Scottish Statutory Instruments (88).
  • Northern Ireland Statutory Rules (45).
  • Northern Ireland Statutory Rules and Orders (37).
  • Wales Statutory Instruments (21).
  • UK Public General Acts (15).
  • Acts of the Scottish Parliament (3).
  • Northern Ireland Orders in Council (2).
  • Acts of the Northern Ireland Assembly (1).
  • Measures of the National Assembly for Wales (1).

Notes

  • The above only include legislation between 1932 and present.
  • Correct as at: 09 May 2021.
  • You can find specific details of legislation @ https://www.legislation.gov.uk/.

Public Bodies

Public BodyLegislationRemarks
Commissioners in Lunacy for IrelandLunacy (Ireland) Act 18211. Established to oversee asylums and the welfare of mentally ill people in Ireland.
Commissioners in LunacyLunacy Act 18451. Established to oversee asylums and the welfare of mentally ill people in England and Wales.
2. It succeeded the Metropolitan Commissioners in Lunacy.
Commissioners in Lunacy for ScotlandLunacy (Scotland) Act 18571. Established to oversee asylums and the welfare of mentally ill people in Scotland.
Board of Control for Lunacy and Mental DeficiencyMental Deficiency Act 19131. Replaced the Commissioners in Lunacy.
General Board of Control for ScotlandMental Deficiency and Lunacy (Scotland) Act 19131. Replaced the Commissioners in Lunacy for Scotland.
Mental Health Review Tribunal (England and Wales)Mental Health Act 1983 & Mental Health Review Tribunal Rules 19831. Mental Health Review Tribunal for Wales.
Mental Health Tribunal for ScotlandMental Health (Care and Treatment) (Scotland) Act 2003
Mental Welfare Commission for ScotlandMental Health (Care and Treatment) (Scotland) Act 20031. Originally established by the Mental Health (Scotland) Act 1960.
2. A non-departmental public body (NDPB).

Other

OtherLegislationRemarks
Diminished Responsibility (in English Law)M’Naghten Rules1. Refer also to Insanity Defence.
Fixated Threat Assessment Centre (FTAC)N/A1. FTAC was set up in 2006, and is jointly managed by the Home Office, the Department of Health and Metropolitan Police Service.
Percy Commission (1957)1. Refer to Mental Health Act 1959.

CHRONOLOGY OF LEGISLATION

1700s

Legislation
(Title)
Legislation TypeRemarks
Madhouses Act 1774UK Public General Acts1. Established a group of five commissioners from the Royal College of Physicians that dealt with licenses for premises to hold mentally ill people (Justices of the peace dealt with the rest of England and Wales).
2. The Act also made it a requirement that any person detained in one of the madhouses, must have a signed certificate from a doctor, confirming their mental illness.
3. There were amendments in 1828 and 1832.
4 It remained in force until repealed by the Madhouses Act 1828.
Madhouse Continuation Act 1779UK Public General Acts1. The Madhouses Act 1774 was continued for a further seven years by the Madhouse Continuation Act 1779 (19 Geo. 3 c.15).
Law Perpetuation Act 1786UK Public General Acts1. The Madhouses Act 1774 was then continued indefinitely by the Madhouse Law Perpetuation Act 1786 (26 Geo. 3 c.91).

1800s

Legislation
(Title)
Legislation TypeRemarks
Criminal Lunatics Act 1800UK Public General Acts1. Passed with retrospective effect following the acquittal of James Hadfield, mandated detention at the regent’s pleasure (indefinitely) even for those who, although insane at the time of the offence, were now sane.
2. Repealed by the Statute Law (Repeals) Act 1981.
3. Section 1 was repealed for England and Ireland, by section 4 of the Trial of Lunatics Act 1883 (46 & 47 Vict c 38); and for Scotland by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1948.
County Asylums Act 1808 UK Public General Acts 1. Also known as Mr. Wynn’s Act, after Charles Watkin Williams-Wynn, a Welsh member of parliament for Montgomeryshire, who promoted the act.
Marriage of Lunatics Act 1811UK Public General Acts1. Repealed by the Assisted Decision-Making (Capacity) Act 2015.
Madhouses (Scotland) Act 1815UK Public General Acts
Criminal Lunatics Amendment Act 1815UK Public General Acts
Irish Lunatic Asylums for the Poor Act 1817UK Public General Acts
Pauper Lunatics Act 1819UK Public General Acts
Lunacy (Ireland) Act 1821UK Public General Acts1. Refer to Lunacy Regulation (Ireland) Act 1871.
2. Aspects of this legislation remained in force until repealed by the Assisted Decision Making (Capacity) Act 2015.
County Asylums Act 1828UK Public General Acts1. Addressed concerns with the administration of asylums and the slow creation of county asylums within Britain.
Madhouses Act 1828UK Public General Acts1. Repealed the Madhouses Act 1774.
Chancery Lunatics Property Act 1828UK Public General Acts
Madhouses Act 1832UK Public General Acts
Criminal Lunatics (Ireland) Act 1838UK Public General Acts
Trial of Lunatics Act 18831. Repealed Section 1 of the Criminal Lunatics Act 1800 (for England and Ireland via Section 4).
County Asylums Act 1845UK Public General Acts1. Amended by the County Asylums Act 1853.
2. Repealed by the Lunacy Act 1890.
Lunacy Act 1845UK Public General Acts1. The Lunacy Act 1845 and the County Asylums Act 1845 were the next forward motions in ‘caring’ for people with mental health.
2. These acts ensured that there was an asylum for each county to deal with mentally ill people and it gave them the power to detain people that were not of “sound mind”.
3. The Lunacy Commission (see Public Bodies Table above) was created to oversee the asylums and ultimately check they were running appropriately.
4. Repealed by the Lunacy Act 1890.
County Asylums Act 18531. Also known as Lunatic Asylums Act 1853.
2. Amended the County Asylums Act 1845.
3. Repealed the Lunacy Act 1845.
4. Repealed by the Lunacy Act 1890.
Lunacy (Scotland) Act 1857UK Public General Acts
Lunacy Regulation (Ireland) Act 1871UK Public General Acts
Idiots Act 1886UK Public General Acts1. Repealed by the Mental Deficiency Act 1913.
Lunacy (Vacating of Seats) Act 1886UK Public General Acts1. Repealed by the Mental Health Act 1959.
2. The section was subsequently repealed by the Mental Health (Discrimination) Act 2013.
Lunacy Act 1890UK Public General Acts1. The Lunacy Act 1845 and the County Asylums Act 1845 were later repealed by the Lunacy Act 1890 which made small changes, and the Lunacy Commission were handed more powers and renamed the “Board of Control” in the Mental Deficiency Act 1913.
2. The Board of Control would later be altered in the Mental Health Act 1930 and the National Health Service Act 1946.

1900 to 1947

Legislation
(Title)
Legislation TypeRemarks
Mental Deficiency Act 1913UK Public General Acts1. Repealed by the Mental Health Act 1959.
Mental Deficiency and Lunacy (Scotland) Act 1913UK Public General Acts
Mental Treatment Act 1930UK Public General Acts1. Repealed by the Mental Health Act 1959.
The Mental Treatment Regulations (Northern Ireland) 1932Northern Ireland Statutory Rules and Orders
The Mental Treatment (Registration of Institutions and Houses) Fees Regulations (Northern Ireland) 1932Northern Ireland Statutory Rules and Orders
The Mental Treatment Regulations (Northern Ireland) 1934Northern Ireland Statutory Rules and Orders

1948

Legislation TitleLegislation TypeRemarks
The Mental Health (Transfer of Functions) Order (Northern Ireland) 1948Northern Ireland Statutory Rules and Orders
The Mental Health (Appointed Day) Order (Northern Ireland) 1948Northern Ireland Statutory Rules and Orders
The Mental Health (Appointed Day) (No. 2) Order (Northern Ireland) 1948Northern Ireland Statutory Rules and Orders
The Mental Health (Transfer of Functions) (No. 2) Order (Northern Ireland) 1948Northern Ireland Statutory Rules and Orders
The Mental Health (Appointed Day) (No. 3) Order (Northern Ireland) 1948Northern Ireland Statutory Rules and Orders
The Mental Health (No. 1) Regulations (Northern Ireland) 1948Northern Ireland Statutory Rules and Orders
The Mental Health (No. 2) Regulations (Northern Ireland) 1948Northern Ireland Statutory Rules and Orders

1949

Legislation TitleLegislation TypeRemarks
The Mental Health Services Capital Fund Regulations (Northern Ireland) 1949Northern Ireland Statutory Rules and Orders
The Mental Health (Institutions) Order (Northern Ireland) 1949Northern Ireland Statutory Rules and Orders
The Mental Health (No. 5) Regulations (Northern Ireland) 1949Northern Ireland Statutory Rules and Orders

1950

Legislation TitleLegislation TypeRemarks
The Mental Health (Qualifications of Medical Officers and Medical Practitioners) Regulations (Northern Ireland) 1950Northern Ireland Statutory Rules and Orders
The Mental Health (Institutions) Order (Northern Ireland) 1950Northern Ireland Statutory Rules and Orders
The Mental Health (Fees for Medical Certificates) Regulations (Northern Ireland) 1950Northern Ireland Statutory Rules and Orders

1951

Legislation TitleLegislation TypeRemarks
The Mental Health (Charge for Mid-day Meal at Instruction and Occupation Centres) Regulations (Northern Ireland) 1951Northern Ireland Statutory Rules and Orders

1954

Legislation TitleLegislation TypeRemarks
The Mental Health (Qualifications of Medical Officers and Medical Practitioners) (Amendment) Regulations (Northern Ireland) 1954Northern Ireland Statutory Rules and Orders

1957

Legislation TitleLegislation TypeRemarks
The Mental Health (Institutions) Order (Northern Ireland) 1957Northern Ireland Statutory Rules and Orders

1958

Legislation TitleLegislation TypeRemarks
The Mental Health (Institutions) Order (Northern Ireland) 1958Northern Ireland Statutory Rules and Orders

1959

Legislation TitleLegislation TypeRemarks
Mental Health Act 1959UK Public General Acts1. The Mental Health Act 1959 was the first parliamentary Act on mental health that started treating the subject more seriously.
2. This was the first legal move to treat mental health issues similarly to physical illness (or as close as possible).
3. It also removed promiscuity or other immoral conduct as grounds for detention.
4. However, although this act was a great first step, there were, unfortunately, grey areas that needed clarifying.
5. There was confusion whether a legal detaining order for a person gave the hospital power to treat them against their will.
6. Moving into the 1970’s, it was becoming more obvious that a specific legal framework was required regarding medical treatments for mental health, such as psychiatric medication, electro convulsion therapy, and psychotherapy.
7. Repealed the Lunacy and Mental Treatment Acts 1890 to 1930 and the Mental Deficiency Acts 1913 to 1938.
8. Repealed by the Mental Health Act 1983.

1960

Legislation TitleLegislation TypeRemarks
The Mental Health Review Tribunal Rules, 1960UK Statutory Instruments
Mental Health (Scotland) Act 1960UK Public General Acts1. Established the Mental Welfare Commission for Scotland.

1961

Legislation TitleLegislation TypeRemarks
The Mental Health Act (Northern Ireland) 1961 (Commencement) Order (Northern Ireland) 1961Northern Ireland Statutory Rules and Orders

1962

Legislation TitleLegislation TypeRemarks
The Mental Health (Special Care Scheme Approval) Order (Northern Ireland) 1962Northern Ireland Statutory Rules and Orders
The Mental Health Act 1961 (Commencement No. 2) Order (Northern Ireland) 1962Northern Ireland Statutory Rules and Orders
The Mental Health (Formal Procedures) Regulations (Northern Ireland) 1962Northern Ireland Statutory Rules and Orders
The Mental Health (Payment of Fees) Regulations (Northern Ireland) 1962Northern Ireland Statutory Rules and Orders
The Mental Health Review Tribunal Rules (Northern Ireland) 1962Northern Ireland Statutory Rules and Orders
The Mental Health (Formal Procedures) (Amendment) Regulations (Northern Ireland) 1962Northern Ireland Statutory Rules and Orders

1963

Legislation TitleLegislation TypeRemarks
The Mental Health Act 1961 (Commencement) Order (Northern Ireland) 1963 Northern Ireland Statutory Rules and Orders
The Mental Patients’ Affairs (Amendment) Order (Northern Ireland) 1963Northern Ireland Statutory Rules and Orders

1964

Legislation TitleLegislation TypeRemarks
Criminal Procedure (Insanity) Act 1964 UK Public General Acts1. Refer to Trial of Lunatics Act 1883.

1965

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1965Northern Ireland Statutory Rules and Orders

1967

Legislation TitleLegislation TypeRemarks
The Mental Health (Abolition of Charge for Mid-day Meal at Instruction and Occupation Centres) Regulations (Northern Ireland) 1967Northern Ireland Statutory Rules and Orders

1970

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1970Northern Ireland Statutory Rules and Orders
The Mental Health (Payment of Fees) Regulations (Northern Ireland) 1970Northern Ireland Statutory Rules and Orders

1971

Legislation TitleLegislation TypeRemarks
The Mental Patients’ Affairs (Amendment) Order (Northern Ireland) 1971Northern Ireland Statutory Rules and Orders
The Mental Health (Hospital and Guardianship) (Welsh Forms) Regulations 1971UK Statutory Instruments
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1971Northern Ireland Statutory Rules and Orders

1973

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1973Northern Ireland Statutory Rules and Orders
The Mental Health (Payment of Fees) Regulations (Northern Ireland) 1973Northern Ireland Statutory Rules and Orders

1974

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1974Northern Ireland Statutory Rules

1975

Legislation TitleLegislation TypeRemarks
The Mental Health (Guardianship) (Scotland) Amendment Regulations 1975UK Statutory Instruments
The Mental Health (Amendment) Act 1975 (Commencement) Order 1975UK Statutory Instruments
The Mental Health (Hospital and Guardianship) Amendment Regulations 1975UK Statutory Instruments

1976

Legislation TitleLegislation TypeRemarks
The Mental Health Review Tribunal (Amendment) Rules 1976Northern Ireland Statutory Rules

1978

Legislation TitleLegislation TypeRemarks
The County Court (Mental Health Act) Rules (Northern Ireland) 1978Northern Ireland Statutory Rules

1979

Legislation TitleLegislation TypeRemarks
The County Court (Mental Health Act) (Amendment) Rules (Northern Ireland) 1979Northern Ireland Statutory Rules
The Mental Health (Constitution of State Hospital Management Committee) (Scotland) Amendment Order 1979UK Statutory Instruments

1981

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1981Northern Ireland Statutory Rules
The Mental Health (Payment of Fees) (Amendment No. 2) Regulations (Northern Ireland) 1981Northern Ireland Statutory Rules
The Nursing Homes and Mental Nursing Homes Regulations 1981UK Statutory Instruments

1982

Legislation TitleLegislation TypeRemarks
Mental Health (Amendment) Act 1982UK Public General Acts

1983

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1983Northern Ireland Statutory Rules
The Mental Health (Amendment) Act 1982 (Commencement No. 1) Order 1983UK Statutory Instruments
The Mental Health (Nurses) Order 1983UK Statutory Instruments
The Mental Health Act Commission (Establishment and Constitution) Order 1983UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983UK Statutory Instruments
The Mental Health Act Commission Regulations 1983UK Statutory Instruments
The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1983UK Statutory Instruments
The Mental Health Review Tribunal Rules 1983UK Statutory Instruments
The Health Service Commissioner for England (Mental Health Act Commission) Order 1983UK Statutory Instruments
The Mental Health (Amendment) (Scotland) Act 1983 (Commencement No. 1) Order 1983UK Statutory Instruments
The Nurses, Midwives and Health Visitors (Mental Health Committee of the Welsh National Board) Order 1983UK Statutory Instruments
The Mental Health (Amendment) (Scotland) Act 1983 (Commencement No. 2) Order 1983UK Statutory Instruments
Mental Health Act 1983UK Public General Acts1. This Act was brought in to try and tackle these legal requirements (noted in the Mental Health Act 1959 Table).
2. It implements controls on treatments for mental disorders, specifically including mood altering drugs, electro convulsion therapy, and surgery, making it clearer what treatment a hospital could give to a detained patient.
3. It also introduced social workers, who were specially trained in mental health care and also demanded the aftercare (by local health services) of mental health patients who were released from detainment.
4. Mental Health Act 1983 Code of Practice (1983, revised in 1999).
5. Amended many times, notably in:
a. 1995;
b. 2001 (via remedial order, issued on the grounds of incompatibility with the European Convention of Human Rights under the Human Rights Act 1998 section 4);
c. 2007 (Mental Health 2007 Act); and
d. 2017 via the Policing and Crime Act 2017.

1984

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1984Northern Ireland Statutory Rules
The Mental Health (Prescription of Class of Nurse) (Scotland) Order 1984UK Statutory Instruments
The Mental Health Act 1983 Commencement Order 1984UK Statutory Instruments
The Mental Health (Specified Treatments, Guardianship Duties etc.) (Scotland) Regulations 1984UK Statutory Instruments
The Mental Health (Prescribed Forms) (Scotland) Regulations 1984UK Statutory Instruments
The Nursing Homes and Mental Nursing Homes Regulations 1984UK Statutory Instruments
Mental Health (Scotland) Act 1984UK Public General Acts1. Amended by the Mental Health (Public Safety and Appeals) (Scotland) Act 1999.
2. Largely replaced by the Mental Health (Care and Treatment) (Scotland) Act 2003.

1985

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1985Northern Ireland Statutory Rules
The Isles of Scilly (Mental Health) Order 1985UK Statutory Instruments

1986

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1986Northern Ireland Statutory Rules
The Mental Health (1986 Order) (Commencement No. 1) Order (Northern Ireland) 1986Northern Ireland Statutory Rules
The Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) Regulations (Northern Ireland) 1986Northern Ireland Statutory Rules
The Mental Health Review Tribunal (Northern Ireland) Rules (Northern Ireland) 1986Northern Ireland Statutory Rules
The Mental Health (1986 Order) (Commencement No. 2) Order (Northern Ireland) 1986Northern Ireland Statutory Rules
The Mental Health (Scotland) Act 1984 (Appointed Day) Order 1986UK Statutory Instruments
The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1986UK Statutory Instruments
Act of Sederunt (Mental Health (Scotland) Act 1984) 1986UK Statutory Instruments
The Mental Health (Northern Ireland) Order 1986Northern Ireland Orders in Council1. Amended by the Mental Health (Amendment) (Northern Ireland) Order 2004.
2. Will be repealed, for anyone over 16, by the Mental Capacity Act (NI) 2016.
The Mental Health (Northern Ireland Consequential Amendments) Order 1986UK Statutory Instruments

1988

Legislation TitleLegislation TypeRemarks
The Mental Health (1986 Order) (Commencement No. 3) Order (Northern Ireland) 1988Northern Ireland Statutory Rules
The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1988UK Statutory Instruments

1990

Legislation TitleLegislation TypeRemarks
The Mental Health (1986 Order) (Commencement No. 4) Order (Northern Ireland) 1990Northern Ireland Statutory Rules
The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1990UK Statutory Instruments
The Cornwall and Isles of Scilly Mental Handicap National Health Service Trust (Establishment) Order 1990UK Statutory Instruments
The Mental Health Foundation of Mid Staffordshire National Health Service Trust (Establishment) Order 1990UK Statutory Instruments
The Newcastle Mental Health National Health Service Trust (Establishment) Order 1990UK Statutory Instruments
The West Dorset Mental Health National Health Service Trust (Establishment) Order 1990UK Statutory Instruments

1991

Legislation TitleLegislation TypeRemarks
The Bath Mental Health Care National Health Service Trust (Establishment) Order 1991UK Statutory Instruments
The North East Essex Mental Health National Health Service Trust (Establishment) Order 1991UK Statutory Instruments
The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1991UK Statutory Instruments
Mental Health (Detention) (Scotland) Act 1991UK Public General Acts1. Repealed.

1992

Legislation TitleLegislation TypeRemarks
The Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) (Amendment) Regulations (Northern Ireland) 1992Northern Ireland Statutory Rules
The Mental Health (Detention) (Scotland) Act 1991 (Commencement) Order 1992UK Statutory Instruments
The West Dorset Mental Health National Health Service Trust (Transfer of Trust Property) Order 1992UK Statutory Instruments
The Mental Health Foundation of Mid Staffordshire National Health Service Trust (Transfer of Trust Property) Order 1992UK Statutory Instruments
The Southern Derbyshire Mental Health National Health Service Trust (Establishment) Order 1992UK Statutory Instruments
The South Lincolnshire Community and Mental Health Services National Health Service Trust (Establishment) Order 1992UK Statutory Instruments
The Leeds Community and Mental Health Services Teaching National Health Service Trust (Establishment) Order 1992UK Statutory Instruments
The Hounslow and Spelthorne Community and Mental Health National Health Service Trust (Establishment) Order 1992UK Statutory Instruments
The Riverside Mental Health National Health Service Trust (Establishment) Order 1992UK Statutory Instruments
The Northumberland Mental Health National Health Service Trust (Establishment) Order 1992UK Statutory Instruments
The South Cumbria Community and Mental Health National Health Service Trust (Establishment) Order 1992UK Statutory Instruments
The South West Durham Mental Health National Health Service Trust (Establishment) Order 1992UK Statutory Instruments
The South Tees Community and Mental Health National Health Service Trust (Establishment) Order 1992UK Statutory Instruments
The Shropshire’s Mental Health National Health Service Trust (Establishment) Order 1992UK Statutory Instruments

1993

Legislation TitleLegislation TypeRemarks
The North West London Mental Health National Health Service Trust (Establishment) Order 1993UK Statutory Instruments
The Mental Health (HSS Trusts – Consequential Amendment) Regulations (Northern Ireland) 1993Northern Ireland Statutory Rules
The Shropshire’s Mental Health National Health Service Trust (Establishment) Amendment Order 1993UK Statutory Instruments
The Cornwall and Isles of Scilly Mental Handicap National Health Service Trust (Change of Name) Order 1993UK Statutory Instruments
The Mental Health Foundation of Mid Staffordshire National Health Service Trust (Change of Name) Order 1993UK Statutory Instruments
The Mental Health (Nurses) Amendment Order 1993UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1993UK Statutory Instruments
The Bath Mental Health Care National Health Service Trust (Transfer of Trust Property) Order 1993UK Statutory Instruments
The Leicestershire Mental Health Service National Health Service Trust (Establishment) Order 1993UK Statutory Instruments
The Oxfordshire Mental Healthcare National Health Service Trust (Establishment) Order 1993UK Statutory Instruments
The South Warwickshire Mental Health National Health Service Trust (Establishment) Order 1993UK Statutory Instruments
The Mental Health Services of Salford National Health Service Trust (Establishment) Order 1993UK Statutory Instruments
The South East London Mental Health National Health Service Trust (Establishment) Order 1993UK Statutory Instruments
The Norfolk Mental Health Care National Health Service Trust (Establishment) Order 1993UK Statutory Instruments
The Mid Essex Community and Mental Health National Health Service Trust (Establishment) Order 1993UK Statutory Instruments
The Glasgow Community and Mental Health Services National Health Service Trust (Establishment) Order 1993UK Statutory Instruments

1994

Legislation TitleLegislation TypeRemarks
The Glasgow Community and Mental Health Services National Health Service Trust (Change of Name) (Establishment) Amendment Order 1994UK Statutory Instruments
The South Birmingham Mental Health National Health Service Trust (Establishment) Order 1994UK Statutory Instruments
The Northern Birmingham Mental Health National Health Service Trust (Establishment) Order 1994UK Statutory Instruments
The East Surrey Learning Disability and Mental Health Service National Health Service Trust (Establishment) Order 1994UK Statutory Instruments
The Heathlands Mental Health National Health Service Trust (Establishment) Order 1994UK Statutory Instruments
The Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) (Amendment) Regulations (Northern Ireland) 1994Northern Ireland Statutory Rules
The North West London Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The South Tees Community and Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The West Dorset Mental Health National Health Service Trust Dissolution Order 1994UK Statutory Instruments
The South East London Mental Health National Health Service Trust (Change of Name and Miscellaneous Amendments) Order 1994UK Statutory Instruments
The Newcastle Mental Health National Health Service Trust Dissolution Order 1994UK Statutory Instruments
The North East Essex Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The Southern Derbyshire Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The Leeds Community and Mental Health Services Teaching National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The Shropshire’s Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The Mental Health (Class of Nurse) (Scotland) Order 1994UK Statutory Instruments
The South West Durham Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The South Lincolnshire Community and Mental Health Services National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The Bournewood Community and Mental Health National Health Service Trust (Establishment) Order 1994UK Statutory Instruments
The Black Country Mental Health National Health Service Trust (Establishment) Order 1994UK Statutory Instruments
Mental Health (Amendment) Act 1994UK Public General Acts1. Repealed.

1995

Legislation TitleLegislation TypeRemarks
The Hounslow and Spelthorne Community and Mental Health National Health Service Trust (Transfer of Trust Property) Order 1995UK Statutory Instruments
The East Surrey Learning Disability and Mental Health Service National Health Service Trust (Transfer of Trust Property) Order 1995UK Statutory Instruments
The Mental Health (State Hospital Management Committee, State Hospital, Carstairs) (Scotland) Transfer and Dissolution Order 1995UK Statutory Instruments
The Mid Essex Community and Mental Health National Health Service Trust (Transfer of Trust Property) Order 1995UK Statutory Instruments
The Norfolk Mental Health Care National Health Service Trust (Transfer of Trust Property) Order 1995UK Statutory Instruments
The Leicestershire Mental Health Service National Health Service Trust (Transfer of Trust Property) Order 1995UK Statutory Instruments
The South Cumbria Community and Mental Health National Health Service Trust (Transfer of Trust Property) Order 1995UK Statutory Instruments
The Northern Birmingham Mental Health National Health Service Trust (Transfer of Trust Property) Order 1995UK Statutory Instruments
The South Warwickshire Mental Health National Health Service Trust (Transfer of Trust Property) Order 1995UK Statutory Instruments
The East Surrey Learning Disability and Mental Health Service National Health Service Trust (Change of Name) Order 1995UK Statutory Instruments
The Mental Health Services of Salford National Health Service Trust (Transfer of Trust Property) Order 1995UK Statutory Instruments
The Mental Health Act Commission (Amendment) Regulations 1995UK Statutory Instruments
Mental Health (Patients in the Community) Act 1995UK Public General Acts

1996

Legislation TitleLegislation TypeRemarks
The Mental Health (After-care under Supervision) Regulations 1996UK Statutory Instruments
The Mental Health (Patients in the Community) (Transfers from Scotland) Regulations 1996UK Statutory Instruments
The Mental Health Review Tribunal (Amendment) Rules 1996UK Statutory Instruments
The Mental Health Review Tribunals (Regions) Order 1996UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Consent to Treatment) (Amendment) Regulations 1996UK Statutory Instruments
The Mental Health (Patients in the Community) (Transfer from England and Wales to Scotland) Regulations 1996UK Statutory Instruments
The Mental Health (Prescribed Forms) (Scotland) Regulations 1996UK Statutory Instruments
The South West Durham Mental Health National Health Service Trust Dissolution Order 1996UK Statutory Instruments
The Heathlands Mental Health National Health Service Trust (Transfer of Trust Property) Order 1996UK Statutory Instruments
The Oxfordshire Mental Healthcare National Health Service Trust (Transfer of Trust Property) Order 1996UK Statutory Instruments
Act of Sederunt (Mental Health Rules) 1996UK Statutory Instruments
The Leeds Community and Mental Health Services Teaching National Health Service Trust (Transfer of Trust Property) Order 1996UK Statutory Instruments
The Mid Essex Community and Mental Health National Health Service Trust (Establishment) Amendment Order 1996UK Statutory Instruments

1997

Legislation TitleLegislation TypeRemarks
The Black Country Mental Health National Health Service Trust (Transfer of Trust Property) Order 1997UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1997UK Statutory Instruments
The South Lincolnshire Community and Mental Health Services National Health Service Trust (Establishment) Amendment Order 1997UK Statutory Instruments

1998

Legislation TitleLegislation TypeRemarks
The Leeds Community and Mental Health Services Teaching National Health Service Trust (Establishment) Amendment Order 1998UK Statutory Instruments
The Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) (Amendment) Regulations (Northern Ireland) 1998Northern Ireland Statutory Rules
The Shropshire’s Community and Mental Health Services National Health Service Trust (Establishment) Order 1998UK Statutory Instruments
The Dissolution of the North Downs Community Health National Health Service Trust and the Heathlands Mental Health National Health Service Trust Order 1998UK Statutory Instruments
The Dissolution of the South Warwickshire Health Care National Health Service Trust and the South Warwickshire Mental Health National Health Service Trust Order 1998UK Statutory Instruments
The Shropshire’s Mental Health National Health Service Trust (Dissolution) Order 1998UK Statutory Instruments
The South Cumbria Community and Mental Health National Health Service Trust (Dissolution) Order 1998UK Statutory Instruments
The Lewisham and Guy’s Mental Health National Health Service Trust (Transfers of Trust Property) Order 1998UK Statutory Instruments
The Residential Care Homes and the Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1998UK Statutory Instruments
The Black Country Mental Health National Health Service Trust (Establishment) Amendment Order 1998UK Statutory Instruments
The Mental Health Review Tribunal (Amendment) Rules 1998UK Statutory Instruments
The Oxfordshire Mental Healthcare National Health Service Trust (Establishment) Amendment Order 1998UK Statutory Instruments
The Mental Health Review Tribunals (Regions) Order 1998UK Statutory Instruments
The Leeds Community and Mental Health Services Teaching National Health Service Trust (Establishment) Amendment (No. 2) Order 1998UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1998UK Statutory Instruments
The Mental Health (Nurses) Order 1998UK Statutory Instruments
The Riverside Mental Health, the North West London Mental Health and the West London Healthcare National Health Service Trusts (Dissolution) Order 1998UK Statutory Instruments
The Ealing, Hammersmith and Fulham Mental Health National Health Service Trust (Establishment) Order 1998UK Statutory Instruments
The Brent, Kensington & Chelsea and Westminster Mental Health National Health Service Trust (Establishment) Order 1998UK Statutory Instruments
The Leicestershire Mental Health Service and the Fosse Health, Leicestershire Community National Health Service Trusts (Dissolution) Order 1998UK Statutory Instruments

1999

Legislation TitleLegislation TypeRemarks
Superannuation (Secretary to The Mental Health Commission) Order (Northern Ireland) 1999Northern Ireland Statutory Rules
The South Lincolnshire Community and Mental Health Services National Health Service Trust (Establishment) Amendment Order 1999UK Statutory Instruments
The Hartlepool and East Durham, the North Tees Health and the South Tees Community and Mental Health National Health Service Trusts (Dissolution) Order 1999UK Statutory Instruments
The Bath Mental Health Care National Health Service Trust (Establishment) Amendment Order 1999UK Statutory Instruments
The Bethlem and Maudsley, the Lambeth Healthcare, the Lewisham and Guy’s Mental Health and the Optimum Health Services National Health Service Trusts (Dissolution) Order 1999UK Statutory Instruments
The South Birmingham Mental Health National Health Service Trust (Establishment) Amendment Order 1999UK Statutory Instruments
The Northern Birmingham Mental Health National Health Service Trust (Establishment) Amendment Order 1999UK Statutory Instruments
The South Birmingham Mental Health National Health Service Trust (Transfers of Trust Property) Order 1999UK Statutory Instruments
The Worcestershire Community and Mental Health National Health Service Trust (Establishment) Order 1999UK Statutory Instruments
Mental Health (Public Safety and Appeals) (Scotland) Act 1999Acts of the Scottish Parliament1. It amended the Mental Health (Scotland) Act 1984.
2. Repealed by the Mental Health (Care and Treatment) (Scotland) Act 2003.
Mental Health (Amendment) (Scotland) Act 1999UK Public General Acts1. Repealed.

2000

Legislation TitleLegislation TypeRemarks
The South Essex Mental Health and Community Care National Health Service Trust (Establishment) Order 2000UK Statutory Instruments
The East London and The City Mental Health National Health Service Trust (Establishment) Order 2000UK Statutory Instruments
The Avon and Western Wiltshire Mental Health Care National Health Service Trust (Transfer of Trust Property) Order 2000UK Statutory Instruments
The North East London Mental Health National Health Service Trust (Establishment) Order 2000UK Statutory Instruments
The East London and The City Mental Health National Health Service Trust (Establishment) Amendment Order 2000UK Statutory Instruments
The West London Mental Health National Health Service Trust (Establishment) Order 2000UK Statutory Instruments
Adults with Incapacity (Scotland) Act 2000Acts of the Scottish Parliament

2001

Legislation TitleLegislation TypeRemarks
Superannuation (Chief Executive to the Mental Health Commission) Order (Northern Ireland) 2001Northern Ireland Statutory Rules
The Newcastle, North Tyneside and Northumberland Mental Health National Health Service Trust (Establishment) Order 2001UK Statutory Instruments
The Newcastle City Health and the Northumberland Mental Health National Health Service Trusts (Dissolution) Order 2001UK Statutory Instruments
The Avon and Western Wiltshire Mental Health Care National Health Service Trust (Change of Name) Order 2001UK Statutory Instruments
The North Essex Mental Health Partnership National Health Service Trust (Establishment) Order 2001UK Statutory Instruments
The Buckinghamshire Mental Health National Health Service Trust (Establishment) Order 2001UK Statutory Instruments
The North Cumbria Mental Health and Learning Disabilities National Health Service Trust (Establishment) Order 2001UK Statutory Instruments
The Essex and Herts Community, the Mid Essex Community and Mental Health, and the North East Essex Mental Health National Health Service Trusts (Dissolution) Order 2001UK Statutory Instruments
The Camden and Islington Mental Health National Health Service Trust (Establishment) Order 2001UK Statutory Instruments
The Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Order 2001UK Statutory Instruments
The Southern Derbyshire Mental Health National Health Service Trust Change of Name and (Establishment) Amendment Order 2001UK Statutory Instruments
The Ealing, Hammersmith and Fulham Mental Health National Health Service Trust (Dissolution) Order 2001UK Statutory Instruments
The Mental Health Act 1983 (Remedial) Order 2001UK Statutory Instruments

2002

Legislation TitleLegislation TypeRemarks
The Shropshire’s Community & Mental Health Services National Health Service Trust (Transfer of Trust Property) Order 2002UK Statutory Instruments
The Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Establishment) and the Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care National Health Service Trust (Dissolution) Order 2002UK Statutory Instruments
The Manchester Mental Health and Social Care Trust (Establishment) Order 2002UK Statutory Instruments
The Southern Derbyshire Mental Health National Health Service Trust Change of Name and (Establishment) Amendment Order and the Community Health Care Service (North Derbyshire) National Health Service Trust (Dissolution) Order 2002UK Statutory Instruments
The South West Yorkshire Mental Health National Health Service Trust (Establishment) and the Wakefield and Pontefract Community National Health Service Trust (Dissolution) Order 2002UK Statutory Instruments
The South of Tyne and Wearside Mental Health National Health Service Trust (Establishment) and the Priority Healthcare Wearside National Health Service Trust (Dissolution) Order 2002UK Statutory Instruments
The Bournewood Community and Mental Health National Health Service Trust Change of Name Order 2002UK Statutory Instruments
The Worcestershire Community and Mental Health National Health Service Trust Change of Name and (Establishment) Amendment Order 2002UK Statutory Instruments
The Brent, Kensington, Chelsea and Westminster Mental Health National Health Service Trust Change of Name and (Establishment) Amendment Order 2002UK Statutory Instruments
The Camden and Islington Mental Health National Health Service Trust (Establishment) Amendment Order 2002UK Statutory Instruments
The South Essex Mental Health and Community Care National Health Service Trust Change of Name and (Establishment) Amendment Order 2002UK Statutory Instruments
The Leeds Community and Mental Health Services Teaching National Health Service Trust (Change of Name) Order 2002UK Statutory Instruments
The Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Establishment) and the Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care National Health Service Trust (Dissolution) Amendment Order 2002UK Statutory Instruments

2003

Legislation TitleLegislation TypeRemarks
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 1) Order 2003Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Modification) Order 2003Scottish Statutory Instruments
The Birmingham and Solihull Mental Health National Health Service Trust (Establishment) and the Northern Birmingham Mental Health National Health Service Trust and South Birmingham Mental Health National Health Service Trust (Dissolution) Order 2003UK Statutory Instruments
The South Birmingham Mental Health National Health Service Trust (Transfer of Trust Property) Order 2003UK Statutory Instruments
The Northern Birmingham Mental Health National Health Service Trust (Transfer of Trust Property) Order 2003UK Statutory Instruments
The Bolton, Salford and Trafford Mental Health National Health Service Trust (Establishment) and the Mental Health Services of Salford National Health Service Trust (Dissolution) Order 2003UK Statutory Instruments
The Black Country Mental Health National Health Service Trust (Change of Name) and (Establishment) Amendment Order 2003UK Statutory Instruments
The Mental Health (Correspondence of Patients, Patient Advocacy and Liaison Services) Regulations 2003UK Statutory Instruments
The Mental Health Review Tribunals (Regions) Order 2003UK Statutory Instruments
The Delayed Discharges (Mental Health Care) (England) Order 2003UK Statutory Instruments
The Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Establishment) and the Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care National Health Service Trust (Dissolution) Amendment Order 2003UK Statutory Instruments
Mental Health (Care and Treatment) (Scotland) Act 2003Acts of the Scottish Parliament1. It largely replaces the Mental Health (Scotland) Act 1984.
2. Repealed the Mental Health (Public Safety and Appeals) (Scotland) Act 1999).

2004

Legislation TitleLegislation TypeRemarks
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 2) Order 2004Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Disqualification) Regulations 2004Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Appointment of President) Regulations 2004Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Appointment of Legal Members) Regulations 2004Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 3) Order 2004Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Delegation of the President’s Functions) Regulations 2004Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Appointment of Medical Members) Regulations 2004Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Appointment of General Members) Regulations 2004Scottish Statutory Instruments
The Mental Health (Advance Statements) (Prescribed Class of Persons) (Scotland) Regulations 2004Scottish Statutory Instruments
The Mental Health (Patient Representation) (Prescribed Persons) (Scotland) Regulations 2004Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Disciplinary Committee) Regulations 2004Scottish Statutory Instruments
The Mental Health (Advance Statements) (Prescribed Class of Persons) (Scotland) (No. 2) Regulations 2004Scottish Statutory Instruments
The Mental Health (Patient Representation) (Prescribed Persons) (Scotland) (No. 2) Regulations 2004Scottish Statutory Instruments
The North West Surrey Mental Health National Health Service Partnership Trust (Transfer of Trust Property) Order 2004UK Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004Scottish Statutory Instruments
The North Essex Mental Health Partnership National Health Service Trust (Transfer of Trust Property) Order 2004UK Statutory Instruments
The Mental Health (Amendment) (Northern Ireland) Order 2004Northern Ireland Orders in Council
The Norfolk Mental Health Care National Health Service Trust (Change of Name) (Establishment) Amendment Order 2004UK Statutory Instruments
The South Essex Mental Health and Community Care National Health Service Trust (Establishment) Amendment Order 2004UK Statutory Instruments

2005

Legislation TitleLegislation TypeRemarks
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 4) Order 2005Scottish Statutory Instruments
The Mental Health (Fee Payable to Designated Medical Practitioners) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Welfare Commission for Scotland (Prescribed Persons) Regulations 2005Scottish Statutory Instruments
The Mental Welfare Commission for Scotland (Authorised Persons) Regulations 2005Scottish Statutory Instruments
The Mental Health (Provision of Information to Patients) (Prescribed Times) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Welfare Commission for Scotland (Appointment of Medical Commissioners) Regulations 2005Scottish Statutory Instruments
The Mental Health (Conflict of Interest) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Medical treatment subject to safeguards) (Section 234) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Medical treatment subject to safeguards) (Section 237) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Content and amendment of care plans) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Social Circumstances Reports) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Content and amendment of Part 9 care plans) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Compulsion orders – documents and reports to be submitted to the Tribunal) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Compulsory treatment orders – documents and reports to be submitted to the Tribunal) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 4) Amendment Order 2005Scottish Statutory Instruments
The Mental Health (Conflict of Interest) (Scotland) (No. 2) Regulations 2005Scottish Statutory Instruments
The Mental Health (Removal Order) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Safeguards for Certain Informal Patients) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Specified Persons’ Correspondence) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Welfare Commission for Scotland (Procedure and Delegation of Functions) Regulations 2005Scottish Statutory Instruments
The Mental Health (Fee Payable to Designated Medical Practitioners) (Scotland) (No. 2) Regulations 2005Scottish Statutory Instruments
The Mental Health (Period for Appeal) Regulations 2005Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Code of Practice) Order 2005Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Practice and Procedure) Rules 2005Scottish Statutory Instruments
The Mental Health (Period for Appeal) (Scotland) (No. 2) Regulations 2005Scottish Statutory Instruments
The Mental Welfare Commission for Scotland (Procedure and Delegation of Functions) (No. 2) Regulations 2005Scottish Statutory Instruments
The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Form of Documents) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005Scottish Statutory Instruments
The Mental Health (Class of Nurse) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Class of Nurse) (Scotland) Revocation Order 2005Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005Scottish Statutory Instruments
Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Mental Health (Care and Treatment) (Scotland) Act 2003) 2005Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 4) Amendment (No. 2) Order 2005Scottish Statutory Instruments
The Mental Health (Absconding by mentally disordered offenders) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Safety and Security) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005Scottish Statutory Instruments
The Mental Health (Definition of Specified Person: Correspondence) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005Scottish Statutory Instruments
The Mental Health (Use of Telephones) (Scotland) Regulations 2005Scottish Statutory Instruments
The Surrey and Borders Partnership National Health Service Trust (Establishment) and the North West Surrey Mental Health National Health Service Partnership Trust, the Surrey Hampshire Borders National Health Service Trust and the Surrey Oaklands National Health Service Trust (Dissolution) Order 2005UK Statutory Instruments
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Mental Health (Care and Treatment) (Scotland) Act 2003) 2005Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005UK Statutory Instruments
Mental Capacity Act 2005UK Public General Acts

2006

Legislation TitleLegislation TypeRemarks
The Mental Health (Recall or Variation of Removal Order) (Scotland) Regulations 2006Scottish Statutory Instruments
The Mental Health (Form of Documents) (Scotland) Regulations 2006Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2006Scottish Statutory Instruments
The Mental Health (Relevant Health Board for Patients Detained in Conditions of Excessive Security) (Scotland) Regulations 2006Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Amendment Order 2006Scottish Statutory Instruments
The Buckinghamshire Mental Health National Health Service Trust (Dissolution) Order 2006UK Statutory Instruments
The Oxfordshire Mental Healthcare National Health Service Trust (Change of Name) (Establishment) Amendment Order 2006UK Statutory Instruments
The Northumberland, Tyne and Wear National Health Service Trust (Establishment) and the South of Tyne and Wearside Mental Health National Health Service Trust, the Northgate and Prudhoe National Health Service Trust and the Newcastle, North Tyneside and Northumberland Mental Health National Health Service Trust (Dissolution) Order 2006UK Statutory Instruments
The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006UK Statutory Instruments
The Education (Disqualification Provisions: Bankruptcy and Mental Health) (England) Regulations 2006UK Statutory Instruments
The Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006UK Statutory Instruments
The Mental Capacity Act 2005 (Commencement No.1) Order 2006UK Statutory Instruments
The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006UK Statutory Instruments
The Mental Capacity Act 2005 (Commencement No.1) (Amendment) Order 2006UK Statutory Instruments
The Mental Capacity Act 2005 (Appropriate Body) (England) (Amendment) Regulations 2006UK Statutory Instruments

2007

Legislation TitleLegislation TypeRemarks
The Mental Health (Safety and Security) (Scotland) Amendment Regulations 2007Scottish Statutory Instruments
The Mental Capacity Act 2005 (Commencement No.1) (England and Wales) Order 2007UK Statutory Instruments
The Mental Capacity Act 2005 (Loss of Capacity during Research Project) (England) Regulations 2007UK Statutory Instruments
The Mental Capacity Act 2005 (Appropriate Body) (Wales) Regulations 2007Wales Statutory Instruments
The Mental Capacity Act 2005 (Loss of Capacity during Research Project) (Wales) Regulations 2007Wales Statutory Instruments
The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 2007Wales Statutory Instruments
Mental Capacity Act 2005 (Commencement) (Wales) Order 2007Wales Statutory Instruments
The East London and The City Mental Health National Health Service Trust (Change of Name)(Establishment) Amendment Order 2007UK Statutory Instruments
The North Cumbria Mental Health and Learning Disabilities National Health Service Trust (Change of Name) (Establishment) Amendment Order 2007UK Statutory Instruments
The Mental Capacity Act 2005 (Commencement No.2) Order 2007UK Statutory Instruments
The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007UK Statutory Instruments
The Mental Capacity Act 2005 (Transfer Of Proceedings) Order 2007UK Statutory Instruments
The Mental Health Act 2007 (Commencement No.1) Order 2007UK Statutory Instruments
The Mental Health Act 2007 (Commencement No.2) Order 2007UK Statutory Instruments
The Mental Health Act 2007 (Commencement No.3) Order 2007UK Statutory Instruments
Mental Health Act 2007UK Public General Acts1. Largely came into force in 2008.
2. The 2007 Act just amended the Mental Health Act 1983, it did not replace it.

2008

Legislation TitleLegislation TypeRemarks
The Mental Health (Cross-border Visits) (Scotland) Regulations 2008Scottish Statutory Instruments
The Mental Health (Certificates for Medical Treatment) (Scotland) Amendment Regulations 2008Scottish Statutory Instruments
The Mental Health (Absconding Patients from Other Jurisdictions) (Scotland) Regulations 2008Scottish Statutory Instruments
The Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2008Scottish Statutory Instruments
The Mental Health Act 2007 (Commencement No. 4) Order 2008UK Statutory Instruments
The Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008UK Statutory Instruments
The Mental Health (Mutual Recognition) Regulations 2008UK Statutory Instruments
The Mental Health (Conflicts of Interest) (England) Regulations 2008UK Statutory Instruments
The Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008UK Statutory Instruments
The Mental Health (Nurses) (England) Order 2008UK Statutory Instruments
The Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008UK Statutory Instruments
The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 2008UK Statutory Instruments
The Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Transfer of Trust Property) Order 2008UK Statutory Instruments
The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008UK Statutory Instruments
The Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008UK Statutory Instruments
The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) (Amendment) Regulations 2008UK Statutory Instruments
The Dudley and Walsall Mental Health Partnership National Health Service Trust (Establishment) Order 2008UK Statutory Instruments
The Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008Wales Statutory Instruments
The Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2008Wales Statutory Instruments
The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008Wales Statutory Instruments
The Mental Health (Conflicts of Interest) (Wales) Regulations 2008Wales Statutory Instruments
The Mental Health (Nurses) (Wales) Order 2008Wales Statutory Instruments
The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2008UK Statutory Instruments
The Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008UK Statutory Instruments
The Mental Health Review Tribunal for Wales Rules 2008UK Statutory Instruments
The Mental Health Act 2007 (Commencement No.9) Order 2008UK Statutory Instruments
The Mental Health Act 2007 (Consequential Amendments) Order 2008UK Statutory Instruments
The Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008UK Statutory Instruments

2009

Legislation TitleLegislation TypeRemarks
The Mental Health Act 2007 (Commencement No.10 and Transitional Provisions) Order 2009UK Statutory Instruments
The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) (Wales) Regulations 2009Wales Statutory Instruments
The Mental Health Tribunal for Scotland (Appointment of Medical Members) Amendment Regulations 2009Scottish Statutory Instruments
The Rotherham Doncaster and South Humber Mental Health NHS Foundation Trust (Transfer of Trust Property) Order 2009UK Statutory Instruments
The Dudley and Walsall Mental Health Partnership National Health Service Trust (Originating Capital) Order 2009UK Statutory Instruments
The Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009Wales Statutory Instruments
The Mental Capacity (Deprivation of Liberty: Monitoring and Reporting; and Assessments -Amendment) Regulations 2009UK Statutory Instruments
The Mental Health and Mental Capacity (Advocacy) Amendment (England) Regulations 2009UK Statutory Instruments

2010

Legislation TitleLegislation TypeRemarks
The Mental Health Review Tribunal (Amendment) Rules (Northern Ireland) 2010Northern Ireland Statutory Rules
The Mental Health Act 2007 (Commencement No.11) Order 2010UK Statutory Instruments
The Mental Welfare Commission for Scotland (Qualifications, Training and Experience of Medical Visitors) Regulations 2010Scottish Statutory Instruments
The Bedfordshire and Luton Mental Health and Social Care Partnership National Health Service Trust (Dissolution) Order 2010UK Statutory Instruments
Mental Health (Wales) Measure 2010Measures of the National Assembly for Wales

2011

Legislation TitleLegislation TypeRemarks
The Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Amendment Order 2011UK Statutory Instruments
The Worcestershire Health and Care National Health Service Trust (Establishment) and the Worcestershire Mental Health Partnership National Health Service Trust (Dissolution) Order 2011UK Statutory Instruments
The Mental Health (Assessment of Former Users of Secondary Mental Health Services) (Wales) Regulations 2011Wales Statutory Instruments
The Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2011Wales Statutory Instruments
The Mental Capacity Act 2005 (Appropriate Body) (England) Amendment Regulations 2011UK Statutory Instruments
The Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011Wales Statutory Instruments
The Suffolk Mental Health Partnership National Health Service Trust (Dissolution) Order 2011UK Statutory Instruments
The Mental Health (Wales) Measure 2010 (Commencement No.1 and Transitional Provision) Order 2011Wales Statutory Instruments

2012

Legislation TitleLegislation TypeRemarks
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2012Scottish Statutory Instruments
The Mental Health (Safety and Security) (Scotland) Amendment Regulations 2012Scottish Statutory Instruments
The Mental Health (1986 Order) (Commencement No. 5) Order (Northern Ireland) 2012Northern Ireland Statutory Rules
Mental Health (Private Hospitals) (Fees) Regulations (Northern Ireland) 2012Northern Ireland Statutory Rules
Mental Health (Private Hospitals) Regulations (Northern Ireland) 2012Northern Ireland Statutory Rules1. Revoked.
The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2012UK Statutory Instruments
The Mental Health (Regional Provision) (Wales) Regulations 2012Wales Statutory Instruments
The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) (Amendment) Regulations 2012Wales Statutory Instruments
The Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 2012Wales Statutory Instruments
The Mental Health (Wales) Measure 2010 (Commencement No.2) Order 2012Wales Statutory Instruments
The Mental Health (Secondary Mental Health Services) (Wales) Order 2012Wales Statutory Instruments
The Mental Health (Wales) Measure 2010 (Commencement No.3) Order 2012Wales Statutory Instruments
Mental Health (Approval Functions) Act 2012UK Public General Acts

2013

Legislation TitleLegislation TypeRemarks
Mental Health (Private Hospitals) Regulations (Northern Ireland) 2013Northern Ireland Statutory Rules
The Mental Health (Discrimination) Act 2013 (Commencement) Order 2013UK Statutory Instruments
Mental Health (Discrimination) Act 2013UK Public General Acts1. Relates to the Mental Health Act 1983 and the Juries Act 1974.

2014

Legislation TitleLegislation TypeRemarks
The Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Amendment Order 2014UK Statutory Instruments

2015

Legislation TitleLegislation TypeRemarks
Assisted Decision-Making (Capacity) Act 2015UK Public General Acts
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2015Scottish Statutory Instruments
The Mental Health (Scotland) Act 2015 (Commencement No. 1, Transitional and Saving Provisions) Order 2015Scottish Statutory Instruments
The Mental Health (Detention in Conditions of Excessive Security) (Scotland) Regulations 2015Scottish Statutory Instruments
The Mental Health (Scotland) Act 2015 (Commencement No. 2) Order 2015Scottish Statutory Instruments
Mental Health (Scotland) Act 2015Acts of the Scottish Parliament

2016

Legislation TitleLegislation TypeRemarks
The Mental Health Review Tribunal (Amendment) Rules (Northern Ireland) 2016Northern Ireland Statutory Rules
Mental Capacity Act (Northern Ireland) 2016Acts of the Northern Ireland Assembly1. When fully commenced, will fuse together mental capacity and mental health law for those aged 16 years old and over within a single piece of legislation, as recommended by the Bamford Review of Mental Health and Learning Disability.
2. The Act provides a statutory framework for people who lack capacity to make a decision for themselves and for those who now have capacity but wish to make preparations for a time in the future when they lack capacity.
3. When the Act is fully commenced the Mental Health (Northern Ireland) Order 1986 will be repealed for anyone over the age of 16.

2017

Legislation TitleLegislation TypeRemarks
The Mental Health (Scotland) Act 2015 (Commencement No. 3) Order 2017Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017Scottish Statutory Instruments
The Mental Health (Conflict of Interest) (Scotland) Regulations 2017Scottish Statutory Instruments
The Mental Health (Patient Representation) (Prescribed Persons) (Scotland) Regulations 2017Scottish Statutory Instruments
The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2017Scottish Statutory Instruments
The Mental Health (Scotland) Act 2015 (Commencement No. 4 and Transitional and Savings Provisions) Order 2017Scottish Statutory Instruments
The Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Amendment Regulations 2017Scottish Statutory Instruments
The Mental Health (Cross-border Visits) (Scotland) Amendment Regulations 2017Scottish Statutory Instruments
The Mental Health (Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2017Scottish Statutory Instruments
The Mental Health (Scotland) Act 2015 (Commencement No. 5 and Transitional Provisions) Order 2017Scottish Statutory Instruments
The Mental Health Act 1983 (Places of Safety) Regulations 2017UK Statutory Instruments
The Mental Health Act 2007 (Commencement No. 12 and Transitional Provisions) Order 2017UK Statutory Instruments
The Mental Health Review Tribunal for Wales (Amendment and constitution of tribunals) Rules 2017UK Statutory Instruments

2018

Legislation TitleLegislation TypeRemarks
The West London Mental Health National Health Service Trust (Establishment) (Amendment) Order 2018UK Statutory Instruments
The Mental Health (Northern Ireland) (Amendment) Order 2018UK Statutory Instruments
Mental Health Units (Use of Force) Act 2018UK Public General Acts1. Also known as Seni’s Law.
2. Amended the 1983 Act.

2019

Legislation TitleLegislation TypeRemarks
The Mental Capacity (2016 Act) (Commencement No. 1) Order (Northern Ireland) 2019Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) Regulations (Northern Ireland) 2019Northern Ireland Statutory Rules1. Revoked.
The Mental Capacity (Deprivation of Liberty) (Amendment) Regulations (Northern Ireland) 2019Northern Ireland Statutory Rules1. Revoked.
The Mental Capacity (2016 Act) (Commencement No. 1) (Amendment) Order (Northern Ireland) 2019Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) (Revocation) Regulations (Northern Ireland) 2019Northern Ireland Statutory Rules
The Mental Capacity (Research) Regulations (Northern Ireland) 2019Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019Northern Ireland Statutory Rules
The Mental Capacity (Money and Valuables) Regulations (Northern Ireland) 2019Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) (No. 2) (Amendment) Regulations (Northern Ireland) 2019Northern Ireland Statutory Rules
The Mental Health Units (Use of Force) Act 2018 Commencement (No. 1) Regulations 2019UK Statutory Instruments
Mental Capacity (Amendment) Act 2019UK Public General Acts

2020

Legislation TitleLegislation TypeRemarks
The Mental Capacity (Research) (Amendment) Regulations (Northern Ireland) 2020Northern Ireland Statutory Rules
The Mental Health (Northern Ireland) (Amendment) Order 2020Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) (Amendment) Regulations (Northern Ireland) 2020Northern Ireland Statutory Rules1. Revoked.
The Mental Capacity (Deprivation of Liberty) (Amendment) (Revocation) Regulations (Northern Ireland) 2020Northern Ireland Statutory Rules
The Mental Health (1986 Order) (Amendment No. 2) Order (Northern Ireland) 2020Northern Ireland Statutory Rules
The Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) (Amendment) Regulations (Northern Ireland) 2020Northern Ireland Statutory Rules
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2020Scottish Statutory Instruments
The Mental Capacity (2016 Act) (Commencement No.1) (Amendment) Order (Northern Ireland) 2020Northern Ireland Statutory Rules
The Dudley and Walsall Mental Health Partnership National Health Service Trust (Establishment) (Amendment) Order 2020UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020UK Statutory Instruments
The Worcestershire Health and Care National Health Service Trust (Establishment) and the Worcestershire Mental Health Partnership National Health Service Trust (Dissolution) (Amendment) Order 2020UK Statutory Instruments
The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020UK Statutory Instruments
The Coronavirus Act 2020 (Expiry of Mental Health Provisions) (England and Wales) Regulations 2020UK Statutory Instruments

2021

Legislation TitleLegislation TypeRemarks
The Mental Health (1986 Order) (Amendment) Order (Northern Ireland) 2021Northern Ireland Statutory Rules
The Mental Health (1986 Order) (Amendment No. 2) Order (Northern Ireland) 2021Northern Ireland Statutory Rules

What is the Mental Capacity Act 2005 (UK)?

Introduction

The Mental Capacity Act 2005 (c 9) is an Act of the Parliament of the United Kingdom applying to England and Wales, receiving Royal Assent on 07 April 2005.

Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves.

An Act to make new provision relating to persons who lack capacity; to establish a superior court of record called the Court of Protection in place of the office of the Supreme Court called by that name; to make provision in connection with the Convention on the International Protection of Adults signed at the Hague on 13 January 2000; and for connected purposes.

Refer to Mental Health Act 1983 and Mental Health Act 2007.

You can find a full chronology of mental health legislation in the UK here.

Key Features of the Act

The Five Statutory Principles

The five principles are outlined in the Section 1 of the Act. These are designed to protect people who lack capacity to make particular decisions, but also to maximise their ability to make decisions, or to participate in decision-making, as far as they are able to do so.

  1. A person must be assumed to have capacity unless it is established that he/she lacks capacity.
  2. A person is not to be treated as unable to make a decision unless all practicable steps to help him/her to do so have been taken without success.
  3. A person is not to be treated as unable to make a decision merely because he/she makes an unwise decision.
  4. An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his/ her best interests.
  5. Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

Summary of Other Key Elements of the Act

  • The Act makes provision for people to plan ahead for a time when they may need support. This introduces advance decisions to refuse treatment.
  • The decision (or question) under consideration must be time and decision specific.
  • The Act upholds the principle of Best Interest for the individual concerned.
  • A Court of Protection will help with difficult decisions.
    • The Office of the Public Guardian (formerly Public Guardianship Office), the administrative arm of the Court of Protection, will help the Act work.
  • An Independent Mental Capacity Advocate (IMCA) service will provide help for people who have no intimate support network.
  • S(44) of The Act makes it a criminal offence to wilfully neglect someone without capacity.
  • The Act generally applies only to those over the age of 16 years, although may apply to some younger people if it is supposed that their capacity will continue to be impaired into adulthood.

Section 68: Commencement and Extent

The following orders have been made under this section:

  • The Mental Capacity Act 2005 (Commencement No.1) Order 2006 (S.I. 2006/2814 (C. 95)).
  • The Mental Capacity Act 2005 (Commencement No.1) (Amendment) Order 2006 (S.I. 2006/3473 (C. 133)).
  • The Mental Capacity Act 2005 (Commencement No.2) Order 2007 (S.I. 2007/1897 (C. 72)).
  • The Mental Capacity Act 2005 (Commencement No.1) (England and Wales) Order 2007 (S.I. 2007/563 (C. 24)).
  • Mental Capacity Act 2005 (Commencement) (Wales) Order 2007 (S.I. 2007/856 (W. 79) (C. 34)).

Timetable of New Features

The new measures that the Act introduced included:

  • April 2007:
    • A new criminal offence of wilful neglect of a person without capacity.
    • A new Independent Mental Capacity Advocacy Service in England.
    • A Code of Practice that tells people how to ensure they are following the Act.
  • October 2007:
    • Extension of the Independent Mental Capacity Advocacy Service to Wales.
    • Lasting Powers of Attorney and deputies.
    • A new Court of Protection.
    • A new Office of the Public Guardian.

Amendments

In response to the ruling by the European Court of Human Rights in HL v UK (2004) (the ‘Bournewood’ judgment) the Act was amended by the Mental Health Act 2007 in July that year. These additions are known as the Deprivation of Liberty Safeguards (DoLS), and were implemented in April 2009. These amendments created administrative procedures to ensure the Act’s processes are observed in cases of adults who are, or may be, deprived of their liberty in care homes or hospitals, thus protecting health and social care providers from prosecution under human rights legislation.

Key elements of the DoLS are that the person must be provided with a representative and given the right to challenge the deprivation of liberty through the Court of Protection, and that there must be a mechanism for the deprivation of liberty to be reviewed and monitored regularly.

The DoLS were introduced in response to the Bournewood case, on which the European Court of Human Rights ruled in October 2004 (HL v United Kingdom) that a detention of an incapacitated patient which did not comply with Article 5 of the European Convention on Human Rights had taken place; in particular, a person who is detained must be told the reasons for the detention and must also, under Article 5(4), have the right of speedy access to a court to appeal against the detention.

Mental Capacity (Amendment) Bill 2019

The Mental Capacity Act was amended in May 2019. This act will replace DoLS with a new legal framework called Liberty Protection Safeguards (LPS). These will be used for anyone 16 or above who lacks capacity rather than 18 as previously used in DoLS. The “acid test’ from the Cheshire West case remains, there is still no statuary definition of deprivation of liberty. Target date for implementation was October 2020. It was announced by Helen Whately, Minister for Care in July 2020 that the implementation would be delayed, with full implementation expected by April 2022. Some of this delay was due to the Coronavirus disease 2019 pandemic. During this period a draft Code of practice will be produced which will go out to Public consultation.

What is the Mental Health Act 2007 (UK)?

Introduction

The Mental Health Act 2007 (c 12) is an Act of the Parliament of the United Kingdom which received Royal Assent on 19 July 2007.

It amended the Mental Health Act 1983 and the Mental Capacity Act 2005.

It applies to people in England and Wales and most of the Act was implemented on 03 November 2008.

An Act to amend the Mental Health Act 1983, the Domestic Violence, Crime and Victims Act 2004 and the Mental Capacity Act 2005 in relation to mentally disordered persons; to amend section 40 of the Mental Capacity Act 2005; and for connected purposes.

You can find a full chronology of mental health legislation in the UK here.

Background

The Act introduced significant changes which included:

  • Introduction of Supervised Community Treatment, including Community Treatment Orders (CTOs). This new power replaces supervised discharge with a power to return the patient to hospital, where the person may be forcibly medicated, if the medication regime is not being complied with in the community.
  • Redefining professional roles: broadening the range of mental health professionals who can be responsible for the treatment of patients without their consent.
  • Creating the role of approved clinician, which is a registered healthcare professional (social worker, nurse, psychologist or occupational therapist) approved by the appropriate authority to act for purposes of the Mental Health Act 1983 (as amended).
  • Replacing the role of approved social worker by the role of approved mental health professional; the person fulfilling this role need not be a social worker.
  • Nearest relative: making it possible for some patients to appoint a civil partner as nearest relative.
  • Definition of mental disorder: introduce a new definition of mental disorder throughout the Act, abolishing previous categories
  • Criteria for Involuntary commitment: introduce a requirement that someone cannot be detained for treatment unless appropriate treatment is available and remove the treatability test.
  • Mental Health Review Tribunal (MHRT): improve patient safeguards by taking an order-making power which will allow the current time limit to be varied and for automatic referral by hospital managers to the MHRT.
  • Introduction of independent mental health advocates (IMHAs) for ‘qualifying patients’.
  • Electroconvulsive Therapy may not be given to a patient who has capacity to refuse consent to it, and may only be given to an incapacitated patient where it does not conflict with any advance directive, decision of a donee or deputy or decision of the Court of Protection.

Controversy

During the Act’s development, there were concerns expressed that the changes proposed by the Mental Health Bill were draconian. As a result, the government was forced in 2006 to abandon their original plans to introduce the Bill outright and had to amend the 1983 Act instead. Despite this concession, the Bill was still defeated a number of times in the House of Lords prior to its receiving Royal Assent.

As of 2010, the Green Party supported a reform of the Mental Health Act in order to remove transgender people from the Psychiatric Disorder Register, which they view as discriminatory.

What is the Mental Health Act 1983 (UK)?

Introduction

The Mental Health Act 1983 (c.20) is an Act of the Parliament of the United Kingdom.

An Act to consolidate the law relating to mentally disordered people.

It covers the reception, care and treatment of mentally disordered people, the management of their property and other related matters, forming part of the mental health law for the people in England and Wales (full); and Northern Ireland and Scotland (parts of the Act).

In particular, it provides the legislation by which people diagnosed with a mental disorder can be detained in hospital or police custody and have their disorder assessed or treated against their wishes, informally known as “sectioning”. Its use is reviewed and regulated by the Care Quality Commission.

The Act was significantly amended by the Mental Health Act 2007; also refer to Mental Capacity Act 2005.

A white paper proposing changes to the act was published on 06 April 2021 following an independent review of the act by Simon Wessely (in 2019).

You can find a full chronology of mental health legislation in the UK here.

Brief History

The Madhouses Act 1774 created a Commission of the Royal College of Physicians with powers to grant licences to premises housing “lunatics” in London; Justices of the Peace were given these powers elsewhere in England and Wales. Failure to gain a licence resulted in a hefty fine. Admission to a “madhouse” required certification signed by a doctor, and lists of detained residents became available for public inspection. This Act was later considered ineffectual and was repealed by the Madhouses Act 1828, itself repealed shortly afterwards by the Madhouses Act 1832. These Acts altered the composition of the Commission in several ways, such as including barristers in addition to doctors.

The Lunacy Act 1845 and the County Asylums Act 1845 together gave mental hospitals or “asylums” the authority to detain “lunatics, idiots and persons of unsound mind”. Each county was compelled to provide an asylum for “pauper lunatics”, who were removed from workhouses into the aforementioned asylums. The Lunacy Commission was established to monitor asylums, their admissions, treatments and discharges.

Both these acts were repealed by the Lunacy Act 1890. This introduced “reception orders”, authorising detention in asylums. These orders had to be made by a specialised Justice of the Peace and lasted one year. Thereafter, detention could be renewed at regular intervals by submission of a medical report to the Lunacy Commission. The Mental Deficiency Act 1913 renamed the Lunacy Commission the “Board of Control” and increased the scope of its powers. The functions of the Board of Control were subsequently altered by the Mental Treatment Act 1930 and the National Health Service Act 1946.

The Lunacy Act 1890 was repealed following World War II by the Mental Health Act 1959. This Act abolished the Board of Control, and aimed to provide informal treatment for the majority of people suffering from mental disorders, whilst providing a legal framework such that such people could, if necessary, be detained in hospital against their will. It also aimed to make local councils responsible for the care of mentally disordered people who did not require hospital admission.

However, like its predecessors, the 1959 Act did not provide clarity as to whether a legal order to detain a mentally disordered person in hospital also empowered the hospital to impose medical treatment against the person’s wishes.[8] It had become clear by the 1970s that a specific legal framework for medical treatments such as psychiatric medications, electroconvulsive therapy and psychosurgery was needed in order to balance the rights of detained persons with society as a whole.

The Mental Health Act 1983 was formally approved by the monarch on 09 May 1983 and came into effect on 30 September that year. It has been amended many times: notably in 1995, 2001 (via remedial order, issued on the grounds of incompatibility with the European Convention of Human Rights under the Human Rights Act 1998 section 4), 2007 and 2017 via the Policing and Crime Act 2017.

Overview

The Act is divided into ten “parts”:

  1. Application of the Act.
  2. Compulsory admission to hospital and guardianship.
  3. Patients concerned in criminal proceedings or under sentence.
  4. Consent to treatment.
  5. Mental Health Review Tribunal.
  6. Removal and return of patients within the United Kingdom.
  7. Management of property and affairs of patients.
  8. Miscellaneous functions of Local Authorities and the Secretary of State.
  9. Offences.
  10. Miscellaneous and supplementary.

Each of these ten parts are divided into “sections”, which are numbered continuously throughout the Act. In total, there are 149 sections in the Act.

Analysis

Definition of Mental Disorder

The term “mental disorder” is very loosely defined under the Act, in contrast to legislation in other countries such as Australia and Canada. Under the Act, mental disorder is defined as “any disorder or disability of mind”. The concept of mental disorder as defined by the Act does not necessarily correspond to medical categories of mental disorder such as those outlined in ICD-10 or DSM-IV. However, mental disorder is thought by most psychiatrists to cover schizophrenia, anorexia nervosa, major depression, bipolar disorder and other similar illnesses, learning disability and personality disorders.

Professionals and Persons Involved

Subjects

Most people are subject to the Act, and section 141 even makes provision for members of the House of Commons, until it was repealed by the Mental Health (Discrimination) Act 2013. In 1983-1984, the House of Lords Committee for Privileges accepted the advice of the law lords that the statute would prevail against any privilege of Parliament or of peerage.

Approved Mental Health Professionals

An Approved Mental Health Professional (AMHP) is defined in the Act as a practitioner who has extensive knowledge and experience of working with people with mental disorders. Until the 2007 amendments, this role was restricted to social workers, but other professionals such as nurses, clinical psychologists and occupational therapists are now permitted to perform this role. AMHPs receive specialised training in mental disorder and the application of mental health law, particularly the Mental Health Act. Training involves both academic work and apprenticeship and lasts one year. The AMHP has a key role in the organisation and application of Mental Health Act assessments and provides a valuable non-medical perspective in ensuring legal process and accountability.

Section 12 Approved Doctors

A section 12 approved doctor is a medically qualified doctor who has been recognised under section 12(2) of the Act. They have specific expertise in mental disorder and have additionally received training in the application of the Act. They are usually psychiatrists, although some are general practitioners (GPs) who have a special interest in psychiatry.

Approved Clinicians and Responsible Clinicians

An Approved Clinician (AC) is a healthcare professional who is competent to become responsible for the treatment of mentally disordered people compulsorily detained under the Act. A clinician must complete special training and demonstrate competence in their professional portfolio in order to be approved as an AC. Until the 2007 amendments, they would almost exclusively have been a consultant psychiatrist, but other professionals, such as social workers, clinical psychologists and nurse specialists, are being encouraged to take on the role. Once an AC takes over the care of a specific patient, they are known as the Responsible Clinician (RC) for that patient.

Nearest Relatives

A Nearest Relative is a relative of a mentally disordered person. There is a strict hierarchy of types of relationship that needs to be followed in order to determine a particular person’s Nearest Relative: husband, wife, or civil partner; son or daughter; father or mother; brother or sister; grandparent; grandchild; uncle or aunt; nephew or niece; lastly, an unrelated person who resides with the mentally disordered person. Thus a person’s Nearest Relative under the Act is not necessarily their “next of kin”.

A mentally disordered person is not usually able to choose their Nearest Relative but under some circumstances they can apply to a County Court to have a Nearest Relative replaced. In practice, such applications are more commonly made by Social Services Departments. The Nearest Relative has the power to discharge the mentally disordered person from some sections of the Act.

Hospital Managers

Hospital Managers represent the management of the NHS Trust or independent hospital and have the responsibility for a detained patient. On their behalf, the non-executive members of the board of the relevant National Health Service Trust and appointed lay ‘Associate Managers’ may hear appeals from patients against their detention, Community Treatment Order and upon those detentions being renewed and extended. Cases are heard in similar settings to those heard by the First-Tier Tribunal (Mental Health) outlined below.

First-Tier Tribunal (Mental Health)

Mental Health Review Tribunals (MHRTs) hear appeals against detention under the Act. Their members are appointed by the Lord Chancellor and include a doctor, a lawyer and a lay person (i.e. neither a doctor nor a lawyer). Detained persons have the right to be represented at MHRTs by a solicitor. Discharge from hospital as a result of an MHRT hearing is the exception to the rule, occurring in around 5% of cases, when the Tribunal judges that the conditions for detention are not met.

Civil Sections

Part II of the Act applies to any mentally disordered person who is not subject to the Criminal Justice System. The vast majority of people detained in psychiatric hospitals in England and Wales are detained under one of the civil sections of the Act.

These sections are implemented following an assessment of the person suspected to be suffering from a mental disorder. These assessments can be performed by various professional groups, depending upon the particular section of the Act being considered. These professional groups include AMHPs, Section 12 approved doctors, other doctors, registered mental health nurses (RMNs) and police officers.

Assessment Orders

Section 2 is an assessment order and lasts up to 28 days; it cannot be renewed. It can be instituted following an assessment under the Act by two doctors and an AMHP. At least one of these doctors must be a Section 12 approved doctor. The other must either have had previous acquaintance with the person under assessment, or also be a Section 12 approved doctor. This latter rule can be broken in an emergency where the person is not known to any available doctors and two Section 12 approved doctors cannot be found. In any case, the two doctors must not be employed in the same service, to ensure independence (this ‘rule’ was removed in the 2007 MHA amendment). Commonly, in order to satisfy this requirement, a psychiatrist will perform a joint assessment with a general practitioner (GP). A Mental Health Act assessment can take place anywhere, but commonly occurs in a hospital, at a police station, or in a person’s home.

If the two doctors agree that the person is suffering from a mental disorder, and that this is of a nature or to a degree that, despite his refusal to go to hospital, he ought to be detained in hospital in the interest of his own health, his safety, or for the protection of others, they complete a medical recommendation form and give this to the AMHP. If the AMHP agrees that there is no viable alternative to detaining the person in hospital, they will complete an application form requesting that the hospital managers detain the person. They will then be transported to hospital and the period of assessment begins. Treatment, such as medication, can be given against the person’s wishes under Section 2 assessment orders, as observation of response to treatment constitutes part of the assessment process.

Treatment Orders

Section 3 is a treatment order and can initially last up to six months; if renewed, the next order lasts up to six months and each subsequent order lasts up to one year. It is instituted in the same manner as Section 2, following an assessment by two doctors and an AMHP. One major difference, however, is that for Section 3 treatment orders, the doctors must be clear about the diagnosis and proposed treatment plan, and be confident that “appropriate medical treatment” is available for the patient. The definition of “appropriate medical treatment” is wide and may constitute basic nursing care alone.

Most treatments for mental disorder can be given under Section 3 treatment orders, including injections of psychotropic medication such as antipsychotics. However, after three months of detention, either the person has to consent to their treatment or an independent doctor has to give a second opinion to confirm that the treatment being given remains in the person’s best interests. A similar safeguard is used for electroconvulsive therapy (ECT), although the RC can authorise two ECT treatments in the event of an emergency for people detained under Section 3 treatment orders. ECT may not be given to a refusing patient who has the capacity to refuse it, and may only be given to an incapacitated patient where it does not conflict with any advance directive, decision of a donor or deputy, or decision of the Court of Protection.

Leave and Discharge

Absence or “leave” from hospital can be granted by the RC for a patient detained under either a Section 2 assessment order or Section 3 treatment order, and the RC will ultimately be responsible for discharging a patient under such an order. Following discharge from a Section 3 treatment order, the person remains subject to the after-care provisions of Section 117 indefinitely. These provisions include a formal discharge planning meeting, and provision of personal care if necessary.

Emergency Orders

Section 4 is an emergency order that lasts up to 72 hours. It is implemented by just one doctor and an AMHP, in an emergency in which there is not time to summon a second suitable doctor in order to implement a Section 2 assessment order or Section 3 treatment order. Once in hospital, a further medical recommendation from a second doctor would convert the order from a Section 4 emergency order to a Section 2 assessment order. Section 4 emergency orders are not commonly used.

Holding Powers

Section 5(2) is a doctor’s holding power. It can only be used to detain in hospital a person who has consented to admission on an informal basis (i.e. not detained under the Act) but then changed their mind and wishes to leave. It can be implemented following a (usually brief) assessment by the RC or his deputy, which, in effect, means any hospital doctor, including psychiatrists but also those based on medical or surgical wards. It lasts up to 72 hours, during which time a further assessment may result in either discharge from the section or detention under section 2 for assessment or section 3 for treatment.

Section 5(4) is a nurse’s holding power. It can be applied to the same group of patients as those that may be detained under section 5(2) as outlined above. It is implemented by a first or second level Mental Health or Learning Disability Nurse. Section 5(4) lasts up to 6 hours and ends at the time the patient is seen by the doctor assessing the patient under Section 5(2), irrespective of the outcome of the doctor’s assessment. Time spent by a patient under section 5(4) is included in the 72 hours of any subsequent Section 5(2).

The Care Quality Commission consider it to be extremely poor practice to allow a section 5(2) to simply “lapse”. There is a clear duty on the part of the patient’s RC to make a decision as to whether any further action, such as detention under section 2 for assessment or detention under section 3 for treatment should be implemented, or whether the patient should be regraded to “informal” legal status.

Magistrates’ and Police Officers’ Orders

Section 135 is a magistrates’ order. It can be applied for by an AMHP in the best interests of a person who is thought to be mentally disordered, but who is refusing to allow mental health professionals into their residence for the purposes of a Mental Health Act assessment. Section 135 magistrates’ orders give police officers the right to enter the property and to take the person to a “place of safety”, which is locally defined and usually either a police station or a psychiatric hospital ward.

Section 136 is a similar order that allows a police officer to take a person whom they consider to be mentally disordered to a “place of safety” as defined above. This only applies to a person found in a public place. Once a person subject to a Section 135 magistrates’ order or Section 136 police officers’ order is at a place of safety, they are further assessed and, in some cases, a Section 2 assessment order or Section 3 treatment order implemented.

Criminal Sections

Part III and other various criminal sections of the Act apply to sentenced prisoners and persons subject to proceedings of the criminal justice System. Although they are invariably implemented by a court, often upon the recommendations of one or more psychiatrists, some of these sections largely mirror the civil sections of the Act.

Pre-trial Orders

Section 35 and Section 36 are similar in their powers to Section 2 assessment orders and Section 3 treatment orders respectively, but are used for persons awaiting trial for a serious crime and provide courts with an alternative to remanding a mentally disordered person in prison. The order for Section 35 can be made by a Crown Court or Magistrates’ Court, whilst Section 36 can be enacted only by a Crown Court. Courts can enact either of these sections on the medical recommendation of one Section 12 approved doctor. Both these sections are rarely used in practice.

Post-Trial Orders

Section 37 is a treatment order, similar in many regards to the civil treatment order under Section 3, and is fairly frequently used. It is applied to persons recently convicted of a serious crime, which is punishable by imprisonment. Thus it represents an alternative to a mentally disordered person being punished by imprisonment or otherwise. It is enacted by a Crown Court or Magistrates’ Court on the recommendation of two approved doctors. However, the court is able to exercise discretion in this regard and can impose a prison sentence despite medical recommendations for Section 37.

A person detained under Section 37 can appeal to the Mental Health Review Tribunal after a period of six months; if he or she is no longer suffering from symptoms of mental disorder, the person can be discharged by the Tribunal, even if there is a strong possibility that the person might relapse and re-offend. Furthermore, a person on Section 37 alone, who may have been convicted of a serious violent crime, can be discharged in the community at any time by his or her Responsible Clinician (RC).

For these reasons, people who either are deemed by the court to pose a particularly high risk to other people if released, have a pronounced history of dangerous behaviour, or have committed a particularly serious offence, usually have Section 41 used in conjunction with Section 37. Section 41 imposes “restrictions” upon the terms of Section 37. In summary, this means that the Home Office and, ultimately, the Home Secretary, rather than the RC, decides when the person can leave hospital, either temporarily (“leave”) or permanently (“discharge”). Indeed, most people are ultimately given a “conditional discharge”, which sets a statutory framework for psychiatric follow-up in the community upon release and provides for recall into hospital if, for instance, a person disengages from mental health services.

Only a Crown Court can impose Section 41, but a judge can do so without a doctor’s recommendation. Although persons on Section 41 can appeal against their detention to the Mental Health Review Tribunal, their cases are heard by a Special Tribunal, chaired by a High Court judge. Since the 2007 amendments have been implemented, Section 41 is universally imposed without limit of time.

Section 38 is an interim order, used in similar circumstances to Section 37, when it is likely, but not wholly clear, that a Section 37 will be appropriate.

Transfer Orders

It is noteworthy that the Act only provides for enforced treatment of mental disorder in a hospital. As a prison is not defined as a “hospital” by the Act, no prisoner can be treated against his or her wishes under the Act in prison, even in a prison healthcare wing. Instead, Sections 47 and 48 provide for prisoners to be transferred to a hospital for treatment of a mental disorder. Section 47 applies to sentenced prisoners, whilst Section 48 applies to those on remand and those convicted but awaiting sentence; it provides for temporary treatment out of prison. Section 48 can be used only for prisoners in need of urgent treatment for mental illness or severe mental impairment, whilst Section 47 can be used to treat any category of mental disorder. The Home Office is required to approve applications for these sections and decides what level of security in hospital is necessary for a particular prisoner.

Section 49 provides for “restrictions” to Section 47, in the same way that Section 41 provides for “restrictions” to Section 37.

Physical Illness

The Act provides the legal framework for the assessment and treatment of mental disorders. It does not provide for the assessment or treatment of physical illnesses. There has been substantial case law to confirm this interpretation. Thus, a person who has a mental illness as well as an unrelated physical illness for which he is refusing treatment, cannot be treated for his physical illness against his wishes under the Act. In such cases, however, it might be deemed that the person lacks the mental capacity to consent to treatment of the physical illness, in which case treatment could be given, in the person’s best interests, under the Mental Capacity Act 2005.

However, if the physical illness is causing the mental disorder, or if the physical illness is a direct consequence of the mental disorder, treatment of the physical illness is permitted under the Act.

A common example of this is a person who has a short-lived confused state as a result of a physical illness such as an infection or a heart attack, but who is refusing assessment or treatment of the underlying condition. It is legal to treat such a physical illness under Section 2 of the Mental Health Act, on the grounds that treatment of the physical illness will alleviate symptoms of the mental disorder. However, this is rarely carried out in practice, given that the mental disorder is likely to be extremely transitory and emergency treatment is often necessary. It is more usual for physical illnesses to be treated under the Mental Capacity Act 2005 where appropriate in these circumstances.

On the other hand, enforced re-feeding of severely emaciated people with anorexia nervosa is more likely to take place under the Act, because treatment is likely to be prolonged and is rarely an emergency. Treatment is allowed because anorexia nervosa is classed as a mental disorder, whilst re-feeding is seen to constitute the first stage in treatment for severe cases of that mental disorder.

Lastly, treatment of an attempted suicide, which has been made as a direct result of a mental disorder, can be given under the Act. Again, in practice, this is unusual, as the emergency nature of the situation and the brief timeframe of treatment required usually dictate that treatment is given under the Mental Capacity Act instead.

Community Care and Treatment

The main thrust of the Act provides the power to detain a person in hospital to treat their mental disorder. There is currently no provision allowing compulsory treatment of mentally disordered people in the community. Indeed, the Act was drafted at a time when mental health care was focused on institutions rather than Care in the Community. Since the 1980s, there has been a huge shift in emphasis of mental health care away from inpatient treatment.

Under Sections 7 and 8 of the Act, “guardianship” allows for a mentally disordered person to be required to reside at a specific address, to attend a specific clinic on a regular basis for medical treatment, or to attend various other stipulated venues such as workplaces or educational establishments. However, there is no power to actually enforce the person to comply with these requirements. Indeed, although guardianship can require a person to attend a clinic for treatment, there is no requirement for the person to accept that treatment.

Supervised Community Treatment orders, a form of outpatient commitment, provider the power to return a patient to hospital if a specified treatment regime is not being complied with in the community under Section 17A of the Act. However, treatment cannot be enforced in the community. These orders are applied to the person at the time of his/her discharge from Section 3, and replace “supervised discharge” arrangements under Section 20A which were used until the 2007 amendments came into force. 2018 amendments also strictly limit the use of force while restraining a patient.

Criticisms

There have been concerns amongst mental health professionals that the 2007 amendments have been based more upon tabloid stories on the danger presented by mentally disordered people, especially people with personality disorder such as Michael Stone, than on the practical shortcomings of the unamended Act. Critics asserted that it would mean mental health professionals being “suborned as agents of social control”. Supporters of more restrictive legislation insisted that dangerous people must be detained in hospital by doctors in their own interests and for public protection, regardless of whether they can be treated.

In 2010, detentions under the law were further criticized following the death of mental patient Seni Lewis after being restrained at a mental hospital ward by 11 officers. The Mental Health Units (Use of Force) Act 2018, also known as Seni’s Law, received royal assent in January 2018 after being passed by Parliament and amended the Mental Health Act 1983. requires that mental hospitals provide officer training which create alternatives to the use of force while restraining patients and do better collection of data. The officers must also wear body cameras as well.

Repeals and Extent

This Act did not repeal any other Acts in totality. Schedule 6 lists 28 other Acts which had individual sections repealed. These include the Mental Health Act 1959, the majority of which was repealed by this Act.

  • England and Wales:
    • The entire Act applies to England and Wales.
  • Northern Ireland:
    • Only the parts of the Act defined in s.147 have effect in Northern Ireland.
    • The care of mentally disordered people in Northern Ireland is covered by the Mental Health (Northern Ireland) Order 1986, as amended by the Mental Health (Amendment) (Northern Ireland) Order 2004.
  • Scotland:
    • Only the parts of the Act defined in s.146 have effect in Scotland.
    • The care of mentally disordered people in Scotland is covered by the Mental Health (Care and Treatment) (Scotland) Act 2003.

What is the Management of Depression?

Introduction

Depression is a symptom of some physical diseases; a side effect of some drugs and medical treatments; and a symptom of some mood disorders such as major depressive disorder or dysthymia. Physical causes are ruled out with a clinical assessment of depression that measures vitamins, minerals, electrolytes, and hormones. Management of depression may involve a number of different therapies: medications, behaviour therapy, psychotherapy, and medical devices.

Though psychiatric medication is the most frequently prescribed therapy for major depression, psychotherapy may be effective, either alone or in combination with medication. Combining psychotherapy and antidepressants may provide a “slight advantage”, but antidepressants alone or psychotherapy alone are not significantly different from other treatments, or “active intervention controls”. Given an accurate diagnosis of major depressive disorder, in general the type of treatment (psychotherapy and/or antidepressants, alternate or other treatments, or active intervention) is “less important than getting depressed patients involved in an active therapeutic program.”

Psychotherapy is the treatment of choice in those under the age of 18, with medication offered only in conjunction with the former and generally not as a first line agent. The possibility of depression, substance misuse or other mental health problems in the parents should be considered and, if present and if it may help the child, the parent should be treated in parallel with the child.

Psychotherapy and Behaviour Therapy

There are a number of different psychotherapies for depression which are provided to individuals or groups by psychotherapists, psychiatrists, psychologists, clinical social workers, counsellors or psychiatric nurses. With more chronic forms of depression, the most effective treatment is often considered to be a combination of medication and psychotherapy. Psychotherapy is the treatment of choice in people under 18. A meta-analysis examined the effectiveness of psychotherapy for depression across ages from younger than 13 years to older than 75 years. It summarizes results from 366 trials included 36,702 patients. It found that the best results were for young adults, with an average effect size of g=.98 (95% CI, 0.79-1.16). The effects were smallest for young children (<13 years), g = .35 (95% CI, 0.15-0.55), and second largest in the oldest group, g = .97 (95% CI, 0.42-1.52). The study was not able to compare the different types of therapy to each other. Most of the studies with children used therapies originally developed with adults, which may have reduced the effectiveness. The greater benefits with young adults might be due to a large number of studies including college students, who might have an easier time learning therapy skills and techniques. Most of the studies in children were done in the USA, whereas in older age groups, more balanced numbers of studies came from Europe and other parts of the world as well.

As the most studied form of psychotherapy for depression, cognitive behavioural therapy (CBT) is thought to work by teaching clients to learn a set of cognitive and behavioural skills, which they can employ on their own. Earlier research suggested that cognitive behavioural therapy was not as effective as antidepressant medication in the treatment of depression; however, more recent research suggests that it can perform as well as antidepressants in treating patients with moderate to severe depression. Beck’s treatment manual, Cognitive therapy of depression, has undergone the most research and accumulated the most evidence for its use. However, a number of other CBT manuals also have evidence to support their effectiveness with depression.

The effect of psychotherapy on patient and clinician rated improvement as well as on revision rates have declined steadily from the 1970s.

A systematic review of data comparing low-intensity CBT (such as guided self-help by means of written materials and limited professional support, and website-based interventions) with usual care found that patients who initially had more severe depression benefited from low-intensity interventions at least as much as less-depressed patients.

For the treatment of adolescent depression, one published study found that CBT without medication performed no better than a placebo, and significantly worse than the antidepressant fluoxetine. However, the same article reported that CBT and fluoxetine outperformed treatment with only fluoxetine. Combining fluoxetine with CBT appeared to bring no additional benefit in two different studies or, at the most, only marginal benefit, in a fourth study.

Behaviour therapy for depression is sometimes referred to as behavioural activation. Studies exist showing behavioural activation to be superior to CBT. In addition, behavioural activation appears to take less time and lead to longer lasting change. Two well-researched treatment manuals include Social skills training for depression and Behavioural activation treatment for depression.

Emotionally focused therapy, founded by Sue Johnson and Les Greenberg in 1985, treats depression by identifying and processing underlying emotions. The treatment manual, Facilitating emotional change, outlines treatment techniques.

Acceptance and commitment therapy (ACT), a mindfulness form of CBT, which has its roots in behaviour analysis, also demonstrates that it is effective in treating depression, and can be more helpful than traditional CBT, especially where depression is accompanied by anxiety and where it is resistant to traditional CBT.

A review of four studies on the effectiveness of mindfulness-based cognitive therapy (MBCT), a recently developed class-based program designed to prevent relapse, suggests that MBCT may have an additive effect when provided with the usual care in patients who have had three or more depressive episodes, although the usual care did not include antidepressant treatment or any psychotherapy, and the improvement observed may have reflected non-specific or placebo effects. Of note, although Mindfulness-based cognitive therapy for depression prevented relapse of future depressive episodes, there is no research on whether it can cause the remission of a current depressive episode.

Interpersonal psychotherapy (IPT) focuses on the social and interpersonal triggers that may cause depression. There is evidence that it is an effective treatment for depression. Here, the therapy takes a fairly structured course (often 12 sessions, as in the original research versions) as in the case with CBT; however, the focus is on relationships with others. Unlike family therapy, IPT is an individual format, so it is possible to work on interpersonal themes even if other family members do not come to the session. Therapy can be used to help a person develop or improve interpersonal skills in order to allow him or her to communicate more effectively and reduce stress. In a meta-analysis of 16 studies and 4,356 patients, the average improvement in depressive symptoms was an effect size of d = 0.63 (95% CI, 0.36 to 0.90). IPT combined with pharmacotherapy was more effective in preventing relapse than pharmacotherapy alone, number needed to treat = 7.63.

Psychoanalysis, a school of thought founded by Sigmund Freud that emphasizes the resolution of unconscious mental conflicts, is used by its practitioners to treat clients presenting with major depression. A more widely practiced technique, called psychodynamic psychotherapy, is loosely based on psychoanalysis and has an additional social and interpersonal focus. In a meta-analysis of three controlled trials, psychodynamic psychotherapy was found to be as effective as medication for mild to moderate depression.

Shared Care

Shared decision making is an approach whereby patients and clinicians freely share important evidence when tasked with decision making and where patients are guided to consider the best available options to make an informed decision. The principles are well documented, but there is a gap in that it’s hard to apply them in routine clinical practice. The steps have been simplified into five steps. The first step is seeking patient participation in that the health practitioner is tasked with communicating existing choices and therefore inviting them to the decision making process. The next step involves assisting the patient to explore and compare the treatment options by a critical analysis of the risks and benefits. The third step involves the assessment of the patient’s values and what they prefer taking to account what is of paramount urgency to the patient. Step 4 involves decision making where the patient and the practitioner make a conclusive decision on the best option and arrange for subsequent follow up meetings. Finally, the fifth step involves the analysis of the patient’s decision’. Five steps for you and your patients to work together to make the best possible health care decisions. The step involves monitoring of the degree of implementation, overcoming of barriers of decision implantation consequently the decisions need to be revisited and optimised thus ensuring the decision has a positive impact on health outcomes its success relies on the ability of the health practitioner to create a good interpersonal relationship with the patient.

Depression still remains a major problem in the US whereby statistics have it that 16 million people were affected in the year 2017. The depression is multifactorial and has been on the increase due to societal pressure, genetic association and increase in use of drugs. incorporation of nursing in management of depression may seem important in that nursing holds a pivotal role in health care delivery where they are the health practitioners that have been trained to be versatile from clinical to psychological care. Their incorporation in shared decision making in treating depression may be important as nurses are known to have the best interpersonal relationship with the patients thus a better collaborative model can be achieved due to this fact. With this in mind, the nurses may serve to administer drugs in management, prepare and maintain the patient’s records, interaction with other care staff to achieve optimum care, and organising therapy sessions. In a study another study concerning shared decision-making interventions for people with mental health conditions there were no overt benefits that were discovered and the called for further research in this area. Another study found that it is important to begin the dissemination and implementation of SDM as they proved that it has benefits in healthcare especially in mental health care and has received social and government support and however transitioning to SDM has proven to be an uphill task. It has been suggested that SDM is of importance in demonstrating patient preferences in decision making when there is no clear approach to treatment. In addition, numerous tools can be used to make the decision making the process easier these include the Controlled Preferences Scale that informs clinicians on how to actively involve patients

Commentators suggest that providers need to embrace shared decision making by making sure that patients participate actively in their management thus enabling the success of the model.

Medication

To find the most effective pharmaceutical drug treatment, the dosages of medications must often be adjusted, different combinations of antidepressants tried, or antidepressants changed. Norepinephrine reuptake inhibitor (NRIs) can be used as antidepressants. Selective serotonin reuptake inhibitors (SSRIs), such as sertraline (Zoloft, Lustral), escitalopram (Lexapro, Cipralex), fluoxetine (Prozac), paroxetine (Seroxat), and citalopram, are the primary medications considered, due to their relatively mild side effects and broad effect on the symptoms of depression and anxiety, as well as reduced risk in overdose, compared to their older tricyclic alternatives. Those who do not respond to the first SSRI tried can be switched to another. If sexual dysfunction is present prior to the onset of depression, SSRIs should be avoided. Another popular option is to switch to the atypical antidepressant bupropion (Wellbutrin) or to add bupropion to the existing therapy; this strategy is possibly more effective. It is not uncommon for SSRIs to cause or worsen insomnia; the sedating noradrenergic and specific serotonergic antidepressant (NaSSA) antidepressant mirtazapine (Zispin, Remeron) can be used in such cases. CBT for Insomnia can also help to alleviate the insomnia without additional medication. Venlafaxine (Effexor) from the SNRI class may be moderately more effective than SSRIs; however, it is not recommended as a first-line treatment because of the higher rate of side effects, and its use is specifically discouraged in children and adolescents. Fluoxetine is the only antidepressant recommended for people under the age of 18, though, if a child or adolescent patient is intolerant to fluoxetine, another SSRI may be considered. Evidence of effectiveness of SSRIs in those with depression complicated by dementia is lacking.

Tricyclic antidepressants (TCAs) have more side effects than SSRIs (but less sexual dysfunctions) and are usually reserved for the treatment of inpatients, for whom the tricyclic antidepressant amitriptyline, in particular, appears to be more effective. A different class of antidepressants, the monoamine oxidase inhibitors, have historically been plagued by questionable efficacy (although early studies used dosages now considered too low) and life-threatening adverse effects. They are still used only rarely, although newer agents of this class (RIMA), with a better side effect profile, have been developed.

In older patients TCAs and SSRIs are of the same efficacy. However, there are differences between TCA related antidepressants and classical TCAs in terms of side effect profiles and withdrawal when compared to SSRIs.

There is evidence a prominent side-effect of antidepressants, emotional blunting, is confused with a symptom of depression itself. The cited study, according to Professor Linda Gask was: ‘funded by a pharmaceutical company (Servier) and two of its authors are employees of that company’, which may bias the results. The study authors’ note: “emotional blunting is reported by nearly half of depressed patients on antidepressants and that it appears to be common to all monoaminergic antidepressants not only SSRIs”. Additionally, they note: “The OQuESA scores are highly correlated with the HAD depression score; emotional blunting cannot be described simply as a side-effect of antidepressant, but also as a symptom of depression…More emotional blunting is associated with a poorer quality of remission…”

Acetyl-l-Carnitine

Acetylcarnitine levels were lower in depressed patients than controls and in rats it causes rapid antidepressant effects through epigenetic mechanisms. A systematic review and meta-analysis of 12 randomised controlled trials found “supplementation significantly decreases depressive symptoms compared with placebo/no intervention, while offering a comparable effect with that of established antidepressant agents with fewer adverse effects.”

Zinc

A 2012 cross-sectional study found an association between zinc deficiency and depressive symptoms among women, but not men, and a 2013 meta-analysis of 17 observational studies found that blood zinc concentrations were lower in depressed subjects than in control subjects. A 2012 meta-analysis found that zinc supplementation as an adjunct to antidepressant drug treatment significantly lowered depressive symptom scores of depressed patients. The potential mechanisms underlying the association between low serum zinc and depression remain unclear, but may involve the regulation of neurotransmitter, endocrine and neurogenesis pathways. Zinc supplementation has been reported to improve symptoms of ADHD and depression. A 2013 review found that zinc supplementation may be an effective treatment in major depression.

Magnesium

Many studies have found an association between magnesium intake and depression. Magnesium was lower in serum of depressed patients than controls. One trial found magnesium chloride to be effective for depression in seniors with type 2 diabetes while another trial found magnesium citrate decreased depression in patients with fibromyalgia. One negative trial used magnesium oxide, which is poorly absorbed. A randomised, open-label study found that consumption of magnesium chloride for 6 weeks resulted in a clinically significant net improvement in depression, and that effects were observed within 2 weeks.

Augmentation

Physicians often add a medication with a different mode of action to bolster the effect of an antidepressant in cases of treatment resistance; a 2002 large community study of 244,859 depressed Veterans Administration patients found that 22% had received a second agent, most commonly a second antidepressant. Lithium has been used to augment antidepressant therapy in those who have failed to respond to antidepressants alone. Furthermore, lithium dramatically decreases the suicide risk in recurrent depression. Addition of atypical antipsychotics when the patient has not responded to an antidepressant is also known to increase the effectiveness of antidepressant drugs, albeit at the cost of more frequent and potentially serious side effects. There is some evidence for the addition of a thyroid hormone, triiodothyronine, in patients with normal thyroid function. Stephen M. Stahl, renowned academician in psychopharmacology, has stated resorting to a dynamic psychostimulant, in particular, d-amphetamine is the “classical augmentation strategy for treatment-refractory depression”. However, the use of stimulants in cases of treatment-resistant depression is relatively controversial.

Efficacy of Medication and Psychotherapy

Antidepressants are statistically superior to placebo but their overall effect is low-to-moderate. In that respect they often did not exceed the National Institute for Health and Clinical Excellence (NICE) criteria for a “clinically significant” effect. In particular, the effect size was very small for moderate depression but increased with severity, reaching “clinical significance” for very severe depression. These results were consistent with the earlier clinical studies in which only patients with severe depression benefited from either psychotherapy or treatment with an antidepressant, imipramine, more than from the placebo treatment. Despite obtaining similar results, the authors argued about their interpretation. One author concluded that there “seems little evidence to support the prescription of antidepressant medication to any but the most severely depressed patients, unless alternative treatments have failed to provide benefit.” The other author agreed that “antidepressant ‘glass’ is far from full” but disagreed “that it is completely empty”. He pointed out that the first-line alternative to medication is psychotherapy, which does not have superior efficacy.

Antidepressants in general are as effective as psychotherapy for major depression, and this conclusion holds true for both severe and mild forms of MDD. In contrast, medication gives better results for dysthymia. The subgroup of SSRIs may be slightly more efficacious than psychotherapy. On the other hand, significantly more patients drop off from the antidepressant treatment than from psychotherapy, likely because of the side effects of antidepressants. Successful psychotherapy appears to prevent the recurrence of depression even after it has been terminated or replaced by occasional “booster” sessions. The same degree of prevention can be achieved by continuing antidepressant treatment.

Two studies suggest that the combination of psychotherapy and medication is the most effective way to treat depression in adolescents. Both TADS (Treatment of Adolescents with Depression Study) and TORDIA (Treatment of Resistant Depression in Adolescents) showed very similar results. TADS resulted in 71% of their teen subjects having “much” or “very much” improvement in mood over the 61% with medication alone and 43% with CBT alone. Similarly, TORDIA showed a 55% improvement with CBT and drugs versus a 41% with drug therapy alone. However, a more recent meta-analysis of 34 trials of 14 drugs used with children and adolescents found that only fluoxetine produced significant benefit compared to placebo, with a medium sized effect (standardize mean difference = .5).

Treatment Resistance

The risk factors for treatment resistant depression are: the duration of the episode of depression, severity of the episode, if bipolar, lack of improvement in symptoms within the first couple of treatment weeks, anxious or avoidant and borderline comorbidity and old age. Treatment resistant depression is best handled with a combination of conventional antidepressant together with atypical antipsychotics. Another approach is to try different antidepressants. It is inconclusive which approach is superior. Treatment resistant depression can be misdiagnosed if subtherapeutic doses of antidepressants is the case, patient nonadherence, intolerable adverse effects or their thyroid disease or other conditions is misdiagnosed as depression.

Experimental Treatments

Chromium

Clinical and experimental studies have reported antidepressant activity of chromium particularly in atypical depression, characterised by increased appetite and carbohydrate craving.

Essential Fatty Acids

A 2015 Cochrane Collaboration review found insufficient evidence with which to determine if omega-3 fatty acid has any effect on depression. A 2016 review found that if trials with formulations containing mostly eicosapentaenoic acid (EPA) are separated from trials using formulations containing docosahexaenoic acid (DHA), it appeared that EPA may have an effect while DHA may not, but there was insufficient evidence to be sure.

Creatine

The amino acid creatine, commonly used as a supplement to improve the performance of bodybuilders, has been studied for its potential antidepressant properties. A double-blinded, placebo-controlled trial focusing on women with major depressive disorder found that daily creatine supplementation adjunctive to escitalopram was more effective than escitalopram alone. Studies on mice have found that the antidepressant effects of creatine can be blocked by drugs that act against dopamine receptors, suggesting that the drug acts on dopamine pathways.

Dopamine Receptor Agonist

Some research suggests dopamine receptor agonist may be effective in treating depression, however studies are few and results are preliminary.

Inositol

Inositol, an alcohol sugar found in fruits, beans grains and nuts may have antidepressant effects in high doses. Inositol may exert its effects by altering intracellular signalling.

Ketamine

Research on the antidepressant effects of ketamine infusions at subanaesthetic doses has consistently shown rapid (4 to 72 hours) responses from single doses, with substantial improvement in mood in the majority of patients and remission in some. However, these effects are often short-lived, and attempts to prolong the antidepressant effect with repeated doses and extended (“maintenance”) treatment have resulted in only modest success.

N-Acetylcysteine

A systematic review and meta-analysis of 5 studies found that N-Acetylcysteine reduces depressive symptoms more than placebo and has good tolerability. N-Acetylecysteine may exert benefits as a precursor to the antioxidant glutathione, thus modulating glutamatergic, neurotropic, and inflammatory pathways.

St John’s Wort

A 2008 Cochrane Collaboration meta-analysis concluded that:

“The available evidence suggests that the hypericum extracts tested in the included trials a) are superior to placebo in patients with major depression; b) are similarly effective as standard antidepressants; c) and have fewer side effects than standard antidepressants. The association of country of origin and precision with effects sizes complicates the interpretation.”

The United States National Centre for Complementary and Integrative Health advice is that “St. John’s wort may help some types of depression, similar to treatment with standard prescription antidepressants, but the evidence is not definitive.” and warns that “Combining St. John’s wort with certain antidepressants can lead to a potentially life-threatening increase of serotonin, a brain chemical targeted by antidepressants. St. John’s wort can also limit the effectiveness of many prescription medicines.”

Rhodiola Rosea

A 2011 review reported Rhodiola rosea “is an adaptogen plant that can be especially helpful in treating asthenic or lethargic depression, and may be combined with conventional antidepressants to alleviate some of their common side effects.” A 6 week double-blind, placebo-controlled, randomised study with 89 patients with mild to moderate depression found that R. rosea statistically significantly reduced depression symptoms, and no side effects were reported.

Saffron

A 2013 meta-analysis found that saffron supplementation significantly reduced depression symptoms compared to placebo, and both saffron supplementation and the antidepressant groups were similarly effective in reducing depression symptoms. A 2015 meta-analysis supported the “efficacy of saffron as compared to placebo in improving the following conditions: depressive symptoms (compared to anti-depressants and placebo), premenstrual symptoms, and sexual dysfunction. In addition, saffron use was also effective in reducing excessive snacking behavior.” The antidepressant effect of saffron stigma extracts may be mediated via its components safranal and crocin: “crocin may act via the uptake inhibition of dopamine and norepinephrine, and safranal via serotonin.” Therapeutic doses of saffron exhibits no significant toxicity in both clinical and experimental investigations.

SAMe

S-Adenosyl methionine (SAMe) is available as a prescription antidepressant in Europe and an over-the-counter dietary supplement in the US. Evidence from 16 clinical trials with a small number of subjects, reviewed in 1994 and 1996 suggested it to be more effective than placebo and as effective as standard antidepressant medication for the treatment of major depression.

Tryptophan and 5-HTP

The amino acid tryptophan is converted into 5-hydroxytryptophan (5-HTP) which is subsequently converted into the neurotransmitter serotonin. Since serotonin deficiency has been recognized as a possible cause of depression, it has been suggested that consumption of tryptophan or 5-HTP may therefore improve depression symptoms by increasing the level of serotonin in the brain. 5-HTP and tryptophan are sold over the counter in North America, but requires a prescription in Europe. The use of 5-HTP instead of tryptophan bypasses the conversion of tryptophan into 5-HTP by the enzyme tryptophan hydroxylase, which is the rate-limiting step in the synthesis of serotonin, and 5-HTP easily crosses the blood–brain barrier unlike tryptophan, which requires a transporter.

Small studies have been performed using 5-HTP and tryptophan as adjunctive therapy in addition to standard treatment for depression. While some studies had positive results, they were criticised for having methodological flaws, and a more recent study did not find sustained benefit from their use. The safety of these medications has not been well studied. Due to the lack of high quality studies, preliminary nature of studies showing effectiveness, the lack of adequate study on their safety, and reports of Eosinophilia-myalgia syndrome from contaminated tryptophan in 1989 and 1990, the use of tryptophan and 5-HTP is not highly recommended or thought to be clinically useful.

Medical Devices

A variety of medical devices are in use or under consideration for treatment of depression including devices that offer electroconvulsive therapy, vagus nerve stimulation, repetitive transcranial magnetic stimulation, and cranial electrotherapy stimulation. The use of such devices in the United States requires approval by the US Food and Drug Administration (FDA) after field trials. In 2010 an FDA advisory panel considered the question of how such field trials should be managed. Factors considered were whether drugs had been effective, how many different drugs had been tried, and what tolerance for suicides should be in field trials.

Electroconvulsive Therapy

Electroconvulsive therapy (ECT) is a standard psychiatric treatment in which seizures are electrically induced in patients to provide relief from psychiatric illnesses. ECT is used with informed consent as a last line of intervention for major depressive disorder. Among the elderly, who often experience depression, the efficacy of ECT is difficult to determine due to the lack of trials comparing ECT to other treatments.

A round of ECT is effective for about 50% of people with treatment-resistant major depressive disorder, whether it is unipolar or bipolar. Follow-up treatment is still poorly studied, but about half of people who respond, relapse with twelve months.

Aside from effects in the brain, the general physical risks of ECT are similar to those of brief general anaesthesia. Immediately following treatment, the most common adverse effects are confusion and memory loss. ECT is considered one of the least harmful treatment options available for severely depressed pregnant women.

A usual course of ECT involves multiple administrations, typically given two or three times per week until the patient is no longer suffering symptoms ECT is administered under anaesthetic with a muscle relaxant. Electroconvulsive therapy can differ in its application in three ways: electrode placement, frequency of treatments, and the electrical waveform of the stimulus. These three forms of application have significant differences in both adverse side effects and symptom remission. After treatment, drug therapy is usually continued, and some patients receive maintenance ECT.

ECT appears to work in the short term via an anticonvulsant effect mostly in the frontal lobes, and longer term via neurotrophic effects primarily in the medial temporal lobe.

Deep Brain Stimulation

The support for the use of deep brain stimulation in treatment-resistant depression comes from a handful of case studies, and this treatment is still in a very early investigational stage. In this technique electrodes are implanted in a specific region of the brain, which is then continuously stimulated. A March 2010 systematic review found that “about half the patients did show dramatic improvement” and that adverse events were “generally trivial” given the younger psychiatric patient population than with movements disorders. Deep brain stimulation is available on an experimental basis only in the United States; no systems are approved by the FDA for this use. It is available in Australia.

Repetitive Transcranial Magnetic Stimulation

Transcranial magnetic stimulation (TMS) or deep transcranial magnetic stimulation is a non-invasive method used to stimulate small regions of the brain. During a TMS procedure, a magnetic field generator, or “coil” is placed near the head of the person receiving the treatment. The coil produces small electric currents in the region of the brain just under the coil via electromagnetic induction. The coil is connected to a pulse generator, or stimulator, that delivers electric current to the coil.

TMS was approved by the FDA for treatment-resistant major depressive disorder in 2008 and as of 2014 clinical evidence supports this use. The American Psychiatric Association, the Canadian Network for Mood and Anxiety Disorders, and the Royal Australia and New Zealand College of Psychiatrists have endorsed rTMS for trMDD.

Vagus Nerve Stimulation

Vagus nerve stimulation (VNS) uses an implanted electrode and generator to deliver electrical pulses to the vagus nerve, one of the primary nerves emanating from the brain. It is an approved therapy for treatment-resistant depression in the EU and US and is sometimes used as an adjunct to existing antidepressant treatment. The support for this method comes mainly from open-label trials, which indicate that several months may be required to see a benefit. The only large double-blind trial conducted lasted only 10 weeks and yielded inconclusive results; VNS failed to show superiority over a sham treatment on the primary efficacy outcome, but the results were more favourable for one of the secondary outcomes. The authors concluded “This study did not yield definitive evidence of short-term efficacy for adjunctive VNS in treatment-resistant depression.”

Cranial Electrotherapy Stimulation

A 2014 Cochrane review found insufficient evidence to determine whether or not Cranial electrotherapy stimulation with alternating current is safe and effective for treating depression.

Transcranial Direct Current Stimulation

A 2016 meta-analysis of transcranial direct current stimulation (tDCS) reported some efficacy of tDCS in the treatment of acute depressive disorder with moderate effect size, and low efficacy in treatment-resistant depression, and that use of 2 mA current strength over 20 minutes per day over a short time span can be considered safe.

Other Treatments

Bright Light Therapy

A meta-analysis of bright light therapy commissioned by the American Psychiatric Association found a significant reduction in depression symptom severity associated with bright light treatment. Benefit was found for both seasonal affective disorder and for non-seasonal depression, with effect sizes similar to those for conventional antidepressants. For non-seasonal depression, adding light therapy to the standard antidepressant treatment was not effective. A meta-analysis of light therapy for non-seasonal depression conducted by Cochrane Collaboration, studied a different set of trials, where light was used mostly in combination with antidepressants or wake therapy. A moderate statistically significant effect of light therapy was found, with response significantly better than control treatment in high-quality studies, in studies that applied morning light treatment, and with patients who respond to total or partial sleep deprivation. Both analyses noted poor quality of most studies and their small size, and urged caution in the interpretation of their results. The short 1-2 weeks duration of most trials makes it unclear whether the effect of light therapy could be sustained in the longer term.

Exercise

The 2013 Cochrane Collaboration review on physical exercise for depression noted that, based upon limited evidence, it is moderately more effective than a control intervention and comparable to psychological or antidepressant drug therapies. Smaller effects were seen in more methodologically rigorous studies. Three subsequent 2014 systematic reviews that included the Cochrane review in their analysis concluded with similar findings: one indicated that physical exercise is effective as an adjunct treatment with antidepressant medication; the other two indicated that physical exercise has marked antidepressant effects and recommended the inclusion of physical activity as an adjunct treatment for mild-moderate depression and mental illness in general. These studies also found smaller effect sizes in more methodologically rigorous studies. All four systematic reviews called for more research in order to determine the efficacy or optimal exercise intensity, duration, and modality. The evidence for brain-derived neurotrophic factor (BDNF) in mediating some of the neurobiological effects of physical exercise was noted in one review which hypothesized that increased BDNF signalling is responsible for the antidepressant effect.

Meditation

Mindfulness meditation programs may help improve symptoms of depression, but they are no better than active treatments such as medication, exercise, and other behavioural therapies.

Music Therapy

A 2009 review found that 3 to 10 sessions of music therapy resulted in a noticeable improvement in depressive symptoms, with still greater improvement after 16 to 51 sessions.

Sleep

Depression is sometimes associated with insomnia – (difficulty in falling asleep, early waking, or waking in the middle of the night). The combination of these two results, depression and insomnia, will only worsen the situation. Hence, good sleep hygiene is important to help break this vicious circle. It would include measures such as regular sleep routines, avoidance of stimulants such as caffeine and management of sleeping disorders such as sleep apnoea.

Smoking Cessation

Quitting smoking cigarettes is associated with reduced depression and anxiety, with the effect “equal or larger than” those of antidepressant treatments.

Total/Partial Sleep Deprivation

Sleep deprivation (skipping a night’s sleep) has been found to improve symptoms of depression in 40-60% of patients. Partial sleep deprivation in the second half of the night may be as effective as an all night sleep deprivation session. Improvement may last for weeks, though the majority (50-80%) relapse after recovery sleep. Shifting or reduction of sleep time, light therapy, antidepressant drugs, and lithium have been found to potentially stabilise sleep deprivation treatment effects.

Shared Care

Shared care, when primary and specialty physicians have joint management of an individual’s health care, has been shown to alleviate depression outcomes.

What is Learning Disability?

Introduction

Learning disability, learning disorder, or learning difficulty (British English) is a condition in the brain that causes difficulties comprehending or processing information and can be caused by several different factors. Given the “difficulty learning in a typical manner”, this does not exclude the ability to learn in a different manner. Therefore, some people can be more accurately described as having a “learning difference”, thus avoiding any misconception of being disabled with a lack of ability to learn and possible negative stereotyping. In the United Kingdom, the term “learning disability” generally refers to an intellectual disability, while difficulties such as dyslexia and dyspraxia are usually referred to as “learning difficulties”.

While learning disability, learning disorder and learning difficulty are often used interchangeably, they differ in many ways. Disorder refers to significant learning problems in an academic area. These problems, however, are not enough to warrant an official diagnosis. Learning disability, on the other hand, is an official clinical diagnosis, whereby the individual meets certain criteria, as determined by a professional (such as a psychologist, psychiatrist, speech language pathologist, or paediatrician). The difference is in degree, frequency, and intensity of reported symptoms and problems, and thus the two should not be confused. When the term “learning disorder” is used, it describes a group of disorders characterised by inadequate development of specific academic, language, and speech skills. Types of learning disorders include:

  • Reading (dyslexia);
  • Arithmetic (dyscalculia); and
  • Writing (dysgraphia).

The unknown factor is the disorder that affects the brain’s ability to receive and process information. This disorder can make it problematic for a person to learn as quickly or in the same way as someone who is not affected by a learning disability. People with a learning disability have trouble performing specific types of skills or completing tasks if left to figure things out by themselves or if taught in conventional ways.

Individuals with learning disabilities can face unique challenges that are often pervasive throughout the lifespan. Depending on the type and severity of the disability, interventions, and current technologies may be used to help the individual learn strategies that will foster future success. Some interventions can be quite simplistic, while others are intricate and complex. Current technologies may require student training to be effective classroom supports. Teachers, parents, and schools can create plans together that tailor intervention and accommodations to aid the individuals in successfully becoming independent learners. A multi-disciplinary team frequently helps to design the intervention and to coordinate the execution of the intervention with teachers and parents. This team frequently includes school psychologists, special educators, speech therapists (pathologists), occupational therapists, psychologists, ESL teachers, literacy coaches, and/or reading specialists.

Definition

Representatives of organisations committed to the education and welfare of individuals with learning disabilities are known as National Joint Committee on Learning Disabilities (NJCLD). The NJCLD used the term ‘learning disability’ to indicate a discrepancy between a child’s apparent capacity to learn and his or her level of achievement. Several difficulties existed, however, with the NJCLD standard of defining learning disability. One such difficulty was its belief of central nervous system dysfunction as a basis of understanding and diagnosing learning disability. This conflicted with the fact that many individuals who experienced central nervous system dysfunction, such as those with cerebral palsy, did not experience disabilities in learning. On the other hand, those individuals who experienced multiple handicapping conditions along with learning disability frequently received inappropriate assessment, planning, and instruction. The NJCLD notes that it is possible for learning disability to occur simultaneously with other handicapping conditions, however, the two should not be directly linked together or confused.

In the 1980s, NJCLD, therefore, defined the term learning disability as:

a heterogeneous group of disorders manifested by significant difficulties in the acquisition and use of listening, speaking, reading, writing, reasoning or mathematical abilities. These disorders are intrinsic to the individual and presumed to be due to Central Nervous System Dysfunction. Even though a learning disability may occur concomitantly with other handicapping conditions (e.g. sensory impairment, intellectual disability, social and emotional disturbance) or environmental influences (e.g. cultural differences, insufficient/inappropriate instruction, psychogenic factors) it is not the direct result of those conditions or influences.

The 2002 LD Roundtable produced the following definition:

Concept of LD: Strong converging evidence supports the validity of the concept of specific learning disabilities (SLD). This evidence is particularly impressive because it converges across different indicators and methodologies. The central concept of SLD involves disorders of learning and cognition that are intrinsic to the individual. SLD are specific in the sense that these disorders each significantly affect a relatively narrow range of academic and performance outcomes. SLD may occur in combination with other disabling conditions, but they are not due primarily to other conditions, such as intellectual disability, behavioral disturbance, lack of opportunities to learn, or primary sensory deficits.

The issue of defining learning disabilities has generated significant and ongoing controversy. The term “learning disability” does not exist in DSM-IV, but it has been added to the DSM-5. The DSM-5 does not limit learning disorders to a particular diagnosis such as reading, mathematics, or written expression. Instead, it is a single diagnosis criterion describing drawbacks in general academic skills and includes detailed specifiers for the areas of reading, mathematics, and written expression.

United States and Canada

In the United States and Canada, the terms learning disability and learning disorder (LD) refer to a group of disorders that affect a broad range of academic and functional skills including the ability to speak, listen, read, write, spell, reason, organise information, and do math. People with learning disabilities generally have intelligence that is average or higher.

Legislation in the United States

The Section 504 of the Rehabilitation Act 1973, effective May 1977, guarantees certain rights to people with disabilities, especially in the cases of education and work, such being in schools, colleges and university settings.

The Individuals with Disabilities Education Act, formerly known as the Education for All Handicapped Children Act, is a United States federal law that governs how states and public agencies provide early intervention, special education and related services to children with disabilities. It addresses the educational needs of children with disabilities from birth to the age of 21. Considered as a civil rights law, states are not required to participate.

Canada

In Canada, the first association in support of children with learning disabilities was founded in 1962 by a group of concerned parents. Originally called the Association for Children with Learning Disabilities, the Learning Disabilities Association of Canada – LDAC was created to provide awareness and services for individuals with learning disabilities, their families, at work, and the community. Since education is largely the responsibility of each province and territory in Canada, provinces and territories have jurisdiction over the education of individuals with learning disabilities, which allows the development of policies and support programs that reflect the unique multicultural, linguistic, and socioeconomic conditions of its area.

United Kingdom

In the UK, terms such as specific learning difficulty (SpLD), developmental dyslexia, developmental coordination disorder and dyscalculia are used to cover the range of learning difficulties referred to in the United States as “learning disabilities”. In the UK, the term “learning disability” refers to a range of developmental disabilities or conditions that are almost invariably associated with more severe generalised cognitive impairment. The Lancet defines ‘learning disability’ as a “significant general impairment in intellectual functioning acquired during childhood”, and states that roughly one in 50 British adults have one.

Japan

In Japan, acknowledgement and support for students with learning disabilities has been a fairly recent development, having improved drastically in the 2010s. The first definition for learning disability was coined in 1999, and in 2001, the Enrichment Project for the Support System for Students with Learning Disabilities was established. Since then, there have been significant efforts to screen children for learning disabilities, provide follow-up support, and provide networking between schools and specialists.

Effects

The effects of having a learning disability or learning difference are not limited to educational outcomes: individuals with learning disabilities may experience social problems as well. Neuropsychological differences can affect the accurate perception of social cues with peers. Researchers argue persons with learning disabilities not only experience negative effects as a result of their learning distinctions, but also as a result of carrying a stigmatizing label. It has generally been difficult to determine the efficacy of special education services because of data and methodological limitations. Emerging research suggests adolescents with learning disabilities experience poorer academic outcomes even compared to peers who began high school with similar levels of achievement and comparable behaviours. It seems their poorer outcomes may be at least partially due to the lower expectations of their teachers; national data show teachers hold expectations for students labelled with learning disabilities that are inconsistent with their academic potential (as evidenced by test scores and learning behaviours). It has been said that there is a strong connection between children with a learning disability and their educational performance.

Many studies have been done to assess the correlation between learning disability and self-esteem. These studies have shown that an individual’s self-esteem is indeed affected by his or her awareness of their learning disability. Students with a positive perception of their academic abilities generally tend to have higher self-esteem than those who do not, regardless of their actual academic achievement. However, studies have also shown that several other factors can influence self-esteem. Skills in non-academic areas, such as athletics and arts, improve self-esteem. Also, a positive perception of one’s physical appearance has also been shown to have positive effects of self-esteem. Another important finding is that students with learning disabilities are able to distinguish between academic skill and intellectual capacity. This demonstrates that students who acknowledge their academic limitations but are also aware of their potential to succeed in other intellectual tasks see themselves as intellectually competent individuals, which increases their self-esteem.

Research involving individuals with learning disabilities who exhibit challenging behaviours who are subsequently treated with antipsychotic medications provides little evidence that any benefits outweigh the risk.

Causes

The causes for learning disabilities are not well understood, and sometimes there is no apparent cause for a learning disability. However, some causes of neurological impairments include:

  • Heredity and genetics
    • Learning disabilities are often linked through genetics and run in the family.
    • Children who have learning disabilities often have parents who have the same struggles.
    • Children of parents who had less than 12 years of school are more likely to have a reading disability. Some children have spontaneous mutations (i.e. not present in either parent) which can cause developmental disorders including learning disabilities.
    • One study estimated that about one in 300 children had such spontaneous mutations, for example a fault in the CDK13 gene which is associated with learning and communication difficulties in the children affected.
  • Problems during pregnancy and birth:
    • A learning disability can result from anomalies in the developing brain, illness or injury.
    • Risk factors are foetal exposure to alcohol or drugs and low birth weight (3 pounds or less).
    • These children are more likely to develop a disability in math or reading.
    • Children who are born prematurely, late, have a longer labour than usual, or have trouble receiving oxygen are more likely to develop a learning disability.
  • Accidents after birth:
    • Learning disabilities can also be caused by head injuries, malnutrition, or by toxic exposure (such as heavy metals or pesticides).

Diagnosis

IQ-Achievement Discrepancy

Learning disabilities can be identified by psychiatrists, speech language pathologists, school psychologists, clinical psychologists, counselling psychologists, neuropsychologists, speech language pathologists, and other learning disability specialists through a combination of intelligence testing, academic achievement testing, classroom performance, and social interaction and aptitude. Other areas of assessment may include perception, cognition, memory, attention, and language abilities. The resulting information is used to determine whether a child’s academic performance is commensurate with his or her cognitive ability. If a child’s cognitive ability is much higher than his or her academic performance, the student is often diagnosed with a learning disability. The DSM-IV and many school systems and government programs diagnose learning disabilities in this way (DSM-IV uses the term “disorder” rather than “disability”).

Although the discrepancy model has dominated the school system for many years, there has been substantial criticism of this approach among researchers. Recent research has provided little evidence that a discrepancy between formally measured IQ and achievement is a clear indicator of LD. Furthermore, diagnosing on the basis of a discrepancy does not predict the effectiveness of treatment. Low academic achievers who do not have a discrepancy with IQ (i.e. their IQ scores are also low) appear to benefit from treatment just as much as low academic achievers who do have a discrepancy with IQ (i.e. their IQ scores are higher than their academic performance would suggest).

Since 1998 there have been attempts to create a reference index more useful than IQ to generate predicted scores on achievement tests. For example, for a student whose vocabulary and general knowledge scores matches his/her reading comprehension score a teacher could assume that reading comprehension can be supported through work in vocabulary and general knowledge. If the reading comprehension score is lower in the appropriate statistical sense it would be necessary to first rule out things like vision problems.

Response to Intervention

Much current research has focused on a treatment-oriented diagnostic process known as response to intervention (RTI). Researcher recommendations for implementing such a model include early screening for all students, placing those students who are having difficulty into research-based early intervention programmes, rather than waiting until they meet diagnostic criteria. Their performance can be closely monitored to determine whether increasingly intense intervention results in adequate progress. Those who respond will not require further intervention. Those who do not respond adequately to regular classroom instruction (often called “Tier 1 instruction”) and a more intensive intervention (often called “Tier 2” intervention) are considered “non-responders.” These students can then be referred for further assistance through special education, in which case they are often identified with a learning disability. Some models of RTI include a third tier of intervention before a child is identified as having a learning disability.

A primary benefit of such a model is that it would not be necessary to wait for a child to be sufficiently far behind to qualify for assistance. This may enable more children to receive assistance before experiencing significant failure, which may, in turn, result in fewer children who need intensive and expensive special education services. In the United States, the 2004 reauthorisation of the Individuals with Disabilities Education Act permitted states and school districts to use RTI as a method of identifying students with learning disabilities. RTI is now the primary means of identification of learning disabilities in Florida.

The process does not take into account children’s individual neuropsychological factors such as phonological awareness and memory, that can inform design instruction. By not taking into account specific cognitive processes, RTI fails to inform educators about a students’ relative strengths and weaknesses Second, RTI by design takes considerably longer than established techniques, often many months to find an appropriate tier of intervention. Third, it requires a strong intervention programme before students can be identified with a learning disability. Lastly, RTI is considered a regular education initiative and consists of members of general education teachers, in conjunction with other qualified professionals. Occupational therapists (OT’s) in particular can support students in the educational setting by helping children in academic and non-academic areas of school including the classroom, recess and meal time. They can provide strategies, therapeutic interventions, suggestions for adaptive equipment, and environmental modifications. OT’s can work closely with the child’s teacher and parents to facilitate educational goals specific to each child under an RTI and/or IEP.

Latino English Language Learners

Demographers in the United States report that there has been a significant increase in immigrant children in the United States over the past two decades. This information is vital because it has been and will continue to affect both students and how educators approach teaching methods. Various teaching strategies are more successful for students that are linguistic or culturally diverse versus traditional methods of teaching used for students whose first language is English. It is then also true that the proper way to diagnose a learning disability in English language learners (ELL) differs. In the United States, there has been a growing need to develop the knowledge and skills necessary to provide effective school psychological services, specifically for those professionals who work with immigrant populations.

Currently, there are no standardised guidelines for the process of diagnosing English language learners (ELL) with specific learning disabilities (SLD). This is a problem since many students will fall through the cracks as educators are unable to clearly assess if a student’s delay is due to a language barrier or true learning disability. With an unclear diagnosis, many students will suffer because they will not be provided with the tools they need to succeed in the public education school system. For example, in many occasions teachers have suggested retention or have taken no action at all when they lack experience working with English language learners. Students were commonly pushed toward testing, based on an assumption that their poor academic performance or behavioural difficulties indicated a need for special education. Linguistically responsive psychologist understand that second language acquisition is a process and they understand how to support ELLs’ growth in language and academically. When ELLs are referred for a psychoeducational assessment, it is difficult to isolate and disentangle what are the effects of the language acquisition process, from poor quality educational services, from what may be academic difficulties that result from processing disorders, attention problems, and learning disabilities. Additionally not having trained staff and faculty becomes more of an issue when staff is unaware of numerous types of psychological factors that immigrant children in the US dealing could be potentially dealing with. These factors that include acculturation, fear and/or worry of deportation, separation from social supports such as parents, language barriers, disruptions in learning experiences, stigmatization, economic challenge, and risk factors associated with poverty. In the United States, there are no set policies mandating that all districts employ bilingual school psychologist, nor are schools equipped with specific tools and resources to assist immigrant children and families. Many school districts do not have the proper personnel that is able to communicate with this population.

Spanish-Speaking ELL

A well trained bilingual school psychologist will be able to administer and interpret assessment all psychological testing tool. Also, an emphasis is placed on informal assessment measures such as language samples, observations, interviews, and rating scales as well as curriculum-based measurement to complement information gathered from formal assessments. A compilation of these tests is used to assess whether an ELL student has a learning disability or merely is academically delayed because of language barriers or environmental factors. It is very unfortunate that many schools do not have school psychologist with the proper training nor access to appropriate tools. Also, many school districts frown upon taking the appropriate steps to diagnosing ELL students.

Assessment

Many normed assessments can be used in evaluating skills in the primary academic domains: reading, including word recognition, fluency, and comprehension; mathematics, including computation and problem solving; and written expression, including handwriting, spelling and composition.

The most commonly used comprehensive achievement tests include:

  • The Woodcock-Johnson IV (WJ IV);
  • The Wechsler Individual Achievement Test II (WIAT II);
  • The Wide Range Achievement Test III (WRAT III); and
  • The Stanford Achievement Test–10th edition.

These tests include measures of many academic domains that are reliable in identifying areas of difficulty.

In the reading domain, there are also specialised tests that can be used to obtain details about specific reading deficits. Assessments that measure multiple domains of reading include:

  • Gray’s Diagnostic Reading Tests – 2nd edition (GDRT II); and
  • The Stanford Diagnostic Reading Assessment.

Assessments that measure reading subskills include:

  • The Gray Oral Reading Test IV – Fourth Edition (GORT IV);
  • Gray Silent Reading Test;
  • Comprehensive Test of Phonological Processing (CTOPP);
  • Tests of Oral Reading and Comprehension Skills (TORCS);
  • Test of Reading Comprehension 3 (TORC-3);
  • Test of Word Reading Efficiency (TOWRE); and
  • The Test of Reading Fluency.

A more comprehensive list of reading assessments may be obtained from the Southwest Educational Development Laboratory.

The purpose of assessment is to determine what is needed for intervention, which also requires consideration of contextual variables and whether there are comorbid disorders that must also be identified and treated, such as behavioural issues or language delays. These contextual variables are often assessed using parent and teacher questionnaire forms that rate the students’ behaviours and compares them to standardised norms.

However, caution should be made when suspecting the person with a learning disability may also have dementia, especially as people with Down’s syndrome may have the neuroanatomical profile but not the associated clinical signs and symptoms. Examination can be carried out of executive functioning as well as social and cognitive abilities but may need adaptation of standardised tests to take account of special needs.

Types

Learning disabilities can be categorised by either the type of information processing affected by the disability or by the specific difficulties caused by a processing deficit.

By Stage of Information Processing

Learning disabilities fall into broad categories based on the four stages of information processing used in learning: input, integration, storage, and output. Many learning disabilities are a compilation of a few types of abnormalities occurring at the same time, as well as with social difficulties and emotional or behavioural disorders.

  • Input:
    • This is the information perceived through the senses, such as visual and auditory perception.
    • Difficulties with visual perception can cause problems with recognising the shape, position, or size of items seen.
    • There can be problems with sequencing, which can relate to deficits with processing time intervals or temporal perception.
    • Difficulties with auditory perception can make it difficult to screen out competing sounds in order to focus on one of them, such as the sound of the teacher’s voice in a classroom setting.
    • Some children appear to be unable to process tactile input.
    • For example, they may seem insensitive to pain or dislike being touched.
  • Integration:
    • This is the stage during which perceived input is interpreted, categorised, placed in a sequence, or related to previous learning.
    • Students with problems in these areas may be unable to tell a story in the correct sequence, unable to memorise sequences of information such as the days of the week, able to understand a new concept but be unable to generalise it to other areas of learning, or able to learn facts but be unable to put the facts together to see the “big picture.”
    • A poor vocabulary may contribute to problems with comprehension.
  • Storage:
    • Problems with memory can occur with short-term or working memory, or with long-term memory.
    • Most memory difficulties occur with one’s short-term memory, which can make it difficult to learn new material without more repetitions than usual.
    • Difficulties with visual memory can impede learning to spell.
  • Output:
    • Information comes out of the brain either through words, that is, language output, or through muscle activity, such as gesturing, writing or drawing.
    • Difficulties with language output can create problems with spoken language.
    • Such difficulties include answering a question on demand, in which one must retrieve information from storage, organise our thoughts, and put the thoughts into words before we speak.
    • It can also cause trouble with written language for the same reasons.
    • Difficulties with motor abilities can cause problems with gross and fine motor skills.
    • People with gross motor difficulties may be clumsy, that is, they may be prone to stumbling, falling, or bumping into things.
    • They may also have trouble running, climbing, or learning to ride a bicycle.
    • People with fine motor difficulties may have trouble with handwriting, buttoning shirts, or tying shoelaces.

By Function Impaired

Deficits in any area of information processing can manifest in a variety of specific learning disabilities. It is possible for an individual to have more than one of these difficulties. This is referred to as comorbidity or co-occurrence of learning disabilities. In the UK, the term dual diagnosis is often used to refer to co-occurrence of learning difficulties.

Reading Disorder (ICD-10 and DSM-IV Codes: F81.0/315.00)

Reading disorder is the most common learning disability. Of all students with specific learning disabilities, 70-80% have deficits in reading. The term “Developmental Dyslexia” is often used as a synonym for reading disability; however, many researchers assert that there are different types of reading disabilities, of which dyslexia is one. A reading disability can affect any part of the reading process, including difficulty with accurate or fluent word recognition, or both, word decoding, reading rate, prosody (oral reading with expression), and reading comprehension. Before the term “dyslexia” came to prominence, this learning disability used to be known as “word blindness.”

Common indicators of reading disability include difficulty with phonemic awareness – the ability to break up words into their component sounds, and difficulty with matching letter combinations to specific sounds (sound-symbol correspondence).

Disorder of Written Expression (ICD-10 and DSM-IV-TR Codes 315.2)

The DSM-IV-TR criteria for a disorder of written expression is writing skills (as measured by a standardized test or functional assessment) that fall substantially below those expected based on the individual’s chronological age, measured intelligence, and age-appropriate education, (Criterion A). This difficulty must also cause significant impairment to academic achievement and tasks that require composition of written text (Criterion B), and if a sensory deficit is present, the difficulties with writing skills must exceed those typically associated with the sensory deficit, (Criterion C).

Individuals with a diagnosis of a disorder of written expression typically have a combination of difficulties in their abilities with written expression as evidenced by grammatical and punctuation errors within sentences, poor paragraph organisation, multiple spelling errors, and excessively poor penmanship. A disorder in spelling or handwriting without other difficulties of written expression do not generally qualify for this diagnosis. If poor handwriting is due to an impairment in the individuals’ motor coordination, a diagnosis of developmental coordination disorder should be considered.

By a number of organisations, the term “dysgraphia” has been used as an overarching term for all disorders of written expression.

Math Disability (ICD-10 and DSM-IV Codes F81.2-3/315.1)

Sometimes called dyscalculia, a math disability involves difficulties such as learning math concepts (such as quantity, place value, and time), difficulty memorising math facts, difficulty organising numbers, and understanding how problems are organised on the page. Dyscalculics are often referred to as having poor “number sense”.

Non ICD-10/DSM

  • Nonverbal learning disability:
    • Nonverbal learning disabilities often manifest in motor clumsiness, poor visual-spatial skills, problematic social relationships, difficulty with mathematics, and poor organisational skills.
    • These individuals often have specific strengths in the verbal domains, including early speech, large vocabulary, early reading and spelling skills, excellent rote memory and auditory retention, and eloquent self-expression.
  • Disorders of speaking and listening:
    • Difficulties that often co-occur with learning disabilities include difficulty with memory, social skills and executive functions (such as organisational skills and time management).

Management

Interventions include:

  • Mastery model:
    • Learners work at their own level of mastery.
    • Practice.
    • Gain fundamental skills before moving onto the next level.
      • Note: this approach is most likely to be used with adult learners or outside the mainstream school system.
  • Direct instruction:
    • Emphasizes carefully planned lessons for small learning increments.
    • Scripted lesson plans.
    • Rapid-paced interaction between teacher and students.
    • Correcting mistakes immediately.
    • Achievement-based grouping.
    • Frequent progress assessments.
  • Classroom adjustments:
    • Special seating assignments.
    • Alternative or modified assignments.
    • Modified testing procedures.
    • Quiet environment.
  • Special equipment:
    • Word processors with spell checkers and dictionaries.
    • Text-to-speech and speech-to-text programmes.
    • Talking calculators.
    • Books on tape.
    • Computer-based activities.
  • Classroom assistants:
    • Note-takers.
    • Readers.
    • Proofreaders.
    • Scribes.
  • Special education:
    • Prescribed hours in a resource room.
    • Placement in a resource room.
    • Enrolment in a special school or a separate classroom in a regular school for learning disabled students.
    • Individual education plan (IEP).
    • Educational therapy.

It has been argued that early remediation can greatly reduce the number of children meeting diagnostic criteria for learning disabilities. It has also been suggested that the focus on learning disabilities and the provision of accommodations in school fails to acknowledge that people have a range of strengths and weaknesses, and places undue emphasis on academic success by insisting that people should receive additional support in this arena but not in music or sports. Other research has pinpointed the use of resource rooms as an important – yet often politicised component of educating students with learning disabilities.

Society and Culture

School Laws

Schools in the United States have a legal obligation to new arrivals to the country, including undocumented students. The landmark Supreme Court ruling Plyler v. Doe (1982) grants all children, no matter their legal status, the right to a free education. This ruling suggests that as a country we acknowledge that we have a population of students with specific needs that differ from those of native speakers. Additionally specifically in regards to ELL’s the supreme court ruling Lau v. Nichols (1974) stated that equal treatment in school did not mean equal educational opportunity. Thus if a school teaches a lesson in a language that students do not understand then they are effectively worthless. This ruling is also supported by English language development services provided in schools, but these rulings do not require the individuals that teach and provide services to have any specific training nor is licensing different from a typical teacher or services provider.

Critique of the Medical Model

Learning disability theory is founded in the medical model of disability, in that disability is perceived as an individual deficit that is biological in origin. Researchers working within a social model of disability assert that there are social or structural causes of disability or the assignation of the label of disability, and even that disability is entirely socially constructed. Since the turn of the 19th century, education in the United States has been geared toward producing citizens who can effectively contribute to a capitalistic society, with a cultural premium on efficiency and science. More agrarian cultures, for example, do not even use learning ability as a measure of adult adequacy, whereas the diagnosis of learning disabilities is prevalent in Western capitalistic societies because of the high value placed on speed, literacy, and numeracy in both the labour force and school system.

Culture

There are three patterns that are well known in regards to mainstream students and minority labels in the United States:

  • A higher percentage of minority children than of white children are assigned to special education;
  • Within special education, white children are assigned to less restrictive programmes than are their minority counterparts; and
  • The data – driven by inconsistent methods of diagnosis, treatment, and funding – make the overall system difficult to describe or change.

In the present day, it has been reported that white districts have more children from minority backgrounds enrolled in special education than they do majority students. “It was also suggested that districts with a higher percentage of minority faculty had fewer minority students placed in special education suggesting that ‘minority students are treated differently in predominantly white districts than in predominantly minority districts'”.

Educators have only recently started to look into the effects of culture on learning disabilities. If a teacher ignores a student’s culturally diverse background, the student will suffer in the class. “The cultural repertoires of students from cultural learning disorder backgrounds have an impact on their learning, school progress, and behavior in the classroom”. These students may then act out and not excel in the classroom and will, therefore, be misdiagnosed: “Overall, the data indicates that there is a persistent concern regarding the misdiagnosis and inappropriate placement of students from diverse backgrounds in special education classes since the 1975”.

Social Roots of Learning Disabilities in the US

Learning disabilities have a disproportionate identification of racial and ethnic minorities and students who have low socioeconomic status (SES). While some attribute the disproportionate identification of racial/ethnic minorities to racist practices or cultural misunderstanding, others have argued that racial/ethnic minorities are overidentified because of their lower status. Similarities were noted between the behaviours of “brain-injured” and lower class students as early as the 1960s. The distinction between race/ethnicity and SES is important to the extent that these considerations contribute to the provision of services to children in need. While many studies have considered only one characteristic of the student at a time, or used district- or school-level data to examine this issue, more recent studies have used large national student-level datasets and sophisticated methodology to find that the disproportionate identification of African American students with learning disabilities can be attributed to their average lower SES, while the disproportionate identification of Latino youth seems to be attributable to difficulties in distinguishing between linguistic proficiency and learning ability.

Although the contributing factors are complicated and interrelated, it is possible to discern which factors really drive disproportionate identification by considering a multitude of student characteristics simultaneously. For instance, if high SES minorities have rates of identification that are similar to the rates among high SES Whites, and low SES minorities have rates of identification that are similar to the rates among low SES Whites, we can know that the seemingly higher rates of identification among minorities result from their greater likelihood to have low SES. Summarily, because the risk of identification for White students who have low SES is similar to that of Black students who have low SES, future research and policy reform should focus on identifying the shared qualities or experiences of low SES youth that lead to their disproportionate identification, rather than focusing exclusively on racial/ethnic minorities. It remains to be determined why lower SES youth are at higher risk of incidence, or possibly just of identification, with learning disabilities.

Learning Disabilities in Adulthood

A common misconception about those with learning disabilities is that they outgrow it as they enter adulthood. This is often not the case and most adults with learning disabilities still require resources and care to help manage their disability. One resource available is the Adult Basic Education (ABE) programmes, at the state level. ABE programmes are allotted certain amounts of funds per state in order to provide resources for adults with learning disabilities. This includes resources to help them learn basic life skills in order to provide for themselves. ABE programs also provide help for adults who lack a high school diploma or an equivalent. These programs teach skills to help adults get into the workforce or into a further level of education. There is a certain pathway that these adults and instructors should follow in order to ensure these adults have the abilities needed to succeed in life. Some ABE programs offer GED preparation programmes to support adults through the process to get a GED. It is important to note that ABE programmes do not always have the expected outcome on things like employment. Participants in ABE programmes are given tools to help them succeed and get a job but, employment is dependent on more than just a guarantee of a job post-ABE. Employment varies based on the level of growth a participant experiences in an ABE programme, the personality and behaviour of the participant, and the job market they are entering into following completion of an ABE programme.

Another programme to assist adults with disabilities are federal programmes called “home and community based services” (HCBS). Medicaid funds these programmes for many people through a fee waiver system, however, there are still lots of people on a stand-by list. These programmes are primarily used for adults with Autism Spectrum Disorders. HCBS programmes offer service more dedicated to caring for the adult, not so much providing resources for them to transition into the workforce. Some services provided are: therapy, social skills training, support groups, and counselling.

Contrast with Other Conditions

People with an IQ lower than 70 are usually characterised as having an intellectual disability and are not included under most definitions of learning disabilities because their difficulty in learning are considered to be related directly to their overall low intelligence.

Attention-deficit hyperactivity disorder (ADHD) is often studied in connection with learning disabilities, but it is not actually included in the standard definitions of learning disabilities. An individual with ADHD may struggle with learning, but he or she can often learn adequately once successfully treated for the ADHD. A person can have ADHD but not learning disabilities or have learning disabilities without having ADHD. The conditions can co-occur.

People diagnosed with ADHD sometimes have impaired learning. Some of the struggles people with ADHD have might include lack of motivation, high levels of anxiety, and the inability to process information.[99] There are studies that suggest people with ADHD generally have a positive attitude toward academics and, with developed study skills, can perform just as well as individuals without learning disabilities. Also, using alternate sources of gathering information, such as websites, study groups, and learning centres, can help a person with ADHD be academically successful.[99]

Some research is beginning to make a case for ADHD being included in the definition of LDs since it is being shown to have a strong effect on “executive functions” required for learning. This has not as yet affected any official definitions. Though, historically, ADHD was not clearly distinguished from other disabilities related to learning. Scientific research continues to explore the traits, struggles, and learning styles of those with ADHD.

What is Hysteria?

Introduction

Hysteria is a pejorative term used colloquially to mean ungovernable emotional excess and can refer to a temporary state of mind or emotion.

In the 19th century, hysteria was considered a diagnosable physical illness in females. It is assumed that the basis for diagnosis operated under the belief that women are predisposed to mental and behavioural conditions; a misinterpretation of gender-related differences in stress responses. In the 20th century, it shifted to being considered a mental illness.

Many influential persons such as Sigmund Freud and Jean-Martin Charcot dedicated research to hysteria patients. Currently, most doctors practicing Western medicine do not accept hysteria as a medical diagnosis. The blanket diagnosis of hysteria has been fragmented into myriad medical categories such as epilepsy, histrionic personality disorder, conversion disorders, dissociative disorders, or other medical conditions. Furthermore, lifestyle choices, such as deciding not to wed, are no longer considered symptoms of psychological disorders such as hysteria.

Brief History

The word hysteria originates from the Greek word for uterus, hystera. The oldest record of hysteria dates back to 1900 B.C. when Egyptians recorded behavioural abnormalities in adult women on medical papyrus. The Egyptians attributed the behavioural disturbances to a wandering uterus – thus later dubbing the condition hysteria. To treat hysteria Egyptian doctors prescribed various medications. For example, doctors put strong smelling substances on the patients’ vulvas to encourage the uterus to return to its proper position. Another tactic was to smell or swallow unsavoury herbs to encourage the uterus to flee back to the lower part of the female’s abdomen.

The ancient Greeks accepted the ancient Egyptians’ explanation for hysteria; however, they included in their definition of hysteria the inability to bear children or the failure to marry. Ancient Romans also attributed hysteria to an abnormality in the womb; however, discarded the traditional explanation of a wandering uterus. Instead, the ancient Romans credited hysteria to a disease of the womb or a disruption in reproduction (i.e. a miscarriage, menopause, etc.).[5] Hysteria theories from the ancient Egyptians, ancient Greeks, and ancient Romans were the basis of the Western understanding of hysteria.

Between the fifth and thirteenth centuries, however, the increasing influence of Christianity in the Latin West altered medical and public understanding of hysteria. St. Augustine’s writings suggested that human suffering resulted from sin, and thus, hysteria became perceived as satanic possession. With the shift in perception of hysteria came a shift in treatment options. Instead of admitting patients to a hospital, the church began treating patients through prayers, amulets, and exorcisms. Furthermore, during the Renaissance period many patients of hysteria were prosecuted as witches and underwent interrogations, torture, and execution.

However, during the sixteenth and seventeenth centuries activists and scholars worked to change the perception of hysteria back to a medical condition. Particularly, French physician Charles Lepois insisted that hysteria was a malady of the brain. In addition, in 1697, English physician Thomas Sydenham theorised that hysteria was an emotional condition, instead of a physical condition. Many physicians followed Lepois and Sydenham’s lead and hysteria became disassociated with the soul and the womb. During this time period, science started to focalize hysteria in the central nervous system. As doctors developed a greater understanding of the human nervous system, the neurological model of hysteria was created, which further propelled the conception of hysteria as a mental disorder.

In 1859, Paul Briquet defined hysteria as a chronic syndrome manifesting in many unexplained symptoms throughout the body’s organ systems. What Briquet described became known as Briquet’s syndrome, or Somatization disorders, in 1971. Over a ten year period, Briquet conducted 430 case studies of patients with hysteria. Following Briquet, Jean-Martin Charcot studied women in an asylum in France and used hypnosis as treatment. He also mentored Pierre Janet, another French psychologist, who studied five of hysteria’s symptoms (anaesthesia, amnesia, abulia, motor control diseases, and character change) in depth and proposed that hysteria symptoms occurred due to a lapse in consciousness. Both Charcot and Janet inspired Sigmund Freud’s work. Freud theorised hysteria stemmed from childhood sexual abuse or repression, and was also one of the first to apply hysteria to men.

During the 20th century, as psychiatry advanced in the West, anxiety and depression diagnoses began to replace hysteria diagnoses in Western countries. For example, from 1949 to 1978, annual admissions of hysteria patients in England and Wales decreased by roughly two thirds. With the decrease of hysteria patients in Western cultures came an increase in anxiety and depression patients. Although declining in the West, in Eastern countries such as Sudan, Egypt, and Lebanon hysteria diagnoses remained consistent. Theories for why hysteria diagnoses began to decline vary, but many historians infer that World War II, westernisation, and migration shifted Western mental health expectations. Twentieth century western societies expected depression and anxiety manifest itself more in post World War II generations and displaced individuals; and thus, individuals reported or were diagnosed accordingly. In addition, medical advancements explained ailments that were previously attributed to hysteria such as epilepsy or infertility. In 1980, after a gradual decline in diagnoses and reports, hysteria was removed from the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM), which had included hysteria as a mental disorder from its second publication in 1968.

Historical Symptoms

Historically, hysteria has had a range of symptoms, including:

  • Shortness of breath.
  • Anxiety.
  • Insomnia.
  • Fainting.
  • Amnesia.
  • Paralysis.
  • Pain.
  • Spasms.
  • Convulsive fits.
  • Vomiting.
  • Deafness.
  • Bizarre movements.
  • Seizures.
  • Hallucinations.
  • Inability to speak
  • infertility.

Historical Treatment

  • Regular marital sex.
  • Pregnancy.
  • Childbirth.
  • Proximal convulsions/orgasms.
  • Rest Cure.

Notable Figures

Jean-Martin Charcot

In the late nineteenth century, French neurologist Jean-Martin Charcot, attempted to tackle what he referred to as, “the great neurosis” or hysteria. Charcot theorised that hysteria was a hereditary, physiological disorder. He believed hysteria impaired areas of the brain which provoked the physical symptoms displayed in each patient. While Charcot believed hysteria was hereditary, he also thought that environmental factors such as stress could trigger hysteria in an individual.

Charcot published over 120 case studies of patients who he diagnosed with hysteria, including Marie “Blanche” Whittman. Whittman was referred to as the “Queen of Hysterics,” and remains the most famous patient of hysteria. To treat his patients, Charcot used hypnosis, which he determined was only successful when used on hysterics. Using patients as props, Charcot executed dramatic public demonstrations of hysterical patients and his cures for hysteria, which many suggest produced the hysterical phenomenon. Furthermore, Charcot noted similarities between demon possession and hysteria, and thus, he concluded “demonomania” was a form of hysteria.

Sigmund Freud

In 1896, Sigmund Freud, who was an Austrian psychiatrist, published “The Aetiology of Hysteria”. The paper explains how Freud believes his female patients’ neurosis, which he labels hysteria, resulted from sexual abuse as children. Freud named the concept of physical symptoms resulting from childhood trauma: hysterical conversion. Freud hypothesized that in order to cure hysteria the patient must relive the experiences through imagination in the most vivid form while under light hypnosis. However, Freud later changed his theory. His new theory claimed that his patients imagined the instances of sexual abuse, which were instead repressed childhood fantasies. By 1905, Freud retracted the theory of hysteria resulting from repressed childhood fantasies. Freud was also one of the first noted psychiatrist to attribute hysteria to men. He diagnosed himself with hysteria – writing he feared his work exacerbated his condition.

Modern Perceptions

For the most part, hysteria does not exist as a medical diagnosis in Western culture and has been replaced by other diagnoses such as conversion or functional disorders. The effects of hysteria as a diagnosable illness in the 18th and 19th centuries has had a lasting effect on the medical treatment of women’s health. The term hysterical, applied to an individual, can mean that they are emotional, irrationally upset, or frenzied. When applied to a situation that does not involve panic, hysteria means that situation is uncontrollably amusing (the connotation being that it invokes hysterical laughter). Hysteria can also impact groups, medically and colloquially referred to as mass hysteria or mass psychogenic illness. Instances of mass hysteria have been recorded throughout history and continue to occur today.

What is the Gut-Brain Axis?

Introduction

The gut-brain axis is the biochemical signalling that takes place between the gastrointestinal tract (GI tract) and the central nervous system (CNS).

The term “gut-brain axis” is occasionally used to refer to the role of the gut flora in the interplay as well, whereas the term “microbiota–gut–brain (MGB or BGM) axis” explicitly includes the role of gut flora in the biochemical signalling events that take place between the GI tract and CNS.

Broadly defined, the gut-brain axis includes the central nervous system, neuroendocrine and neuroimmune systems, including the hypothalamic-pituitary-adrenal axis (HPA axis), sympathetic and parasympathetic arms of the autonomic nervous system, including the enteric nervous system and the vagus nerve, and the gut microbiota. The first of the brain-gut interactions shown, was the cephalic phase of digestion, in the release of gastric and pancreatic secretions in response to sensory signals, such as the smell and sight of food. This was first demonstrated by Pavlov.

Interest in the field was sparked by a 2004 study showing that germ-free (GF) mice showed an exaggerated HPA axis response to stress compared to non-GF laboratory mice.

As of October 2016, most of the work done on the role of gut flora in the gut-brain axis had been conducted in animals, or on characterising the various neuroactive compounds that gut flora can produce. Studies with humans – measuring variations in gut flora between people with various psychiatric and neurological conditions or when stressed, or measuring effects of various probiotics (dubbed “psychobiotics” in this context) – had generally been small and were just beginning to be generalised. Whether changes to gut flora are a result of disease, a cause of disease, or both in any number of possible feedback loops in the gut–brain axis, remained unclear.

Gut Flora

The gut flora is the complex community of microorganisms that live in the digestive tracts of humans and other animals. The gut metagenome is the aggregate of all the genomes of gut microbiota. The gut is one niche that human microbiota inhabit.

In humans, the gut microbiota has the largest quantity of bacteria and the greatest number of species, compared to other areas of the body. In humans, the gut flora is established at one to two years after birth; by that time, the intestinal epithelium and the intestinal mucosal barrier that it secretes have co-developed in a way that is tolerant to, and even supportive of, the gut flora and that also provides a barrier to pathogenic organisms.

The relationship between gut flora and humans is not merely commensal (a non-harmful coexistence), but rather a mutualistic relationship. Human gut microorganisms benefit the host by collecting the energy from the fermentation of undigested carbohydrates and the subsequent absorption of short-chain fatty acids (SCFAs), acetate, butyrate, and propionate. Intestinal bacteria also play a role in synthesizing vitamin B and vitamin K as well as metabolising bile acids, sterols, and xenobiotics. The systemic importance of the SCFAs and other compounds they produce are like hormones and the gut flora itself appears to function like an endocrine organ; dysregulation of the gut flora has been correlated with a host of inflammatory and autoimmune conditions.

The composition of human gut flora changes over time, when the diet changes, and as overall health changes.

Enteric Nervous System

The enteric nervous system is one of the main divisions of the nervous system and consists of a mesh-like system of neurons that governs the function of the gastrointestinal system; it has been described as a “second brain” for several reasons. The enteric nervous system can operate autonomously. It normally communicates with the central nervous system (CNS) through the parasympathetic (e.g. via the vagus nerve) and sympathetic (e.g. via the prevertebral ganglia) nervous systems. However, vertebrate studies show that when the vagus nerve is severed, the enteric nervous system continues to function.

In vertebrates, the enteric nervous system includes efferent neurons, afferent neurons, and interneurons, all of which make the enteric nervous system capable of carrying reflexes in the absence of CNS input. The sensory neurons report on mechanical and chemical conditions. Through intestinal muscles, the motor neurons control peristalsis and churning of intestinal contents. Other neurons control the secretion of enzymes. The enteric nervous system also makes use of more than 30 neurotransmitters, most of which are identical to the ones found in CNS, such as acetylcholine, dopamine, and serotonin. More than 90% of the body’s serotonin lies in the gut, as well as about 50% of the body’s dopamine; the dual function of these neurotransmitters is an active part of gut-brain research.

The first of the gut-brain interactions was shown to be between the sight and smell of food and the release of gastric secretions, known as the cephalic phase, or cephalic response of digestion.

Gut-Brain Integration

The gut-brain axis, a bidirectional neurohumoral communication system, is important for maintaining homeostasis and is regulated through the central and enteric nervous systems and the neural, endocrine, immune, and metabolic pathways, and especially including the hypothalamic-pituitary-adrenal axis (HPA axis). That term has been expanded to include the role of the gut flora as part of the “microbiome-gut-brain axis”, a linkage of functions including the gut flora.

Interest in the field was sparked by a 2004 study (Nobuyuki Sudo and Yoichi Chida) showing that germ-free mice (genetically homogeneous laboratory mice, birthed and raised in an antiseptic environment) showed an exaggerated HPA axis response to stress, compared to non-GF laboratory mice.

The gut flora can produce a range of neuroactive molecules, such as acetylcholine, catecholamines, γ-aminobutyric acid, histamine, melatonin, and serotonin, which are essential for regulating peristalsis and sensation in the gut. Changes in the composition of the gut flora due to diet, drugs, or disease correlate with changes in levels of circulating cytokines, some of which can affect brain function. The gut flora also release molecules that can directly activate the vagus nerve, which transmits information about the state of the intestines to the brain.

Likewise, chronic or acutely stressful situations activate the hypothalamic-pituitary-adrenal axis, causing changes in the gut flora and intestinal epithelium, and possibly having systemic effects. Additionally, the cholinergic anti-inflammatory pathway, signalling through the vagus nerve, affects the gut epithelium and flora. Hunger and satiety are integrated in the brain, and the presence or absence of food in the gut and types of food present also affect the composition and activity of gut flora.

That said, most of the work that has been done on the role of gut flora in the gut-brain axis has been conducted in animals, including the highly artificial germ-free mice. As of 2016, studies with humans measuring changes to gut flora in response to stress, or measuring effects of various probiotics, have generally been small and cannot be generalised; whether changes to gut flora are a result of disease, a cause of disease, or both in any number of possible feedback loops in the gut-brain axis, remains unclear.

The history of ideas about a relationship between the gut and the mind dates from the nineteenth century. The concepts of dyspepsia and neurasthenia gastrica referred to the influence of the gut on human emotions and thoughts.

Gut-Brain-Skin Axis

A unifying theory that tied gastrointestinal mechanisms to anxiety, depression, and skin conditions such as acne was proposed as early as 1930. In a paper in 1930, it was proposed that emotional states might alter normal intestinal flora which could lead to increased intestinal permeability and therefore contribute to systemic inflammation. Many aspects of this theory have been validated since then. Gut microbiota and oral probiotics have been found to influence systemic inflammation, oxidative stress, glycaemic control, tissue lipid content, and mood.

Research

Probiotics

A 2016 systematic review of laboratory animal studies and preliminary human clinical trials using commercially available strains of probiotic bacteria found that certain species of the Bifidobacterium and Lactobacillus genera (i.e. B. longum, B. breve, B. infantis, L. helveticus, L. rhamnosus, L. plantarum, and L. casei) had the most potential to be useful for certain central nervous system disorders.

Anxiety and Mood Disorders

As of 2018 work on the relationship between gut flora and anxiety disorders and mood disorders, as well as attempts to influence that relationship using probiotics or prebiotics (called “psychobiotics”), was at an early stage, with insufficient evidence to draw conclusions about a causal role for gut flora changes in these conditions, or about the efficacy of any probiotic or prebiotic treatment.

People with anxiety and mood disorders tend to have gastrointestinal problems; small studies have been conducted to compare the gut flora of people with major depressive disorder and healthy people, but those studies have had contradictory results.

Much interest was generated in the potential role of gut flora in anxiety disorders, and more generally in the role of gut flora in the gut-brain axis, by studies published in 2004 showing that germ-free mice have an exaggerated HPA axis response to stress caused by being restrained, which was reversed by colonising their gut with a Bifidobacterium species. Studies looking at maternal separation for rats shows neonatal stress leads to long-term changes in the gut microbiota such as its diversity and composition, which also led to stress and anxiety-like behaviour. Additionally, while much work had been done as of 2016 to characterise various neurotransmitters known to be involved in anxiety and mood disorders that gut flora can produce (for example, Escherichia, Bacillus, and Saccharomyces species can produce noradrenalin; Candida, Streptococcus, and Escherichia species can produce serotonin, etc.) the interrelationships and pathways by which the gut flora might affect anxiety in humans were unclear.

In one study, germ-free mice underwent faecal transplants with microbes from humans with or without major depressive disorder (MDD). Mice with microbes from humans with MDD displayed more behaviours associated with anxiety and depression than mice transplanted with microbes from humans without MDD. The taxonomic composition of microbiota between depressed patients and healthy patients, as well as between the respective mice, also differed. Germ-free mice in another study also displayed behaviours associated with anxiety and depression as compared to mice with normal microbiota, and had higher levels of corticosterone after exposure to behavioural tests. Using rodents in microbiome and mental health studies allows researchers to compare behaviour and microbial composition of rodents to humans, ideally to elucidate therapeutic application for mental disorders.

Additionally, there is a link between the gut microbiome, mood disorders and anxiety, and sleep. The microbial composition of the gut microbiome changes depending on the time of day, meaning that throughout the day, the gut is exposed to varying metabolites produced by the microbes active during that time. These time-dependent microbial changes are associated with differences in the transcription of circadian clock genes involved in circadian rhythm. One mouse study showed that altering clock gene transcription by disrupting circadian rhythm, such as through sleep deprivation, potentially has a direct effect on the composition of the gut microbiome. Another study found that mice that could not produce the CLOCK protein, made by a clock gene, were more likely to develop depression. Stress and sleep disturbances can lead to greater gut mucosal permeability via activation of the HPA axis. This in turn causes immune inflammatory responses that contribute to the development of illnesses that cause depression and anxiety.

Autism

Around 70% of people with autism also have gastrointestinal problems, and autism is often diagnosed at the time that the gut flora becomes established, indicating that there may be a connection between autism and gut flora. Some studies have found differences in the gut flora of children with autism compared with children without autism – most notably elevations in the amount of Clostridium in the stools of children with autism compared with the stools of the children without – but these results have not been consistently replicated. Many of the environmental factors thought to be relevant to the development of autism would also affect the gut flora, leaving open the question of whether specific developments in the gut flora drive the development of autism or whether those developments happen concurrently. As of 2016, studies with probiotics had only been conducted with animals; studies of other dietary changes to treat autism have been inconclusive.

Parkinson’s Disease

As of 2015, one study had been conducted comparing the gut flora of people with Parkinson’s disease to healthy controls; in that study people with Parkinson’s had lower levels of Prevotellaceae and people with Parkinson’s who had higher levels of Enterobacteriaceae had more clinically severe symptoms; the authors of the study drew no conclusions about whether gut flora changes were driving the disease or vice versa.