Mental Health Act 1983
The Mental Health Act 1983 (MHA 1983) provides the legal framework for the compulsory admission, detention, and treatment of people with mental disorders in England and Wales. The Act replaced the Mental Health Act 1959 and was significantly amended by the Mental Health Act 2007. The Act sets out the criteria for detention under various sections (known as ‘sections’ in common parlance), patients’ rights of appeal, the role of the Mental Health Tribunal, the functions of the Approved Mental Health Professional (AMHP) and Responsible Clinician, and the provisions for community treatment orders and supervised community treatment. The Act applies to England and Wales, with separate legislation in Scotland (Mental Health (Care and Treatment) (Scotland) Act 2003).
Legal area: Medical law governs the provision of healthcare, the rights and duties of healthcare professionals and patients, and the regulation of medical treatment.
Citation: Mental Health Act 1983 (1983 c 20)
Full text: https://www.legislation.gov.uk/ukpga/1983/20
Key Provisions
- Section 2: Admission for assessment (28 days, two medical recommendations)
- Section 3: Admission for treatment (six months, renewable)
- Section 4: Emergency admission (72 hours, one medical recommendation)
- Section 17: Leave of absence from hospital
- Part III: Patients concerned in criminal proceedings (hospital orders, restriction orders)
- Part IV: Consent to treatment (capacity and second opinion requirements)
- Part V: Mental Health Tribunal (right of appeal and discharge powers)
Significance
The Mental Health Act 1983 governs the compulsory detention of approximately 50,000 people annually in England and Wales. The Act is the subject of significant criticism and reform proposals. The Independent Review of the Mental Health Act 2018 (the Wessely Review) made 154 recommendations, including new statutory criteria for detention and the reduction of racial disparities in detention rates. The government announced in 2021 its intention to introduce a Mental Health Act Reform Bill, addressing the disproportionate detention of Black people and people with autism and learning disabilities.