In-depth analysis of United Kingdom case law regarding mental health.
This paper outlines the history of mental health law in the UK, identifying a number of key principles of health care economics and ethics, with a focus on the particular incentives and trade-offs that are raised by these principles at three levels of the mental health system: government and society; purchasers and providers; and users and caretakers. The paper then suggests that there is a need to move towards a more open, accountable, and evidence-based mental health care system, which would be fully supported by UK law.
Table of Contents
History of UK Case Law
Draft Mental Incapacity Bill
The Fundamental Principle Behind Medical Law in the UK
Capacity Law
Problems in Mental Health Systems in the UK
A Right to Health Care: The Libertarian Objection
Whom to Sacrifice
The Struggle Between Ethics and Economics in Mental Healthcare
Four Principles of Healthcare Economics
Four Principles of Healthcare Ethics
Tensions in Healthcare Decision-Making
Government and Society
Purchasers and Providers
Economic Incentives
Ethical Trade-offs
Users and Caretakers
Linking the Past to the Present
Table of Contents
History of UK Case Law
Draft Mental Incapacity Bill
The Fundamental Principle Behind Medical Law in the UK
Capacity Law
Problems in Mental Health Systems in the UK
A Right to Health Care: The Libertarian Objection
Whom to Sacrifice
The Struggle Between Ethics and Economics in Mental Healthcare
Four Principles of Healthcare Economics
Four Principles of Healthcare Ethics
Tensions in Healthcare Decision-Making
Government and Society
Purchasers and Providers
Economic Incentives
Ethical Trade-offs
Users and Caretakers
Linking the Past to the Present
“In the United Kingdom, a debate has surfaced in recent years regarding existing mental health laws . This debate raises important questions about human rights, duty of care, individual responsibility, the nature of mental illness and the purpose of mental health services. The focus of this debate revolves around the libertarian principles of autonomy and self-determination. In basic terms, stakeholders in the debate, including mental health professionals, insurance companies, patients and family members, have varying ideas regarding whether or not we can justify the legalized use of force by mental health services on individuals diagnosed with a mental disorder who have not committed a crime.”
History of UK Case Law
Draft Mental Incapacity Bill
The Fundamental Principle Behind Medical Law in the UK
Capacity Law
Problems in Mental Health Systems in the UK
A Right to Health Care: The Libertarian Objection
Whom to Sacrifice
The Struggle Between Ethics and Economics in Mental Healthcare
Four Principles of Healthcare Economics
Four Principles of Healthcare Ethics
Tensions in Healthcare Decision-Making
Government and Society
Purchasers and Providers
Economic Incentives
Ethical Trade-offs
Users and Caretakers
Linking the Past to the Present