section 1 (Mental Health Act)

Last reviewed 01/2018

Section 1 of the Mental Health Act defines mental disorder. A patient must be suffering from a mental disorder, as defined by the Act, if they are to be compulsorily detained using the Act.

the Mental Health Act 1983 has been amended by the Mental Health Act 2007 (but is still termed the Mental Health Act 1983)

• the Mental Health Act 2007 has change the definition of Mental Disorders covered by the Mental Health Act
  • now defined as "any disorder or disability of the mind"
    • simplified definition now applies to all sections of the Act
    • four forms of mental disorder (mental illness, mental impairment, severe mental impairment and psychopathic disorder) have disappeared
      • potentially means some people previously excluded are now included e.g. there may be some people with an acquired brain injury who were not covered by the term "mental impairment or severe mental impairment" who could now benefit from the protections of the Act
  • there are two exemptions specifically referred to:
    • Learning Disability
      • a person with learning disability may be only detained if that disability is associated with abnormally aggressive or seriously irresponsible conduct. This does not, of course, preclude the use of compulsion for people who have another form of mental disorder (such as a mental illness) in addition to their learning disability
      • applies to all those sections that relate to longer-term compulsory treatment or care for a mental disorder (in particular section 3, section 7 (Guardianship), section 17A (Supervised Community Treatment) and forensic sections under Part 3 of the Act)
    • Dependence on alcohol or drugs
      • refers only to dependence and does not exclude the effects of substances, such as intoxication, psychosis and delirium
    • note that the previous exemptions for "promiscuity or other immoral act" have not been included in the amendments made by the 2007 Mental Health Act
      • means that persons diagnosed with paedophilia can be detained in hospital by virtue of that alone