Psychiatric Bulletin (2003) 27: 37-38. doi: 10.1192/pb.27.1.37-b
© 2003 The Royal College of Psychiatrists
Psychiatric Bulletin (2003) 27: 37-38
© 2003 The Royal College of Psychiatrists
The Human Rights Act and Mental Health
By W. Armstrong, J. Cummings, K. Gledhill and P. Edwards
Herschel Prins
Loughborough, Nottingham Trent and Leicester Universities
(2nd edn), plus accompanying video. Petworth: Mensana Consultants and The
Institute of Mental Health Law. 2000. 30pp. £282.00.
It seems fashionable these days to combine the written word with an
audiovisual presentation, particularly in the field of professional education
and this offering is a fairly recent example. As a now retired, long-serving,
lay member of the mental health review tribunal (MHRT), I was interested to
see what this combined product had to offer. However, before doing so, a word
or two concerning the context may be helpful. When the Human Rights Act came
into force in October 2000, it was hailed by the Government as an important
means of giving citizens the right to challenge the activities of the State
through the courts. At the time of its inception, some mental health lawyers
thought the impact of the Act would provide considerable opportunities for
challenge (a view put forward in the video). A more balanced view indicated
that if tribunals followed the ‘rules’ correctly, little
litigation would be likely to ensue. This seems to have been the case, since
(as far as I have been able to ascertain informally) only a few cases await
judicial review and these seem mainly concerned with matters of
interpretation, disclosure and delays. The booklet, of some 30 pages, to be
read in conjunction with the video, deals with ‘The Law of European
Convention’; ‘Possible Challenges’; ‘Possible
Defences’; ‘Relevant Parts of the Human Rights Act’;
‘Schedule 1 of the Act’ and ‘Judgments of the European Court
of Human Rights’. I found the section devoted to the Law of the European
Convention the most interesting. The other sections will be of most interest
(and comprehension) to lawyers! I viewed the video in the company of my
daughter (who is a lawyer, but does not specialise in mental health law) and
her partner, who is a retired educationalist. The copy we received was of poor
sound quality (I tried it on two different video machines to make sure it was
the video and not the equipment). The introductory musical
‘jingle’ was very off-putting. However, for the most part, the
presentation by four professionals (three experienced lawyers and an advocacy
manager) was competent enough and easy to ‘access.’ However, the
production's biggest weakness was the fact that it was made prior to the
actual implementation of the Act. It therefore really needs updating. Even
allowing for the high cost of producing professional videos, it is very
expensive. I do not imagine individuals will think they can afford it for
their personal use, but training bodies may feel they should buy it —
allowing for budgetary constraints. The pack is not without its merits and I
shall probably donate mine to our regional tribunal office as a belated
leaving present — I retired a year ago!
