Approved Clinician Induction: Module 2 – A legal perspective

by Neil Allen


Published: July 2020


According to Lady Hale, 'psychiatry is not an exact science. Diagnosis is not easy or clear' (R (on the application of B) v Ashworth [2005] 2 All ER 289). How, then, does the law regulate psychiatry when it comes to hospital admission and treatment? The practice of a section 12 (s.12) doctor or approved clinician (AC) is not confined to the silo of the Mental Health Act (MHA) 1983 but instead reaches across a range of mental health, mental capacity and human rights laws.


Using video and visual material, this module first sets out the legal framework for the s.12 doctor/AC role. After explaining the MHA assessment process, it then considers the interfaces with the Mental Capacity Act (MCA) 2005 and the Children Act 1989, before examining the specific safeguards of the MHA 1983. It ends with a legal analysis of the law around treatment for mental and physical ill health. The common thread throughout the module is respect for human rights.


Start the module




If you like this module, you may also be interested in:


Mental Health Act 1983: Criteria for detention by Dr Guy Brookes, Dr Tim Branton and Dr Nick Brindle


Mental Health Act 1983: Safeguards (England) by Dr Guy Brookes, Dr Tim Branton and Dr Nick Brindle


Community Treatment Orders by Dr Guy Brookes, Dr Nick Brindle and Dr Tim Branton


Mental health and tribunal law: Part 1 – an introduction by Dr Sanjay Khurmi


Mental health and tribunal law: Part 2 – Section 72 of the Mental Health Act by Dr Sanjay Khurmi


Human rights and the Human Rights Act 1998 – implications for psychiatrists by Dr Martin Curtice and Dr Richard Symonds




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