§ Mr. Murphyasked the Secretary of State for Social Services whether he will revise the boundaries of the administrative areas for both geriatric and psychiatric provision so that the two coincide, particularly as they relate to Hertfordshire.
§ Mr. Kenneth ClarkeAdministrative arrangements for the provision of services are best decided locally by the responsible authorities. If my hon. Friend has particular problems in mind. I would be happy to discuss them with him.
§ Mr. Charles Irvingasked the Secretary of State for Social Services what safeguards currently exist to prevent patients informally admitted to psychiatric hospitals, who wish to remain in hospital and who are accepting treatment, from being compulsorily detained and compulsorily treated solely on the basis that they have refused a specific form of treatment from a specific doctor.
§ Mr. Kenneth ClarkeSuch detention would be quite illegal. The criteria for detention under the Mental Health Act 1959 are strict. A person can be compulsorily admitted to and detained in hospital only if he is suffering from mental disorder—as defined by the Act—of a nature or degree which warrants his detention in hospital and if that detention is necessary in the interests of his own health or safety or for the protection of others. A number of safeguards exist for detained patients, including the right, for those detained under the longer-term powers, to have their case heard by an independent mental health review tribunal. The Mental Health (Amendment) Act 1982 will from 30 September 1983 double the opportunities for a patient to have a tribunal hearing, and extend the right to patients detained for up to 28 days under section 25. It will580W also establish a Mental Health Act Commission which will monitor the use of compulsory detention and have particular regard to the treatment of detained patients.