§ Mr. Charles Irvingasked the Secretary of State for Social Services if he is satisfied that adequate safeguards exist under the Mental Health (Amendment) Act 1982 to prevent patients from being detained by medical practitioners with little or no experience or qualification in psychiatry.
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§ Mr. Kenneth ClarkeYes. Section 28(2) of the Mental Health Act 1959 requires that one of the two medical recommendations for compulsory admission of a mentally disordered person to hospital must be made by a practitioner approved by the regional health authority as having special experience in the diagnosis or treatment of mental disorder. In an emergency, only one medical recommendation is required which, in some cases, may not be by an approved medical practitioner. However, the emergency detention power lapses after 72 hours unless the second medical recommendation is provided. The Mental Health (Amendment) Act 1982 does not alter the position other than tightening the time limits for medical recommendations for emergency admissions.