The mental health Act

Abstract

When the Mental Health Act came in force (September 14th 1981) it was considered a milestone in the history of the mental patient in Malta. It followed the lines of the British Mental Health Act which already was being revised and therefore many expressed the opinion that the Act required adjournment. However it is still in force and the doctor is legally bound to follow its 'sections'. It provides the best safeguards against abuse and exploitation of the patient and therefore it is the defence of the rights of the mental patient. Ignorance of the Law is no excuse for non adherence and legal steps may be taken against the doctor if he does not follow the sections dealing with forced detention at Mount Carmel (the only designate hospital) overriding the will of the patient. The doctor is encouraged to use "informal admissions" as they assure cooperation of the patient and allows the patient to leave when he requests. However under strict and limited circumstances (when the patient is dangerous to self and/or others on account of mental disorder and hospitalisation is beneficial) he has to be admitted with the consent of the relatives even against his will - BUT the doctor should know how to proceed and therefore full 'details' are given. The doctor should also know the duration of detention, the privileges enjoyed by the patient and the patient's right to an appeal to the Mental Health Tribunal. He needs just acquaintance to special referrals by the Courts or the Prisons or Probation Orders but he should also know the Future Trends.