On November 3 2008 the classifications of mental disorders changed under the Mental Health Act 2007. Previously, mental health solicitors, clinicians, and judges had referred to four separate definitions of mental health as stated in the Mental Health Act 1983. These were:
- Mental illness – although clinically undefined it included bipolar affective disorder and schizophrenia.
- Psychopathic disorder – defined as a persistent disorder or disability of the mind (impairment of intelligence not necessarily being a factor) leading to abnormally aggressive or seriously irresponsible conduct.
- Mental impairment – a state of arrested or incomplete development of the mind (although not to the point of severe mental impairment) leading to significant impairment of social skills and intelligence and it could be associated with abnormally aggressive or seriously irresponsible conduct.
- Severe mental impairment – defined as arrested or incomplete development of the mind; including severe impairment of intelligence and lack of social skills – combined with abnormally aggressive or seriously irresponsible conduct.
From 3/11/08 under Section 1 of the Mental Health Act 2007 any disorder or disability of the mind was thenceforth referred to as “mental disorder”.
However, some exceptions do apply. Those suffering from a learning disability cannot be detained under the Act, or forced to have treatment, unless their mental disorder is associated with abnormally aggressive or seriously irresponsible behaviour.
Plus certain exclusions previously stated in the Act 1983 have been removed. Section 1 used to include the following:
“Nothing in subsection (2) above shall be construed as implying that a person may be dealt with under this Act as suffering from mental disorder, or from any form of mental disorder described in this section, by reason only of promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs.”
From 3/11/08 this no longer applies and, along with the elimination of the treatability test, has had the effect that it is now easier for courts to justify detaining sex offenders in hospital. S1 now states:
“Dependence on alcohol or drugs is not considered to be a disorder or disability of the mind for the purposes of subsection (2) above.”
George Ide mental health solicitors in Chichester for Court of Protection matters
The solicitors at George Ide are dedicated to protecting the welfare of vulnerable adults and children in the UK. We can offer expert advice to clients and their families on Court of Protection matters and where a person suffering from impaired mental health has had their rights infringed in relation to their freedom of civil liberty or right to choice regarding medical treatment.
If you need legal representation on matters of mental health please call our Chichester offices today and we will be happy to provide, pragmatic, timely and robust advice to help maintain the rights of those who may be unable to look after themselves.
It is essential to feel complete confidence in the advice given and the person of one’s solicitor. I have experienced situations in the past where this has not been the case. When seeking a reliable practice some years ago I asked for a recommendation from a neighbour and was given the name of Mr Ian Oliver. I followed this advice, have used this practice ever since and have recommended it to others with complete confidence. It is very reassuring to be in this position.C Elderfield, Arundel
I would like to thank Ursula, Jill and Mr Enticott for all your hard work. You did a wonderful job.Head of Legacies, National Trust
Ian Oliver and Paul Lewis of George Ide Solicitors, and their appointed barrister, were outstanding in helping us defend an HMO licensing prosecution by a local authority. This was a complex matter which should never have been taken to trial by the local authority. However, thanks to the care, knowledge and tenacity shown by George Ide, the correct judgment was given. Thanks again for guiding us through this stressful experience.Ian Wiggett, Pace Property, Lettings & Management Ltd.
I have worked with George Ide LLP for many years, initially as a support worker but now as a Registered Manager. I have found their brain injury
team, more specifically Paul Fretwell, to be highly efficient, supportive and effective when working alongside me with a very challenging group of clients. Paul and the team at George Ide LLP have secured settlements ranging from £1-6 million and beyond, ensuring financial security and peace of mind for life for the clients and their families.
I have worked closely over many years with Ursula Watt and Stephen Shine in George Ide LLP’s Court of Protection team. I am always impressed by how adaptable and attentive they are in looking after their brain-injured clients who often display challenging behaviour. They are able to communicate in a way our clients understand and work in a very person centered way. They are firm but fair and always have the clients’ best interests at heart. Karl Thompson. Managing Director, THCS LtdSee Review
Just a quick informal note to say thank you to you and Dawn for all the work you have both done in sorting out my Aunt’s Estate. It has been a great help to me and you have provided a first class service at a very fair and reasonable price, thank you for getting it all sorted in such a good time.
Yours SincerelyAndy Ford
Dear Ursula. Many thanks for your fine work in handling my Dad’s estate. My Mother and I feel very fortunate to have been so well looked after, and, as well as being thorough, you have been especially kind in the manner in which you spoke with my mother. I feel confident that I can provide for my Mum’s every need which is just as my father would have wished.Angela Rider
I found the service really professional and I was glad I instructed George Ide.Tom Roberts
Thank you for your email advising me of the situation. It’s a great relief to know that this is finalised as **** parents are continuing to deteriorate. I’m very grateful to you for the caring and efficient way you dealt with **** herself and for your advice generally and the scale of your fees. I’m glad that we were recommended to you and I will pass on my own recommendations too.C
Dear Ursula. It was never going to be easy dealing with the personal effects of a loved one, so I would like to take this opportunity to thank you and all your dedicated staff for the kind , thoughtful and professional way you have dealt with all aspects of the estate and helping to bring closure for myself and my family in a timely manner.
Once again , thank you.Philip Allen
I want to take this opportunity to thank you all at George Ide so much, for all the help and support you have given to the family down the years and in particular of course whilst acting for us as professional executor. This is an emotional period for all families I’m sure. It has been no different for us. You have handled everything with consummate professionalism throughout and especially so in our more fractious moments.Henry Bennett
I am happy for you to continue finalising the Estate .
Many thanks and best wishes to you all, you have made my Sister and my life so much easier with your efficiency.
It has been an emotional time and somewhat chaotic for us both and your company have shown us great kindness and sensitivity throughout and for this we will always be grateful.
Best wishesSee Review
I would like to thank you & the team at George Ide LLP for the efficient & sensitive management of Mum’s estate which has made a huge difference to both my sister & I after her death.
Many thanks & Kind regardsJayne Rogers
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