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Session 2001-02
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Joint Committee On Human Rights Publications

Joint Committee On Human Rights - Twenty-Fifth Report

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 4 November 2002.


Terms of Reference


I. The Background to the Draft Bill and the Committee's Report

II. The Purposes of the draft Bill

III. The rights which may be affected

The right to be free of inhuman or degrading treatment.

The right to liberty

The right to dignity in detention

The right to respect for private life

The right to privacy

The right of children to participate in decision-making

The right of children to a periodic review of mental health treatment and


IV. The Main Provisions of the Draft Bill and their potential Human Rights


The proposed Code of Practice

The proposed new tribunal system

Definitions of 'patient', 'mental disorder' and 'medical treatment'


Mental disorder

Medical treatment

Conditions for compulsory examination, assessment and treatment of patients  15

Powers and duties of decision-makers

Other protections for patients' rights

Ancillary powers

People with mental disorders and the criminal justice system

Safeguards in relation to medical treatment

New protection for compliant patients who lack capacity to consent to treatment

Excluding certain people from the class of those who could be treated as

voluntary patients

Other patients: treatment as voluntary patients with safeguards for 'qualifying


Taking or retaking patients, and powers of entry and inspection

Patient representation

Nominated person

Mental health advocates

Monitoring of the mental health system

V. Conclusions



1.  Memorandum from the Mental Health Act Commission

2.  Further memorandum from the Mental Health Act Commission

3.  Memorandum from the Department of Health

4.  Memorandum from Genevra Richardson, Professor of Public Law,

Queen Mary, University of London

5.  Memorandum from the British Association of Social Workers Mental Health

Special Interest Group

6.  Memorandum from the Royal College of Psychiatrists

7.  Memorandum from the Council on Tribunals

8.  Memorandum from Rethink (previously known as the National

Schizophrenia Fellowship)

9.  Memorandum from Doughty Street Chambers

10.  Memorandum from Mike Cox CQSW Social Work Practitioner

11.  Memorandum from Dr James Jenkins, Mensana Consultants Limited

12.  Letter from Chairman to Jacqui Smith MP, Minister of State, Department

of Health

13.  Letter to Chairman from Jacqui Smith MP, Minister of State, Department

of Health


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Prepared 11 November 2002