Guardianship Orders: A Review of Their Use under the 1983 Mental Health Act

Grant, W. Leonard

doi:10.1177/002580249203200406

Cited by 9 publications

(4 citation statements)

References 5 publications

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“…Supervised Discharge Orders and guardianship are perceived by professionals as powerless (Wattis et al . 1990, Grant 1992, Holloway 1996, Pinfold et al . 1999), primarily because they cannot enforce medical treatment.…”

Section: Resultsmentioning

confidence: 99%

A ‘bittersweet pill to swallow’: learning from mental health service users’ responses to compulsory community care in England

Canvin

Bartlett

Pinfold

2002

Health &Amp; Social Care in the Community

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Two forms of compulsory mental healthcare and supervision in the community are provided within the Mental Health Act 1983: Supervised Discharge Orders (SDOs) and guardianship. At a time when the Government are proposing to extend powers of supervision over people with severe mental illness in the community, it is appropriate that service users' experiences of existing legislation are examined and reported. Despite a range of literature that presents mental health service users' views and experiences, it remains unclear how service users respond to compulsory community mental healthcare in England. The present paper presents the findings of a qualitative investigation into service users' perceptions and experiences of living with SDOs. In the interviews, service users communicated their understanding of why mental health professionals placed them on the order and how their lives have been affected. Individual service users are capable of seemingly contradictory responses, simultaneously accepting and resisting the orders. This paper presents a typology of the range of responses. These responses are fatalism and resignation, dependency, ownership, bargaining, cooperation, resistance, and rejection. The study provides a model with which we can begin to understand how service users respond to compulsory community care where their options are legally constrained.

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Section: Resultsmentioning

confidence: 99%

A ‘bittersweet pill to swallow’: learning from mental health service users’ responses to compulsory community care in England

Canvin

Bartlett

Pinfold

2002

Health &Amp; Social Care in the Community

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“…Of 123 new cases in 1986-7, 93 cases were for mental illness, 19 for mental handicap, nine for severe mental handicap and two for psychopathy. Includ ing 143 continuing cases, only 30 of these were for guardianship under Section 37 (Grant, 1992). Half of a sample of local authorities have never con sidered guardianship (Barnes et al, 1990).…”

Section: Usagementioning

confidence: 99%

“…There has been considerable social services dis cussion on the use of guardianship, reviewed by Grant ( 1992).Guardianship has been criticised for its weakness, and financial stringencies have prevented full implementation. A detailed study of a sample of guardianship orders made in the Northern and Yorkshire Regions (Wattis et al, 1990) showed that the majority were for mental illness, usually dementia, most were elderly and female, mainly to enable transfer to residential care.…”

Section: Usagementioning

confidence: 99%

Guardianship – a case for wider use

Symonds

1993

Psychiatr. bull.

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Few psychiatrists have had much experience of guardianship (Section 7, Mental Health Act, 1983). The two cases described have been successful and suggest wider use of this section. It seems apposite in view of the Royal College of Psychiatrists' advice on discharge of patients from hospital, and discussion on a community treatment order; the continuing drive to community care, as codified in the ‘Care Programme Approach’; and the need in the future to treat increasingly disturbed individuals in the community as envisaged in the Reed report.

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“…Much has been written about the problems posed by Guardianship (Bedi, 1985;Barry, 1987), including the lack of`real' power (Gunn, 1986), practical problems with implementation and processing (Wattis, 1990) and inadequate guidelines for use (Grant et al, 1992).…”

mentioning

confidence: 99%

Guardianship under the Mental Health Act 1983

Shaw

Hatfield²,

Evans

2000

Psychiatr. bull.

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Aims and MethodTo describe the extent and variation in the use of Guardianship nationally. The Directors of Social Services were asked to provide details about Guardianship cases on two separate occasions one year apart.ResultsThere were 428 new Guardianship cases in 12 months. At the second enumeration, 73% of cases were within the mental illness category and 47% of these had serious mental illness.Clinical ImplicationsThere is much variation in the use of Guardianship. Further developments of this study will explore the reasons for this variation and will ascertain clinicians' views on Guardianship, supervised discharge and other community treatment orders.

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Guardianship Orders: A Review of Their Use under the 1983 Mental Health Act

Cited by 9 publications

References 5 publications

A ‘bittersweet pill to swallow’: learning from mental health service users’ responses to compulsory community care in England

A ‘bittersweet pill to swallow’: learning from mental health service users’ responses to compulsory community care in England

Guardianship – a case for wider use

Guardianship under the Mental Health Act 1983

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