The compliant court — Procedural fairness and social control in compulsory community care

Zetterberg, Liv; Sjöström, Stefan; Markström, Urban

doi:10.1016/j.ijlp.2014.02.027

Cited by 14 publications

(13 citation statements)

References 14 publications

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“…The credibility of the problematic traits identified here is reinforced by the fact that they featured in Anders Svensson's hearing, where the discussions were exceptionally extended and participants attested to the importance of the AP's contribution. The overall findings here helps understanding the strong agreement in assessments between CPs and APs [30][31][32].…”

Section: Concluding Discussion: Human Rights Expertise and Legitimacymentioning

confidence: 67%

“…Several studies have reached the finding that APs rarely differ with the opinion of treating psychiatrists-the rate of agreement between APs and CPs being 99 percent, 91 percent and 99 percent [30][31][32]. Given the ethical and legal complexity of compulsory care and the lack of guidance from empirical research, the strong tendency of agreement calls into question whether APs actually realise the expectations of critically examining the assessments of treating psychiatrists.…”

Section: Mental Health Law In Swedenmentioning

confidence: 99%

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Collegiality, Therapy and Mediation—The Contribution of Experts in Swedish Mental Health Law

Sjöström

Jacobsson

Hollander

2017

Laws

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Independent experts serve a vital role in how the human rights of patients are protected in mental health law. This article investigates the contribution of court-appointed psychiatrists (APs) in civil commitment court hearings. Analysis is based on 12 court hearings that were audiotaped. Supplementary informal interviews with participants were also conducted. Data were analysed through a combination of rhetoric analysis and discourse analysis. Analysis of the hearings reveals that APs do not fulfil their function to critically investigate treating psychiatrists' (CPs) recommendations that patients meet commitment criteria. They typically do not ask any questions from CPs, and the few questions that are asked do not cast light on the legal issues at stake. To further understand the role of APs, their communication has been analyzed in terms of four interpretative repertoires: collegial, disclosing, therapeutic and mediating. In conclusion, the human rights of patients subjected to involuntary commitment might be at risk when therapeutic concerns are built into the process. The specific Swedish model where APs deliver their own assessment about whether commitment criteria are met may be counterproductive. This argument possibly extends to the role of medical members in mental health tribunals in the United Kingdom, Australia and New Zealand.

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Section: Concluding Discussion: Human Rights Expertise and Legitimacymentioning

confidence: 67%

Section: Mental Health Law In Swedenmentioning

confidence: 99%

Collegiality, Therapy and Mediation—The Contribution of Experts in Swedish Mental Health Law

Sjöström

Jacobsson

Hollander

2017

Laws

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“…Denna lagstiftning avskaffades först 1991 och ersattes med lagen om psykiatrisk tvångsvård, där läkarnas beslut om vård utan personens samtycke prövas i förvaltningsdomstol om tvångsvården bedöms pågå längre än fyra veckor. Det formella medicinska beslutet överprövas i en rättslig bedömning (för en kritisk granskning av lagens tillämpning, se Jacobsson, 2006;Zetterberg, Sjöström & Markström, 2014).…”

Section: Psykiatrireformen I Kontextunclassified

Socialt arbete och människor med psykiska problem – en introduktion

Topor¹,

Denhov²,

Bülow³

2019

SVT

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“…23 Owing to flaws in the application of compulsory community care, patients are at risk of being subjected to new forms of social control of an unclear nature without proper legal protection. 24 Without evidence there cannot be any ethical justification to use coercion and severe deprivation of freedom and liberty against psychiatric patients. 3 …”

Section: The Arguments On the Con-sidementioning

confidence: 99%

“…Owing to flaws in the application of compulsory community care, patients are at risk of being subjected to new forms of social control of an unclear nature without proper legal protection. 24…”

Section: The Arguments On the Con-sidementioning

confidence: 99%

Little evidence for community treatment orders – a battle fought with heavy weapons

2016

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This editorial discusses the pros and cons of community treatment orders (CTOs) from the perspective of community general adult psychiatry. There is little scientific evidence supporting the application of CTOs. Preconditions of a CTO to work are likely to be met by few patients. The time for the application of a CTO may be better spent for patient-centred care until there is sufficient new and robust evidence that identifies the patients that might profit.

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The compliant court — Procedural fairness and social control in compulsory community care

Cited by 14 publications

References 14 publications

Collegiality, Therapy and Mediation—The Contribution of Experts in Swedish Mental Health Law

Collegiality, Therapy and Mediation—The Contribution of Experts in Swedish Mental Health Law

Socialt arbete och människor med psykiska problem – en introduktion

Little evidence for community treatment orders – a battle fought with heavy weapons

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