Mental Health Bill | Appropriate medical treatment

The test of ‘appropriate medical treatment’ has been in the Mental Health Act (“MHA”) since the last major round of amendments. However, in accordance with the principle of therapeutic benefit, the draft Bill inserts a new requirement that when considering whether medical treatment under the MHA is appropriate for a patient, consideration has to be given to review whether there is a reasonable prospect that that treatment will have a therapeutic benefit for that patient. 

The existing definition of medical treatment requires treatment to have a therapeutic benefit (see section 145(4)) and the amendment therefore has the effect of ensuring the definition of appropriate medical treatment applies throughout. Appropriate medical treatment must have a reasonable prospect of alleviating or preventing the worsening of the patient’s mental disorder, or one or more of its symptoms or manifestations.

The new definition will apply to the detention criteria under Section 3 and the criteria for a CTO under Section 17A. Therefore, if a patient is to be detained or to be put on to a CTO, there has to be a reasonable prospect that that detention or CTO will result in a therapeutic benefit to the patient.