To determine why most patients do not exercise their right of appeal against detention under section 2 of the Mental Health Act 1983.
Design-Part one-retrospective analysis of the clinical notes of patients detained under section 2 of the Mental Health Act.
Part two-interviews with patients on the penultimate day before the deadline for lodging an appeal.
Setting-In part one, five districts in the Oxfordshire Regional Health Authority.
In part two, six hospitals from three districts in the region.
Subjects-In part one all patients detained under section 2 in the five districts in 1993 (n=418).
In part two interviews with 40 patients detained under section 2 in the six hospitals.
Patients were more likely to appeal if they were educated to level standard (odds=2.26 ; P=0.0014) or had had a previous admission (2.19, P=0.0029).
Patients with a diagnosis of depression (0.31 ; P=0.015) or dementia (0.0003, P=0.0001) were less likely to appeal.
Compared with those who appealed (n=12) those who did not (n=28) showed less understanding of their rights (P=0.034) and poorer comprehension of sentences from the booklet describing patients'rights (P=0.057).
The main reasons given for not appealing were not being aware of the appeals process and being deferred by having to appeal in writing.
After they received a full explanation of their rights 12 of those who did not appeal said that they wished to appeal and four did so within the time remaining before the deadline.
Mots-clés Pascal : Législation, Internement, Homme, Appel procédure, Psychiatrie
Mots-clés Pascal anglais : Legislation, Mentally ill commitment, Human, Procedure call, Psychiatry
Notice produite par :
Inist-CNRS - Institut de l'Information Scientifique et Technique
Cote : 95-0176021
Code Inist : 002B30A09. Création : 09/06/1995.