RELEVANT INFORMATION
1. Introduction
Mental health and mental wellbeing mean different things to different people. If a person feels well and they have good mental health, they will usually be able to cope well with day to day life, make the most of their potential and take part in and enjoy social, family, community and work related activities.
When a person does not feel that they are in a state of good mental health, it can affect their lives in many ways, meaning that daily life, work and socialising with family, friends, colleagues and the wider community becomes difficult.
2. Mental Health Act 1983
The Mental Health Act (MHA) 1983 does not use the expression mental health, but instead refers to mental disorder.
2.1 Mental disorder
In 2007, the definition of mental disorder used in the MHA was simplified to ‘any disorder or disability of the mind’.
This is a very wide definition and covers a range of disorders including schizophrenia, depression, anxiety disorders and eating disorders. However, suffering from one of these disorders by itself does not mean that a person is subject to the provisions of the MHA.
The Act also contains an exception for people with learning disabilities. A person will not fall within the definition of mental disorder simply because they have a learning disability. A learning disability only falls within the definition of a mental disorder if it is associated with abnormally aggressive or seriously irresponsible conduct.
A person cannot be detained under the Mental Health Act purely as a result of their learning disability.
There is still an exclusion that relates to a dependence on drink or drugs which means a person cannot be detained under the MHA 1983 solely for such a dependency, but they can be detained if it arises because of or from a mental disorder.
Chapter 2 of the Code of Practice to the MHA 1983 contains examples of the conditions which could fall within the definition of mental disorder contained in the Act.
