Intellectually elite are more likely to appeal

BMJ 1995;310:1196 (6 May)

Letters

Intellectually elite are more likely to appeal

EDITOR,--Caroline Bradley and colleagues' conclusions concerningappeals against detention under section 2 of the Mental HealthAct are limited since no comment is made about the inclusionof patients with learning disability and mental illness, whichcould appreciably alter the data.¹ The finding that those educatedto A level standard are more likely to appeal is interestingbut not surprising and may reflect a bias in favour of the intellectuallyelite. Patients who do not understand the process of appealbecause of mental illness or intellectual handicap, or both,cannot be expected to appeal. We agree with the authors' conclusionthat the current procedure does not protect the civil libertiesof all patients.

Clearly, the system of appeal against detention needs to bereviewed. The rate of discharge as a result of appeals is low²;the current system is expensive to operate; and, as Bradleyand colleagues' paper suggests, . . . [Full text of this article]

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Relevant Article

Why do so few patients appeal against detention under section 2 of the mental health act?: Caroline Bradley, Max Marshall, and Dennis Gath
BMJ 1995 310: 364-367. [Abstract] [Full Text]