Mental health laws for those "compliant" with treatment.

Abstract

The focus of current mental health laws is on the involuntary detention and treatment of those with low-prevalence, serious mental illnesses such as schizophrenia and bipolar disorder. However, an international trend is developing towards using mental health laws to safeguard the rights of patients who lack the capacity to consent to treatment but who are not objecting to it. This column analyses the legislative response in England and Wales to a decision by the European Court of Human Rights indicating that there should be legislative procedures for those lacking capacity to consent, but who are "compliant" with treatment.