Risk of harm and involuntary psychiatric treatment

Publisher:
Taylor and Francis
Publication Type:
Chapter
Citation:
Routledge Handbook of Mental Health Law, 2023, pp. 342-355
Issue Date:
2023-10-12
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Mental laws are frequently phrased or interpreted to mean that involuntary detention and treatment should be restricted to people who are at risk of harmful behaviour towards themselves or others. Recent research has highlighted the extreme limits of risk assessment for discrete acts of harm such as acts of violence or suicide. Laws that require a perceived risk of harm for involuntary treatment can lead to many people who would not cause or experience harm to be detained for every one person who would go on to cause or experience harm. Clinicians need to be cautious when interpreting risk of harm criteria and updated mental health laws should reflect the weakness of risk assessment in mental health.
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