The experiences of the legal processes of involuntary treatment orders: Tension between the legal and medical frameworks

Journal article


Wyder, Marianne, Bland, Robert, Herriot, Ann and Crompton, David. (2015). The experiences of the legal processes of involuntary treatment orders: Tension between the legal and medical frameworks. International Journal of Law and Psychiatry. 38, pp. 44 - 50. https://doi.org/10.1016/j.ijlp.2015.01.006
AuthorsWyder, Marianne, Bland, Robert, Herriot, Ann and Crompton, David
Abstract

3An involuntary treatment order (ITO) allows a person to be treated for a mental illness without consent under some circumstances. While the treatment and assessment of mental illness are essentially clinical decisions, involuntary mental health admissions are governed by a framework of legal principles, safeguards and procedures. The underlying philosophy of these laws is based on therapeutic jurisprudence. This approach focuses on the importance of the legal process as a social force and suggests that this can either protect or empower people. The legal processes can however adversely impact upon people's states of mind. This study reports on 25 qualitative interviews with involuntary inpatients of a major teaching hospital. The interviews were analysed thematically using a general inductive approach. The analysis focused on the patients' general experience of being placed under an ITO and their understanding of the ITO process. Generally, those who described the experience of an ITO in more positive terms, also experienced the ITO as a positive right. In addition to providing them with the treatment needed, they also felt that the ITO gave them protection and guidance. Conversely, those who experienced being placed under an ITO in more negative or mixed ways, described feeling powerless in the process, as they felt that the ITO took away their rights. By and large the ITO process was experienced as arbitrary when patients did not understand the reasons for their admission. In addition, these patients had limited or no information about their involuntary treatment order and they did not know what was expected of them to have the ITO revoked. Most importantly, they did not feel that there were any meaningful legal protections in place. These experiences highlight the importance of the legal processes and how these can be used as clinical tools.

KeywordsInvoluntary treatment orders; Recovery oriented practice; Therapeutic jurisprudence
Year2015
JournalInternational Journal of Law and Psychiatry
Journal citation38, pp. 44 - 50
Digital Object Identifier (DOI)https://doi.org/10.1016/j.ijlp.2015.01.006
Scopus EID2-s2.0-84925969435
Page range44 - 50
Research GroupSchool of Allied Health
Publisher's version
File Access Level
Controlled
Permalink -

https://acuresearchbank.acu.edu.au/item/8qw21/the-experiences-of-the-legal-processes-of-involuntary-treatment-orders-tension-between-the-legal-and-medical-frameworks

Restricted files

Publisher's version

  • 97
    total views
  • 0
    total downloads
  • 4
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Relational recovery for mental health carers and family : Relationships, complexity and possibilities
Wyder, Marianne, Barratt, Jastine, Jonas, Rowena and Bland, Robert. (2022). Relational recovery for mental health carers and family : Relationships, complexity and possibilities. The British Journal of Social Work. 52(3), pp. 1325-1340. https://doi.org/10.1093/bjsw/bcab149
The Family Experience of the Crisis of Involuntary Treatment in Mental Health
Marianne Wyder, Robert Bland, Karen McCann and David Crompton. (2018). The Family Experience of the Crisis of Involuntary Treatment in Mental Health. Australian Social Work. 71(3), pp. 319-331. https://doi.org/10.1080/0312407X.2018.1454484
How the prison-to-community transition risk environment influences the experience of men with co-occurring mental health and substance use disorder
Denton, Michelle, Foster, Michele and Bland, Robert. (2017). How the prison-to-community transition risk environment influences the experience of men with co-occurring mental health and substance use disorder. Australian and New Zealand Journal of Criminology. 50(1), pp. 39 - 55. https://doi.org/10.1177/0004865815620703
Therapeutic relationships and involuntary treatment orders : Service users' interactions with health-care professionals on the ward
Bland, Robert, Wyder, Marianne, Blythe, Andrew, Matarasso, Beth and Crompton, David. (2015). Therapeutic relationships and involuntary treatment orders : Service users' interactions with health-care professionals on the ward. International Journal of Mental Health Nursing (online version). 24(2), pp. 181 - 189. https://doi.org/10.1111/inm.12121
The recovery framework as a way of understanding families' responses to mental illness: Balancing different needs and recovery journeys
Wyder, Marianne and Bland, Robert. (2014). The recovery framework as a way of understanding families' responses to mental illness: Balancing different needs and recovery journeys. Australian Social Work. 67(2), pp. 179 - 196. https://doi.org/10.1080/0312407X.2013.875580
Australian Practice Standards nine year on: Are they useful?
Laragy, Carmel, Bland, Robert, Giles, Roslyn and Scott, Virginia. (2013). Australian Practice Standards nine year on: Are they useful? International Social Work. 56(5), pp. 644 - 658. https://doi.org/10.1177/0020872812436623
Australian Practice Standards nine years on: Are they useful?
Laragy, Carmel, Bland, Robert James, Giles, Roslyn and Scott, Virginia. (2013). Australian Practice Standards nine years on: Are they useful? International Social Work. 56(5), pp. 644 - 658. https://doi.org/10.1177/0020872812436623
Personal recovery and involuntary mental health admissions : The importance of control, relationships and hope
Wyder, Marianne, Bland, Robert and Crompton, David. (2013). Personal recovery and involuntary mental health admissions : The importance of control, relationships and hope. Health. https://doi.org/10.4236/health.2013.53A076
Families and mental illness: Contested perspectives and implications for practice and policy
Bland, Robert James and Foster, Michele. (2012). Families and mental illness: Contested perspectives and implications for practice and policy. Australian Social Work. 65(4), pp. 517 - 534. https://doi.org/10.1080/0312407X.2011.646281
The ABC of peer mentoring: what secondary students have to say about cross-age peer mentoring in a regional Australian school
Willis, Paul, Bland, Robert, Manka, Louise and Craft, Cec. (2012). The ABC of peer mentoring: what secondary students have to say about cross-age peer mentoring in a regional Australian school. Educational Research and Evaluation: an international journal on theory and practice. 18(2), pp. 173 - 185. https://doi.org/10.1080/13803611.2011.650920
An evaluation of the effect of an educational intervention for Australian social workers on competence in delivering brief cognitive behavioural strategies : A randomised controlled trial
Armstrong, G, Blashki, G, Joubert, L, Bland, Robert, Moulding, Richard, Gunn, John and Naccarella, Lucio. (2010). An evaluation of the effect of an educational intervention for Australian social workers on competence in delivering brief cognitive behavioural strategies : A randomised controlled trial. BMC Health Services Research. 10(304), pp. 1 - 9. https://doi.org/10.1186/1472-6963-10-304