By M. T. Haslam (Auth.)
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In o r d e r to protect such an individual from wrongful detention various 34 Psychiatry safeguards have b e e n built into the act whereby a patient may m a k e an appeal. T h e patient may initially appeal to the managers w h o are required to review the case and directly or indirectly the case should then b e referred to the M e n t a l H e a l t h Review Tribunal. T h e patient may have a right of appeal direct to the M e n t a l H e a l t h Review Tribunal and this is covered u n d e r Part Five of the act.
Part T w o of the act is concerned with regulations to safeguard the admission of such individuals and to allow for the p r o p e r possibility of care. A patient cannot be detained in a hospital u n d e r the Mental H e a l t h A c t against their wishes unless they are suffering from a mental illness, severe mental i m p a i r m e n t , psychopathic disorder or mental i m p a i r m e n t , and 32 Psychiatry their mental disorder is of a n a t u r e or degree which makes it appropriate for t h e m to receive medical t r e a t m e n t in a hospital.
Equally, the patient with a varicose vein on the surgical ward may finish u p next to a patient with cancer of the stomach. Both are in need of care and the less ill of the two can be thankful. In practice, there is less likelihood of assault by one patient on another in a psychiatric unit than there is in walking the streets of our cities. Furthermore, unlike the streets in our cities, there are nurses available 24 hours of the day to help a n d look after people with emotional disturbances, and patients in that degree of distress would be in an observation bed.