Compulsory Detention

The compulsory detention and treatment of patients against their will is unique to psychia try. It is arguably the most stressful event in psychiatric practice, both for the doctor and for the patient, and yet, although much has been written about the details of mental health legislation (Clare, 1980; Fennell, 1995), very little has been said about the psychological impact that this procedure has on either the doctor or the patient (exceptions are Mills, 1962; Rogers et al 1993). This paper will examine the emotional factors involved when a patient is deprived of his or her liberty, and will take as its point of reference the Scottish Mental Health Act. Among psychiatrists there is a spectrum of attitudes towards compulsory detention. At one end there is the position, exemplified by Thomas Szasz, which views psychiatric intervention as an infringement of personal liberty. If,for example, a person wishes to kill himself, that is his right and no one should interfere.