The Role and the Relationship Between Professionals and Lay Persons in the Process of Civil Admissions Under the Mental Health Act 1983 The process of civil admissions under the Mental Health Act (MHA) 1983 may be viewed by civil libertarians as a violation of the individual’s freedom. The state’s justification for such a ‘violation’ is for the need to protect the individual concerned or to protect others in society. The Mental Health Act 1983 does not explicitly require that an individual would have to be ‘dangerous’ in order for that individual to be admitted to hospital. However, there has developed a ‘dangerousness’ criterion, (whether the individual would be considered to be ‘dangerous’ to himself or others) which is often mentioned as being the requirement for confinement; and it forms part of a public interest to preserve public peace and safety. However, as Bartlett and Sandland state; ‘the desire to protect individuals from harming themselves is less evidently a public interest.’[1] The paternalistic notion of the ‘dangerousness’ criterion is clearly evident. However, there is uncertainty over the application of the criterion and also confusion over how the person would be considered to be ‘dangerous.’ Furthermore, Price states that; ‘ a clear dichotomy should be created between parens patriae (detentions in the best interests of the individual him or herself) and police power (detentions for the protection of others) commitments.’[2] The main provisions of the MHA 1983 regarding civil confinement are contained in sections 2 and 3.[3] Section 2 of the MHA 1983 allows for ‘assessment’ of a patient with any mental disorder who ou... ... middle of paper ... ...ctice Department of Health and Welsh Office (1999) London: HMSO, para. 2.3. [19] Cavadino, M., ‘Mental Health Law in Context: Doctor’s Order?,’ (1989), Aldershot: London, p.114. [20] Bean, P., (1980), ‘Compulsory Admissions to Mental Hospitals’, Chichester: John Wiley, p.157. [21] Walton, P., ‘Reforming the Mental Health Act 1983: an approved social worker perspective,’ Journal of Social Welfare Law 22 (4) 2000 401, p.407. [22] Fennell, P., ‘The Mental Health Act Code of Practice,’ Modern Law Review, Vol. 53, July 1990, 499, p.504. [23] The Mental Health Act 1983 Code of Practice Department of Health and Welsh Office (1999) London: HMSO, paras. 2.30 – 2.31. [24] Application No. 26494/95 (European Court of Human Rights , 30 March 2000). [25] Reform of the Mental Health Act 1983 (Cm 4480, 1999).