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Using the Measure for Measure – How the Mental Health (Wales) Measure 2010 and the NHS Redress (Wales) Measure 2008 Can Improve the Rights of the Mentally Ill / ALUN THOMAS

Swansea University Author: ALUN THOMAS

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DOI (Published version): 10.23889/SUthesis.70691

Abstract

This thesis explores the development of Welsh mental health law, focussing on how the rights of people with serious mental illness may be protected by creating an automatic financial redress mechanism to address service failure. The Mental Health Act 1983 legislates for the detention of patients, th...

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Published: Swansea 2025
Institution: Swansea University
Degree level: Doctoral
Degree name: Ph.D
Supervisor: Jones, Caroline ; Hoffman, Simon
URI: https://cronfa.swan.ac.uk/Record/cronfa70691
first_indexed 2025-10-15T15:30:17Z
last_indexed 2025-10-16T10:03:09Z
id cronfa70691
recordtype RisThesis
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spelling 2025-10-15T16:58:52.4522398 v2 70691 2025-10-15 Using the Measure for Measure – How the Mental Health (Wales) Measure 2010 and the NHS Redress (Wales) Measure 2008 Can Improve the Rights of the Mentally Ill 2b956956606ca6589680a18fa8b7f686 ALUN THOMAS ALUN THOMAS true false 2025-10-15 This thesis explores the development of Welsh mental health law, focussing on how the rights of people with serious mental illness may be protected by creating an automatic financial redress mechanism to address service failure. The Mental Health Act 1983 legislates for the detention of patients, the provision of safeguards for those detained, and the authority for ongoing restriction of liberty; it does not set standards for the quality or responsiveness of service delivery. The Mental Health Act 1983 will be reviewed during this new Labour administration in Westminster; however, recent tragedies appear to be driving a fear culture in lawmakers. This thesis examines the development of mental health legislation in the UK and its impact on the individual, from the Lunacy and Vagrancy Acts of the nineteenth and early twentieth century, through the consequences of war and trauma, to the current day. The validity of such legislation is considered with regard to the United Nations Convention for the Rights of Persons with Disabilities which opposes detention for a disability. Welsh law and policy offer potential divergence from UK mental health legislation by focussing on early intervention, co-production, and citizenship. Devolution of powers provided opportunities for the development of Welsh mental health law, and while the Mental Health Act 1983 remains extant, Welsh law offers alternative routes for further development of a rights-based approach to mental health care. In this thesis, the divergence of Welsh and UK Governmental approaches is examined to identify potential routes for the development of Welsh mental health law which may provide reciprocity by creating financial penalties for failure to provide assessment within a reasonable timescale. While the financial redress can only compensate, the existence of such redress could shift the focus from compulsion to early intervention, fostering a more compassionate mental health system in Wales. E-Thesis Swansea Mental, Wales, Redress, Rights, Mental Health (Wales) Measure 2010, Law 14 10 2025 2025-10-14 10.23889/SUthesis.70691 COLLEGE NANME COLLEGE CODE Swansea University Jones, Caroline ; Hoffman, Simon Doctoral Ph.D Adferiad Recovery Adferiad Recovery 2025-10-15T16:58:52.4522398 2025-10-15T16:27:12.0343968 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law ALUN THOMAS 1 70691__35354__3cfacbeb40f047e494630b2f52743812.pdf Thomas_Alun_H_PhD_Thesis_Final_Cronfa.pdf 2025-10-15T16:39:26.2920354 Output 3874279 application/pdf E-Thesis – open access true Copyright: The Author, Alun H. Thomas, 2025. Licensed under the terms of a Creative Commons Attribution-Non-Commercial-Share Alike (CC-BY-NC-SA) license. Third party content is excluded for use under the license terms. true eng https://creativecommons.org/licenses/by-nc-sa/4.0/deed.en
title Using the Measure for Measure – How the Mental Health (Wales) Measure 2010 and the NHS Redress (Wales) Measure 2008 Can Improve the Rights of the Mentally Ill
spellingShingle Using the Measure for Measure – How the Mental Health (Wales) Measure 2010 and the NHS Redress (Wales) Measure 2008 Can Improve the Rights of the Mentally Ill
ALUN THOMAS
title_short Using the Measure for Measure – How the Mental Health (Wales) Measure 2010 and the NHS Redress (Wales) Measure 2008 Can Improve the Rights of the Mentally Ill
title_full Using the Measure for Measure – How the Mental Health (Wales) Measure 2010 and the NHS Redress (Wales) Measure 2008 Can Improve the Rights of the Mentally Ill
title_fullStr Using the Measure for Measure – How the Mental Health (Wales) Measure 2010 and the NHS Redress (Wales) Measure 2008 Can Improve the Rights of the Mentally Ill
title_full_unstemmed Using the Measure for Measure – How the Mental Health (Wales) Measure 2010 and the NHS Redress (Wales) Measure 2008 Can Improve the Rights of the Mentally Ill
title_sort Using the Measure for Measure – How the Mental Health (Wales) Measure 2010 and the NHS Redress (Wales) Measure 2008 Can Improve the Rights of the Mentally Ill
author_id_str_mv 2b956956606ca6589680a18fa8b7f686
author_id_fullname_str_mv 2b956956606ca6589680a18fa8b7f686_***_ALUN THOMAS
author ALUN THOMAS
author2 ALUN THOMAS
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publishDate 2025
institution Swansea University
doi_str_mv 10.23889/SUthesis.70691
college_str Faculty of Humanities and Social Sciences
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hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
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description This thesis explores the development of Welsh mental health law, focussing on how the rights of people with serious mental illness may be protected by creating an automatic financial redress mechanism to address service failure. The Mental Health Act 1983 legislates for the detention of patients, the provision of safeguards for those detained, and the authority for ongoing restriction of liberty; it does not set standards for the quality or responsiveness of service delivery. The Mental Health Act 1983 will be reviewed during this new Labour administration in Westminster; however, recent tragedies appear to be driving a fear culture in lawmakers. This thesis examines the development of mental health legislation in the UK and its impact on the individual, from the Lunacy and Vagrancy Acts of the nineteenth and early twentieth century, through the consequences of war and trauma, to the current day. The validity of such legislation is considered with regard to the United Nations Convention for the Rights of Persons with Disabilities which opposes detention for a disability. Welsh law and policy offer potential divergence from UK mental health legislation by focussing on early intervention, co-production, and citizenship. Devolution of powers provided opportunities for the development of Welsh mental health law, and while the Mental Health Act 1983 remains extant, Welsh law offers alternative routes for further development of a rights-based approach to mental health care. In this thesis, the divergence of Welsh and UK Governmental approaches is examined to identify potential routes for the development of Welsh mental health law which may provide reciprocity by creating financial penalties for failure to provide assessment within a reasonable timescale. While the financial redress can only compensate, the existence of such redress could shift the focus from compulsion to early intervention, fostering a more compassionate mental health system in Wales.
published_date 2025-10-14T06:50:11Z
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