This is a second post looking at the January 2021 UK Government White Paper on Reforming the Mental Health Act 1983 — the first post covered proposed criteria for developments on detention in hospital, this will look at various issues to do with rights and risk.
RISK AND LIKELIHOOD
We’re going to have to get used to spotting the difference between a “substantial likelihood” and a “substantial risk”. My best guess is that “likelihood” would mean something approaching probable, whereas “risk” may end something closer to possible (p25). Introduction of both terms is suggested in the paper amidst the criteria for various things – substantial likelihood for initial detention or re-detention under the Act (ie, admission) but substantial risk to authorise or review the use of Community Treatment Orders (CTOs), “a substantial risk of significant harm [without using a CTO. It is argued, CTOs are over-used and the White Paper suggests that consideration was given to removing them from the legislation. ...
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