Patient / lunatic / mental health act

Byddai'r awdurdod yn hoffi / wedi ymateb drwy'r post i'r cais hwn.

Dear Department of Health and Social Care,

Can you confirm if the following is correct;

1. Pursuant to the Mental Health Act that the word lunatic is replaced by the word patient?

For your benefit the law dictionary confirms the following;

PATIENT. One who has been committed to the
asylum and has remained there for care and treatment.

LUNATIC. A person of deranged or unsound
mind; a person whose mental faculties are in the
condition called "lunacy"; one who possessed reason,
but through disease, grief, or other cause has
lost it. May mean all insane persons or persons
of unsound mind, sometimes including and sometimes
excluding idiots. Oklahoma Natural Gas
Corporation v. Lay, 175 Okl. 75, 51 P.2d 580, 582.
A "lunatic" is distinguished from an "Idiot" in that the
lunatic has lucid intervals, while the idiot has no power of
mind whatever. Weinberg v. Weinberg, 8 N.Y.S.2d 341,
344, 255 App.Div. 366.

2. Does the fact that legal registration with any medical body in the United Kingdom as a patient therefore constitute the fact a person is a lunatic / patient by that action?

Yours faithfully,

Stuart McDougall

Dear Department of Health and Social Care,

This is to remind you my request has gone over the statutory limit required by law for a response.

I hope to have a qualified legal response at the earliest possible time.

Yours faithfully,

Master_Stuart Andrew

Department of Health and Social Care,

Our ref: DE-1125128

 

Dear Mr McDougall,
 
Thank you for your correspondence of 21 March about the Mental Health Act
1983.  I have been asked to reply, and apologise for the delay in doing
so. 

The Freedom of Information Act only applies to recorded information such
as paper or electronic archive material.  As your correspondence asked for
general information, rather than requesting recorded information or
documentation, it did not fall under the provisions of the Act.

 

Regarding your question of whether legal registration with any medical
body in the United Kingdom as a patient constitutes a person as a lunatic
by that action, the answer is no.  People are registered with the NHS
primarily as patients of general practitioners. Such a registration does
not confer any status to that person’s mental health.

 

The Mental Health Act 1983 is available to read at:

 

[1]https://www.legislation.gov.uk/ukpga/198...

 

I hope this reply is helpful.

Yours sincerely,
 
Guy Seaward
Ministerial Correspondence and Public Enquiries
Department of Health and Social Care

 

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Dear Department of Health and Social Care,

Thank you for your reply.

My request was in regards to the mental health act 1959 in which the word lunatic is stated as replaced by patient. This is as a legal capacity of course.

My question is not of actual lunacy by the capacity patient but of legal capacity to lunacy.

The legal system and reality do not always run together I have learned fron years dealing with it.

Yours faithfully,

Master_Stuart andrew

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