Professional Documents
Culture Documents
Textbook Coercion in Community Mental Health Care International Perspectives 1St Edition Andrew Molodynski Ebook All Chapter PDF
Textbook Coercion in Community Mental Health Care International Perspectives 1St Edition Andrew Molodynski Ebook All Chapter PDF
https://textbookfull.com/product/mental-health-and-offending-
care-coercion-and-control-1st-edition-julie-d-trebilcock/
https://textbookfull.com/product/palliative-care-within-mental-
health-care-and-practice-1st-edition-david-cooper/
https://textbookfull.com/product/public-health-nursing-
population-centered-health-care-in-the-community-marcia-stanhope/
https://textbookfull.com/product/foundations-of-mental-health-
care-michelle-morrison-valfre/
Community Mental Health: Challenges for the 21st
Century Jessica Rosenberg
https://textbookfull.com/product/community-mental-health-
challenges-for-the-21st-century-jessica-rosenberg/
https://textbookfull.com/product/mental-health-in-prisons-
critical-perspectives-on-treatment-and-confinement-alice-mills/
https://textbookfull.com/product/clinical-mental-health-
counseling-in-community-agency-settings-5th-ed-5th-edition-
samuel-t-gladding/
https://textbookfull.com/product/the-eclipse-of-community-mental-
health-and-erich-lindemann-1st-edition-david-g-satin/
https://textbookfull.com/product/the-eclipse-of-community-mental-
health-and-erich-lindemann-1st-edition-david-g-satin-2/
Coercion in Community
Mental Health Care
International Perspectives
Coercion
in Community
Mental Health Care
International
Perspectives
Edited by
Andrew Molodynski
Consultant Psychiatrist,
Oxford Health NHS Foundation Trust, UK;
Honorary Clinical Senior Lecturer,
Oxford University, UK
Jorun Rugkåsa
Senior Researcher,
Health Services Research Unit,
Akershus University Hospital, Lørenskog, Norway;
Senior Researcher,
Social Psychiatry Group, Department of Psychiatry,
University of Oxford, Warneford Hospital, UK
Tom Burns
Professor Emeritus of Social Psychiatry,
University of Oxford, Department of Psychiatry,
Warneford Hospital, UK;
Fellow Emeritus of Kellogg College,
University of Oxford, UK
1
1
Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered trade mark of
Oxford University Press in the UK and in certain other countries
© Oxford University Press 2016
The moral rights of the authorshave been asserted
Impression: 1
All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press, or as expressly permitted
by law, by licence or under terms agreed with the appropriate reprographics
rights organization. Enquiries concerning reproduction outside the scope of the
above should be sent to the Rights Department, Oxford University Press, at the
address above
You must not circulate this work in any other form
and you must impose this same condition on any acquirer
Published in the United States of America by Oxford University Press
198 Madison Avenue, New York, NY 10016, United States of America
British Library Cataloguing in Publication Data
Data available
Library of Congress Control Number: 2016932535
ISBN 978–0–19–878806–5
Printed in Great Britain by
Ashford Colour Press Ltd, Gosport, Hampshire
Oxford University Press makes no representation, express or implied, that the
drug dosages in this book are correct. Readers must therefore always check
the product information and clinical procedures with the most up-to-date
published product information and data sheets provided by the manufacturers
and the most recent codes of conduct and safety regulations. The authors and
the publishers do not accept responsibility or legal liability for any errors in the
text or for the misuse or misapplication of material in this work. Except where
otherwise stated, drug dosages and recommendations are for the non-pregnant
adult who is not breast-feeding
Links to third party websites are provided by Oxford in good faith and
for information only. Oxford disclaims any responsibility for the materials
contained in any third party website referenced in this work.
For Cyd, Poppy, and Helen
—A.M.
For Danny
—J.R.
Acknowledgements
We are grateful to many people for their assistance in this endeavour. First, Lauren
Dunn and Peter Stevenson at OUP have at all times been unstinting in their help and
support and have helped to make the process pleasant and fun. The book would have
been longer in coming and much less polished without them.
We are grateful to all the chapter authors who met different kinds of challenges to
bring together such a wide-ranging and rich body of information and insights. We
had heard ‘horror stories’ regarding the process of editing books but our contributors
made our lives easy—we are grateful!
The volume has been a long time in preparation and many people have supported
us. A.M. would like to thank his clinical team in Didcot for their hard work, clini-
cal excellence, and ongoing support and humanity during the process and Anneliese
Guerin-LeTendre for her wisdom and insights. Most of all he would like to thank
Helen for putting up with him during the last few months of preparation.
Special thanks must go to Jane Wood, who has diligently read through this whole
volume to ensure its grammatical quality, while at the same time being endlessly help-
ful and supportive.
Contents
Contributors ix
1 Introduction 1
Jorun Rugkåsa, Andrew Molodynski, and Tom Burns
Index 347
Contributors
Introduction
Jorun Rugkåsa, Andrew Molodynski,
and Tom Burns
evidence-based medicine, this is both remarkable and concerning. Despite mental ill-
health being increasingly recognized as a global issue, almost no research exists on
either formal or informal community coercion outside Western societies. What we
hope to achieve with this book is to bring together what is currently known interna-
tionally, to identify what is not known, and to highlight some of the clinical, sociologi-
cal, ethical, and legal issues raised.
What is coercion?
Conceptualization of coercion
The Oxford English Dictionary defines coercion as ‘constraint, restraint, compulsion;
the application of force to control the action of a voluntary agent’. We readily accept
coercion in many aspects of life (mandatory education, taxation, or restricted liberty
for those who break the law, for example) when it is considered beneficial for indi-
viduals or society in that it represents an improvement on the ‘baseline’ (Wertheimer
1987). Coercion is rare in health-care settings. It is justified by its benefits for health
and safety, but this is complicated because the fundamental principle of patient auton-
omy is breached. In order to test whether coercion can be justified by the benefits
it accrues for psychiatric patients it has been conceptualized and operationalized in
different ways.
As already mentioned, coercion may be considered either as formal compulsion,
which includes measures sanctioned by mental health law, or as informal coercion,
including all other pressures applied to encourage adherence to treatment or to change
the patient’s behaviour in other ways. While compulsion is defined by law and is thus
relatively easy to measure, informal coercion has proved harder to operationalize
in research efforts. Monahan et al. (2005) applied the notion of ‘leverage’ to meas-
ure some aspects of informal coercion. Leverage involves making, or proposing to
make, the provision of services conditional on the patient’s adherence to treatment.
Monahan’s study found that half of public mental health patients in the USA had expe-
rienced at least one of the measured forms of leverage. This study brought the preva-
lence of informal coercive practices in mental health services to the consciousness of
the research community.
To gain a better understanding of the complex social dimensions of coercive prac-
tices, researchers often distinguish between its subjective and objective elements.
Coercion can be perceived both as what is done to someone and what is experienced
by someone: ‘it is thus both an objective set of actions and a subjectively experienced
result of particular actions’ (Hoge et al. 1993, p. 282). The notion of perceived coercion
has increasingly been applied in efforts to conceptualize coercion and it represents
what the patient1 experiences to be coercive. It is an important perspective because it
1
The term for those receiving mental health care is contested and ‘patient’, ‘client’, ‘service user’,
and, indeed, ‘consumer’ are all used. Terminology is particularly problematic when referring to
people who are receiving treatment against their own will. We use ‘patient’ in this Introduction,
but in the subsequent chapters several of the authors have chosen different terms.
Introduction 3
has been found that even when treated voluntarily patients may feel that they are being
coerced or that their freedom to make decisions is constrained (Hoge et al. 1997).
Voluntary patients who have been subjected to compulsion in the past may interpret
statements that they ‘should’ do something as more pressurizing than patients who
have never been compelled. Perceived coercion may therefore reduce patients’ sense
of autonomy (Stensrud et al. 2015) and shape their treatment decisions and pathways
through care systems by acting as a barrier to help-seeking (Van Dorn et al. 2006). As
a result, it could potentially delay presentation and increase the likelihood of involun-
tary hospitalization.
In the literature, a wide range of terminology is used to describe coercion in the
community. Formal coercion is usually referred to by the name of local legislation
such as ‘community treatment orders’ (CTOs; this is the most common term and the
one applied in this volume), ‘mandated outpatient commitment’, ‘involuntary out-
patient commitment’, and more recently the perhaps misleading ‘assisted outpatient
treatment’. Informal coercion is variously described as ‘treatment pressures’, ‘thera-
peutic limit setting’, ‘influencing behaviours’, or ‘leverage’. Many of these terms are
used interchangeably and there is no consensus on what the different terms signify or
which ones best reflect the phenomenon under study. A further difficulty in research-
ing ‘coercion’ is that it is simultaneously an analytical term applied by researchers
and an emotive notion with clear intuitive meanings to those at the giving and at the
receiving ends. These meanings may differ: what is considered an acceptable form of
influence by one person may be understood as coercive by another. While there often
is a cultural dimension to what is seen as coercive, there will always be different opin-
ions within a cultural tradition. Coercion is thus a moralized concept that is sensitive
to context (Hoge et al. 1993). It touches on a wide range of discourses and has been
investigated from medical, social, cultural, personal, legal, and ethical perspectives.
While this book will present all these perspectives, a common aim of the chapters that
follow is to illuminate coercive practices imposed on people with mental illness living
in the community, with a particular focus on the services delivered to them (or not).
to hospital, and this ‘revolving door syndrome’ can be dramatic and damaging for
patients and their families and expensive for services and for the wider community.
More assertive forms of service delivery have therefore developed, and these are often
delivered via case-management approaches by multidisciplinary teams consisting
of psychiatrists, nurses, psychologists, social workers, and support workers (Burns
2004). Many of these services place emphasis on outreach, and professionals become
involved in a wide range of patients’ daily activities. They also interact with family
members and other services with remits for housing, social care, and social security
benefits (Szmukler and Appelbaum 2008). In attempts to assist reluctant patients, pro-
fessionals in these services apply different types (and degrees) of influence or pressure.
These have been described as a continuum of increasing restrictiveness spanning from
. . . encouragement or admonition (‘That behaviour keeps getting you into trouble’), con-
tingent support or contracting (‘Once you manage your medication reliably, we’ll see
about getting you that job’), involvement of others (‘You seem to need help managing
your money’), informal coercion (‘You can enter the hospital voluntarily, or we will have
to commit you’) . . .
Neale and Rosenheck (2000, p. 499)
to the use of formal coercion. These new service models have generally been found
to improve patients’ engagement and clinical outcomes. Assertive community treat-
ment (ACT) is the most intensively researched of these approaches (Marshall and
Lockwood 2000).
Australian states: New South Wales, Northern Territory, Western Australia, South
Australia, Queensland, Victoria, Tasmania
Belgium
Canadian provinces and territories: Alberta, British Columbia, Manitoba,
Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island,
Saskatchewan, Quebec
Denmark
England and Wales
Fiji
France
Germany
Gibraltar
Hong Kong
Israel
Luxembourg
New Zealand
Norway
Portugal
Samoa
Scotland
Spain
Sweden
Swiss cantons: Aargau, Appenzell Inner Rhodes, Appenzell Outer Rhodes, Basel-
Landschaft, Basel-Stadt, Bern, Fribourg, Geneva, Glarus, Graubünden, Jura,
Lucerne, Neuchâtel, Nidwalden, Obwalden, Sankt Gallen, Schaffhausen,
Schwyz, Solothurn, Thurgau, Ticino, Uri, Valais, Vaud, Zug, Zurich
Taiwan
Tonga
US states/district: Alabama, Arizona, Arkansas, California, Colorado, Florida,
Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana,
Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska,
New Hampshire, New Jersey, New York, North Carolina, North Dakota,
Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina,
South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia,
Wisconsin, Wyoming, District of Columbia
6 Coercion in community mental health care
so. Also, it can be difficult to maintain trust when needs to coerce formally or discuss
the need for compulsion (Nath et al. 2012). This is recognized by patients receiving
community care (Laugharne et al. 2012).
The distinction between what constitutes formal and informal coercion may be
unclear to patients as they experience health professionals’ roles simultaneously as
empowering and controlling—the same people help them, persuade them, and, at
times, compel them (Angell and Mahoney 2007). While this is also true in the hospi-
tal setting, the consequences may be more pronounced in outpatient services where
professionals often are involved across different spheres of patients’ lives (Rugkåsa
et al. 2014).What is experienced as coercive might, however, depend on what the
individual perceives as constituting a legitimate use of authority. Very limited
research has investigated the ‘personal experiences’ within which perceived coercion
exists or the socio-cultural meanings attached to coercion in the community setting.
While leverage and informal coercion are recognized by patients, pre-defined ques-
tionnaire items may not fully account for the multiple forms and sources of pressure
that influence them. For example, patients can experience considerable internalized
pressure arising from socio-cultural expectations about social roles and obliga-
tions, such as being a good parent (Canvin et al. 2013), but this is rarely reflected in
research.
Family members are often identified as a source of coercion. This may be unsurpris-
ing as they have a vested interest in the patient’s adherence to treatment. Mental illness
can create unusual relationships between services and the families it affects, as patients
can be detained against their will with or without the family’s cooperation. Even when
this leads to improved care, conflicting views occur. Insight into personal experiences
of patients, health professionals, and family members has the potential to enhance
our understanding of how community coercion unfolds. In those parts of the world
where mental health services or mental health legislation is limited or absent, families,
communities, and alternative service providers in particular play a prominent role. As
will be highlighted in Part 3 of this volume, many of the same processes of informal
coercion exist across different continents.
of questions. What coercive practices take place in the community setting? What are
their purposes? Do they work? How are they experienced by those on the giving and
the receiving end? How do these practices vary across populations and continents?
What ethical issues are raised by community coercion and how is it regulated by law?
Collectively, our contributors address these questions from a variety of perspectives,
drawing on diverse disciplines such as law, sociology, medicine, anthropology, history,
and psychology.
The book is divided into five parts. In Part 1, Coercion in the community: origins and
extent, Tom Burns (Chapter 2) provides an overview of the shift from hospitals to the
community setting. He focuses in particular on how CTOs have emerged—despite a
lack of evidence for their effectiveness—and developed in many parts of the world as
a response to public concern about patient welfare and public safety. This is followed
up in Chapter 3 where John Dawson gives a comparative overview of legal frameworks
that surround community compulsion, showing that despite some variation in detail,
different CTO legislations overlap considerably in terms of criteria and legal processes.
Part 2, The evidence, presents what we know about the effect of coercive prac-
tices. Compared with other areas of medicine, there is a relatively modest amount of
research in this field so it is possible to discuss it in some detail. Stéphane Morandi
(Chapter 4) provides an overview of descriptive and epidemiological studies of CTOs,
focusing on the processes and practical applications involved, the characteristics of
the people placed on such orders across different jurisdictions, and the inconsistencies
in the outcomes observed in these kinds of studies. Steve Kisely (Chapter 5) reviews
experimental studies of the effectiveness of CTOs and discusses methodological issues
impacting on research design and generalizability. In Chapter 6, Ksenija Yeeles out-
lines the research measuring outcomes of informal coercion in community care. She
shows that, where they are studied, informal coercive practices are heavily used but
there is no strong evidence for what predicts experiences of perceived coercion. In the
final chapter of Part 2, Diana Rose (Chapter 7) summarizes service-user-led research
on coercion in the community. She sets out the case for how such research can provide
a different perspective and she provides an outline of how a user-led research pro-
gramme could be constructed.
Part 3, The experiences, is concerned with coercion as a social phenomenon, cover-
ing its objective and subjective manifestations and its impact on people’s lives. It sheds
light on how formal and informal coercion are often intertwined. Stefan Sjöström
(Chapter 8) investigates the micro-level enactment of coercion in community settings,
in particular how ‘coercion contexts’ may be invoked, often inadvertently, and how this
may help to explain the interconnectedness of formal and informal coercion. Krysia
Canvin (Chapter 9) summarizes current research on patient experiences and percep-
tions of coercion, with particular attention to qualitative studies. A complex picture
emerges of how patients perceive negative and positive dimensions of interventions,
including obligations, safety, and the threats they have encountered. The variation in
views among patients is also reported by family caregivers, and the literature on the
role of the family in community coercion is reviewed by Jorun Rugkåsa (Chapter 10).
Family members may exert influence directly or when engaged in the formal or infor-
mal coercive practices of professionals but may also experience themselves as being
8 Coercion in community mental health care
coerced. Finally, Beth Angell (Chapter 11) reviews the literature on the experience
of mental health professionals in applying community coercion. This includes both
compulsion and the full range of informal practices. From the perspective of health
professionals these practices become deployed as tools in tasks that can be difficult and
unpredictable and include both clinical and legal responsibilities.
While the chapters in Parts 2 and 3 are primarily empirically oriented, Part 4,
The context, presents overarching perspectives from different positions. First, David
Pilgrim (Chapter 12) presents a sociological perspective on the socio-ethical challenge
of detention without trial. Outlining the phenomena from the theoretical positions
of social causationism, labelling theory, and social history he calls for more a con-
text-specific understanding of coercion as a social process. Next, Genevra Richardson
(Chapter 13) discusses the human rights implications of community compulsion,
in particular the implication of the UN Convention on the Rights of People with
Disabilities and how community mental health care may need to be reshaped to reflect
the principles of this fundamental challenge to both formal and informal coercive
practices. In Chapter 14, Tania Gergel and George Szmukler suggest that community
compulsion represents a new ‘grey area’ in the ethical debate and that different levels
of coerciveness (spanning from persuasion, interpersonal leverage, inducements and
threats to compulsion) require different ethical justifications. They propose a capacity-
based approach as a way forward.
The fact that the vast majority of existing research on coercion has been conducted
in Western industrialized countries unfortunately means that the first four parts of
the book are not truly global in scope. Part 5, International perspectives, attempts to
outline current practice, law, and policy in all continents. These have been particularly
challenging chapters to write. In some continents, such as North America and Europe,
there is a wealth of material that is difficult to condense into one chapter, while in oth-
ers it has been hard, if not impossible, to obtain basic information about legislations
or mental health systems. Reliable information on informal coercion has been par-
ticularly difficult to obtain. As a result, the authors have needed to make judgements
about what information to include, and in how much detail. This means some coun-
tries or areas are inevitably described in more depth than others. Together, however,
these chapters demonstrate the enormous variations in mental health care between
continents and between countries within them. The chapters are as follows: Richard
O’Reilly on the Americas (Chapter 15), B. N. Raveesh, Swaran P. Singh, and Soumitra
Pathare on Asia (Chapter 16), Hui Ching Wu, Frank Huang-Chih Chou, Mariam Ali,
and Andrew Molodynski on Southeast Asia (Chapter 17), Angelo Fioritti and Thomas
Marcacci on Europe (Chapter 18), Atalay Alem and Catherine Manning on Africa
(Chapter 19), and Anthony J. O’Brien on Oceania (Chapter 20). In the penultimate
chapter, Andrew Molodynski (Chapter 21) draws together the major themes from the
six regional chapters and distils implications for future global mental health. A cen-
tral theme is the intrinsic coerciveness stemming simply from a lack of available ser-
vices or treatment in large parts of the world. Finally, in Chapter 22, the editors bring
together some ideas for the future of this complex, hard to measure, and important
aspect of psychiatry.
Introduction 9
References
Angell B, Mahoney C (2007). Reconceptualizing the case management relationship in intensive
treatment: a study of staff perceptions and experiences. Administration and Policy in Mental
Health, 34:172–188.
Burns T (2004). Community mental health teams: a guide to current practices. Oxford: Oxford
University Press.
Canvin K, Rugkåsa J, Sinclair J, et al. (2013). Leverage and other informal pressures in
community psychiatry in England. International Journal of Law and Psychiatry, 36:100–106.
Hoge SK, Lidz C, Mulvey E, et al. (1993). Patient, family, and staff perceptions of coercion
in mental hospital admission: an exploratory study. Behavioral Sciences and the Law,
11:281–293.
Hoge SK, Lidz CW, Eisenberg M, et al. (1997). Perceptions of coercion in the admission of
voluntary and involuntary psychiatric patients. International Journal of Law and Psychiatry,
20:167–181.
Laugharne R, Priebe S, McCabe R, et al. (2012). Trust, choice and power in mental health
care: experiences of patients with psychosis. International Journal of Social Psychiatry,
58:496–504.
Marshall M, Lockwood A (2000). Assertive community treatment for people with severe
mental disorders. Cochrane Database of Systematic Reviews, CD001089.
Monahan J, Redlich AD, Swanson J, et al. (2005). Use of leverage to improve adherence to
psychiatric treatment in the community. Psychiatric Services, 56:37–44.
Nath SB, Alexander LB, Solomon PL (2012). Case managers’ perspectives on the therapeutic
alliance: a qualitative study. Social Psychiatry and Psychiatric Epidemiology, 47:1815–1826.
Neale MS, Rosenheck RA (2000). Therapeutic limit setting in an assertive community
treatment program. Psychiatric Services, 51:499–505.
Rugkåsa J, Canvin K, Sinclair J, Sulman A, et al. (2014). Trust, deals and authority: community
mental health professionals’ experiences of influencing reluctant patients. Community
Mental Health Journal, 50:886–895.
Stensrud B, Hoyer G, Granerud A, et al. (2015). ‘Life on hold’: a qualitative study of patient
experiences with outpatient commitment in two Norwegian counties. Issues in Mental
Health Nursing, 36:209–216.
Szmukler G, Appelbaum PS (2008). Treatment pressures, leverage, coercion, and compulsion
in mental health care. Journal of Mental Health, 17:233–244.
Van Dorn RA, Elbogen EB, Redlich AD, et al. (2006). The relationship between mandated
community treatment and perceived barriers to care in persons with severe mental illness.
International Journal of Law and Psychiatry, 29:495–506.
Wertheimer A (1987). Coercion. Princeton, NJ: Princeton University Press.
Williams F (2009). Claiming and framing in the making of care policies: the recognition and
redistribution of care. Geneva: United Nations Research Institute for Social Development.
Retrieved 15 March 2015 from: http://www.unrisd.org/80256B3C005BCCF9/search/F0924
AD817FE8620C125780F004E9BCD?OpenDocument.
Part 1
Coercion in the
community: origins
and extent
Chapter 2
Compulsion in community
mental health care: historical
developments and current
provisions
Tom Burns
Deinstitutionalization
The last 50 years has been marked by the shift of care from large institutions to the
community. In the aftermath of World War II most developed countries introduced
forms of a welfare state which provided at least minimal provision for income support,
accommodation, and access to health care for all their citizens. At the same time disil-
lusionment with asylum care set in, fuelled by a recognition of its potentially damag-
ing effects on long-term patients (Barton 1959; Goffman 1960) and emerging stories
of abuse and neglect (Department of Health 1969; Talbott 1978). The discovery of the
first effective antipsychotic, chlorpromazine, in 1952 and of antidepressants in the late
1950s accelerated this move out of the asylum. The process of deinstitutionalization
with the down-sizing and eventual closure of most of these large hospitals came to be
the defining feature of mental health care in the Western world in the second half of
the twentieth century.
How well deinstitutionalization was managed varied considerably. In much of
Europe it was conducted reasonably well (Leff et al. 2000; Priebe et al. 2002) with a
systematic re-provision of care and accommodation for disabled patients. Italy took
a radically different approach by passing a law in 1978 (‘law 180’) which effectively
abolished mental hospitals and prevented admissions (Mangen 1989). In the USA,
however, deinstitutionalization was not matched by the provision of either adequate
accommodation or effective community mental health services (Bachrach 1982;
Talbott et al. 1987). The US problems were exacerbated by the very rapid closure of
beds but also by the Lessard decision, which severely restricted clinicians’ ability to
provide prolonged rehabilitative care for patients with severe psychosis who rejected
treatment. The result was a wave of incarceration of such patients and a growing con-
cern about the criminalization of mental illness.
Historical developments and current provisions 15
‘Preventative’ CTOs
By the mid 1980s most US states had introduced CTO legislation in a form that
allowed a lower threshold for compulsion, so-called preventative CTOs. Preventative
CTOs were explicitly constructed to authorize continuing treatment in partially
recovered patients to forestall deterioration and relapse. Three features are common
to most preventative CTO regimes. First, the wording of the legislation for their use
distinguishes their threshold from that required for inpatient care and they usually
have their own separate process and paperwork. Second, they recognize the right to
intervene before there is a clear deterioration in mental state. Third, they usually out-
line a mechanism for their implementation—specific clinical procedures that must be
followed, or reporting structures that must be in place. This requirement to outline
what is offered is, in part, an attempt to respond to the ethical principle of ‘reciproc-
ity’. Reciprocity requires that when something is forfeited (liberty) something (treat-
ment or care) should be offered in exchange (Eastman 1994). The surprising alliance
between clinicians and civil rights groups was now at an end and preventative CTOs
have become the dominant model internationally.
The first CTOs to be introduced outside the USA were in Australia and New Zealand.
Their orders have some features of both the least restrictive and the preventative
approaches. The conditions for inpatient detention and community compulsion are
the same; indeed clinicians do not need to specify where compulsion will be exerted.
However, the threshold for their imposition allows compulsion based on a longitudi-
nal assessment of risk. Thus, in practice, stable patients can be (and are) maintained on
CTOs for months and even years. A mixed approach was also adopted in Wisconsin,
USA, in 1998, where a patient could ‘waive’ their rights in a mental health court and
‘voluntarily’ comply with treatment. In Israel the 1991 wording is as for a least restric-
tive CTO but ‘clinical discretion’ has been allowed which effectively ensures it operates
as a preventative CTO.
of psychosis with active positive symptoms is required. This is not, however, the whole
picture.
In many cases the real political momentum for introducing CTOs has come from
concerns about public safety and the need to strengthen confidence in mental health
services. Often this has crystallized out around high-profile homicides carried out by
mentally ill individuals. These patients have usually been known to services, most often
having been treated for schizophrenia, but at the time of the offence were refusing to
continue with medication. Legislation following such tragedies often takes the name
of the victim [Kendra’s Law in New York (2005), Laura’s Law in California (2001),
Brian’s Law in Ontario, Canada (2000)]. UK legislation (in 2007) did not acquire such
a name but was undoubtedly initiated in response to the killing of Jonathan Zito by
Christopher Clunis in 1992 (Ritchie 1994). Where legislation is driven by such con-
siderations the public consultation is often long and fraught. The UK legislation was
preceded by nearly 20 years of often heated debate, and the legislation in Victoria,
Australia (in 1986) by 5 years of consultation. Where the introduction is not fuelled by
such concerns about public safety but entirely by those of patient welfare then public
debate is often minimal and acceptance readily obtained. Sjöström et al. (2011) have
compared the introduction of CTO legislation in Scandinavia with that in the USA
and UK and linked concerns with patient welfare and solidarity with an easy accept-
ance. In New Zealand, where CTO legislation in 1992 simply consolidated routine
clinical practice based on the use of long leave, public opinion was highly supportive
from the start.
Patient characteristics
In contrast to the random variation in international utilization of CTOs the charac-
teristics of patients placed on them is reassuringly consistent. Churchill et al.’s (2007)
review of 72 CTO publications identified a common theme. Patients were middle aged
18 Coercion in community mental health care
(35–40 years old), more often men (60%) and suffered from psychotic illnesses (80%
with schizophrenia). They were in the mid phase of their illness with usually about
10 years of service contact and had multiple previous admissions, mostly involuntary.
They often had some history of violence, but the current clinical picture was more one
of isolation and neglect with minimal insight.
Published studies contain some surprising observations, such as widely varying
rates of substance abuse and personality disorder. The latter shows the most extreme
variation [24.5% in Western Australia (Xiao et al. 2004) and 0.8% in New Zealand
(Dawson and Romans 2001)]. However, it is difficult to be sure how much this demon-
strates differences in clinical practice or how much it reflects differences in recording.
US publications indicate a very high rate of use with African Americans—between
twice and three times the proportions in the local population [New York 42% cf. 15%
(New York State Office of Mental Health 2005), North Carolina 66% cf. 22% (Hiday
et al. 1999)]. In Australasia, Maori and Aboriginal patients are over-represented by
more than 100% (Maori 14% cf. 6%, Aboriginals 7% cf. 3.2%) (Dawson and Romans
2001; Xiao et al. 2004).
SPRINGING FORWARD HE
CAUGHT THE CLUB.
For the present, my pen is here laid aside. I shall wait to see what
use the Lord makes of Part First of my autobiography, before I
prosecute the theme. If the Christian public seems not to find in it
the help and quickening that some friends think it likely to bestow on
those who read, the remainder need not be written. Part Second, if
called for, will contain a record, in many respects, an utter contrast
to all that has gone before, and yet directly springing therefrom, as
will be seen by all who look beneath the surface. I am penning these
words in 1887, and five-and-twenty years lie betwixt this date and
my farewell to Tanna. These years, if ever published, will tell the
story of my visiting all the Colonial Churches, and collecting the
purchase money of our white-winged Mission Ship, the Dayspring;
my return to Scotland, visiting all the home congregations in 1864,
and securing several new Missionaries to follow me to the New
Hebrides; my second marriage, and settlement on Aniwa, with her
whom the good Lord still spares to me, the mother of our happy
family, and my God-given helpmeet in all the work of the Gospel; the
conversion of that whole island of Aniwa from idolatry, and the
planting there of a Church and Congregation of Christ, from which
have since gone forth many Native Evangelists and Teachers. Then
there will fall to be recorded my call from the Islands in recent years
to revisit all the Colonial Presbyterian Congregations once again,
telling them the story of the Conversion of Aniwa—the sinking of the
well, and other incidents, which turned an entire people from idols
and from cannibalism to the service of the living and true God—
whereby the Churches, and especially the children, were led more
and more to make the New Hebrides their own very harvest field in
the Heathen world. And finally, I will have to tell how I was again
sent home to Scotland in 1884 to raise money for the purchase or
building of a steam-auxiliary Mission Ship, now urgently required in
the interests of the Mission, both because of the great increase in the
number of the Missionaries and the necessities of so many families;
and also and chiefly to avert the dreadful disappointments and loss
of time, and thereby sometimes of life itself, caused by the frequent
becalming of our little Dayspring in these thickly-islanded seas. That
part of the story will show the fruits of the education and perils and
experiences of a lifetime, in the marvellous impression produced by
the simple and unadorned recital of the story of Tanna and Aniwa,
amongst the Christian people of Scotland, Ireland, and England.
Multitudes were blessed in almost every town where a meeting was
granted me. Three Missionaries devoted themselves to the New
Hebrides, and are already labouring there; while others consecrated
themselves to several of the great seats of Foreign Mission enterprise
in Africa and Asia. I returned to my own Church of Victoria with a
sum of nearly £9,000, of which £6,000 was for the new Missionary
Steam-Auxiliary, and the remainder for the outfit and support of
more Missionaries for the Islands; and that money I handed over to
the Australian Church, where it awaits, at interest in the bank, the
arrangements being made by all the Colonies to take each their due
share in the future up-keep of the Ship. For this—for everything—for
all, praise be to the Lord! I never asked one subscription, except in
prayer and in my public appeals. The Lord sent in all freely to me
through the hands of His people; to Him be all the glory. I went back
to Aniwa, and found the work of the Lord going forward there as if in
a regularly settled Congregation at home, fostered and guided by an
occasional visit of my ever dear and genuine friends, Mr. and Mrs.