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Definition of Mental Disorder
‘Mental disorder’ is defined as:
‘mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of the mind.’
Mental illness is not defined in the Mental Health Act and the courts have considered a definition unnecessary, suggesting that the test should be what the ordinary sensible person would decide on a case-by-case basis. The conditions which are generally accepted as falling under the category of ‘mental illness’ include schizophrenia and mood disorders. Most admissions under the MHA requiring the category of mental disorder to be specified are admissions of individuals with a diagnosis of a mental illness.
The MHA defines three other forms of mental disorder:
The Mental Health Act states that a person cannot be treated as mentally disordered solely on the grounds of ‘promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs.’
The terms used in the Mental Health Act are legal, not medical, categories. While recognising these terms have no legal meaning in the context of the Mental Health Act, many people, in particular people who use mental health services, prefer terms such as ‘mental health problems’ and ‘mental distress’ when describing their experience.
‘mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of the mind.’
Mental illness is not defined in the Mental Health Act and the courts have considered a definition unnecessary, suggesting that the test should be what the ordinary sensible person would decide on a case-by-case basis. The conditions which are generally accepted as falling under the category of ‘mental illness’ include schizophrenia and mood disorders. Most admissions under the MHA requiring the category of mental disorder to be specified are admissions of individuals with a diagnosis of a mental illness.
The MHA defines three other forms of mental disorder:
- Severe mental impairment: ‘a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning and is associated with abnormally aggressive or seriously irresponsible conduct on the part of the person concerned.’
- Mental impairment: ‘a state of arrested or incomplete development of mind (not amounting to a severe mental impairment) which includes significant impairment of intelligence and social functioning and is associated with abnormally aggressive or seriously irresponsible conduct on the part of the person concerned.’
- Psychopathic disorder: ‘a persistent disorder or disability of mind (whether or not including significant impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the person concerned.’
The Mental Health Act states that a person cannot be treated as mentally disordered solely on the grounds of ‘promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs.’
The terms used in the Mental Health Act are legal, not medical, categories. While recognising these terms have no legal meaning in the context of the Mental Health Act, many people, in particular people who use mental health services, prefer terms such as ‘mental health problems’ and ‘mental distress’ when describing their experience.
