"The uncooperative nearest relative and admission under sections 2 and 3 of the Mental Health Act 1983".

Compulsory admission of patients to hospital for assessment and for treatment is governed by sections 2 and 3, respectively, of the Mental Health Act 1983. The nearest relative of a patient plays an important role in the admission of a patient under those two sections. The term, 'uncooperative nearest relative', is used to describe the nearest relative who objects unreasonably to the making of an application for treatment under section 3 of the Act. The uncooperative nearest relative and admission under sections 2 and 3 is a topic that has been treated in the literature but not to the same extent as this article does. This article aims to contribute to the literature by looking at not only the nearest relative and sections 2 and 3 of the Act generally but also at two problems concerning the uncooperative nearest relative that have been lurking in the background over the years and then proposing solutions for them.

Rationing of resources in the National Health Service.

The National Health Service was set up to provide healthcare to every citizen, based not on the ability to pay, but on need. However, the Secretary of State for Health's duty under section 1 of the National Health Service Act 2006 to promote a comprehensive health service is to provide services that can be provided within the resources available. As those resources are not unlimited, it is necessary to ration them. The issue of rationing of resources in the NHS came up again in R (Wallpott) v Welsh Health Specialised Services Committee and Aneurin Bevan University Health Board [2021] EWHC 3291 (Admin). This paper reviews that case and comments on it, looking at why there is rationing of NHS resources and at the approach of the courts to the issue. It concludes that, although rationing of NHS resources is controversial, it is lawful and necessary.

The "Right" to refuse treatment.

The "right" of an adult patient with capacity to refuse treatment has been very well recognized by the courts over the years. Recently, it was the central issue in this recent case, PH (by his litigation friend, the Official Solicitor) v Betsi Cadwaladr University Health Board ([2022] EWCOP 16). This paper briefly reviews the case and goes on to present the author's views on the general "right" to refuse treatment and the meaning of "right" in the expression, "the right to refuse treatment". It then points out other relevant matters worth noting.

The advance decision in the limelight again: Re PW (Jehovah's Witness: Validity of Advance Decision) [2021] EWCOP 52SEF.

This paper discusses the advance decision, which was the subject-matter of Re PW (Jehovah's Witness: Validity of Advance Decision) [2021] EWCOP 52. An advance decision is basically a decision, made by a person with mental capacity, that they should not be given a particular medical treatment if they lack such capacity later. This paper considers and comments on some of the terms used to describe the advance decision, some principles relating to it, some arguments for and against it, whether it is revocable, and its standing in relation to the Mental Health Act 1983, as amended. Two limits of an advance decision (it is revocable and can be overridden by the Mental Health Act 1983, s 63) are exposed by the paper.

The duty to provide after-care under section 117 of the Mental Health Act 1983 again.

In December 2021 the Court of Appeal (Civil Division) published its ruling in Worcestershire County Council, R (On the Application Of) v Secretary of State for Health and Social Care [2021] EWCA Civ 1957, a case about a dispute between two local authorities regarding which of them should bear the duty to provide after-care for a patient (service user) following her discharge from her second detention under section 3 of the Mental Health Act 1983. The primary issue in the case was where she was ordinarily resident at the time of her second detention under s 3 of the Mental Health Act 1983. This paper reviews the case, surveys the evolution of the duty to provide after-care and comments on specific aspects of the Court of Appeal's decision.

Novel phase change materials for thermal energy storage: Evaluation of tropical tree fruit oils.

We report for the first time the evaluation of oils from the tropical forest tree, Allanblackia, shea butter and palm kernel oil as a potential phase change material for thermal energy storage based upon its thermo-physical and chemical properties. Differential Scanning Calorimetry showed that all the oils were polymorphic and hence exhibited multiple melting/freezing profile over a wide range. For both melting and freezing cycles, Allanblackia oil showed high latent heat of energy (80.53 J/g) with the highest melting point profile (34.74 °C) of all the oils. Thermo-gravimetric analysis showed that all the oil samples were thermally stable and did not degrade within the temperature of interest even though Allanblackia oil showed an increase in weight around 37 °C indicating oxidative instability. Chemical stability was confirmed by FTIR spectra. Of all the oils studied, Allanblackia exhibited a potential for use as a PCM for thermal energy storage if purified to improve oxidative stability.

The Mental Health Acts 1983 and 2007 and the offender-patient who absconds from hospital.

Absconding from mental hospitals is a topic worth investigating because absconding usually has a variety of adverse consequences, not only for the absconders but also for the public and so forth. From a medical perspective, there have been several studies of absconding by mental patients and the harm they cause to themselves and others while they are at large. However, there is a paucity of such studies from a purely legal perspective. This study aims to contribute to the literature from a legal perspective by focusing on the offender-patient who absconds from hospital. It is argued, inter alia, that given the various ramifications of absconding from hospital, it is unsatisfactory that some offender-patients (specifically those on a hospital order without restrictions; s37 of the Mental Health Act 1983) could only be retaken within 28 days when they abscond from hospital, whereas non-offender patients in hospital under s3 of the same Act could be retaken within six months at least. Recommendations for reform of the law are duly tendered.

The nearest relative and s 3 of the Mental Health Act 1983 again.

The nearest relatives of mental patients play an important role. They refer them informally or formally (by making an application for their admission) to hospital; they are consulted about applications for admission for treatment under s 3 of the Mental Health Act (made by Approved Mental Health Professionals); they can order, subject to a medical veto, the discharge of some compulsorily detained patients; they make applications to the Mental Health Review Tribunal, etc. However, choosing which is the nearest relative for this purpose is not open to even a competent mental patient but has to be selected from a prescribed list under s 26 of the Mental Health Act 1983 though a patient can initiate proceedings to displace their statutory "nearest relative". This has resulted in court cases, most recently JT v United Kingdom [2000] 1 FLR 909. Further, when an application for treatment under s 3 of the Mental Health Act 1983 is made by an Approved Mental Health Professional, s 11(4) of the Act requires that applicant, first, to consult with the patient's nearest relative. This issue arose in TW v Enfield LBC [2014] EWCA Civ. 362. This paper considers and comments on these and other issues and identifies two unsatisfactory features of the law and makes recommendations for reform.

Informal and involuntary mental patients in England and Wales: a comparison in the light of Rabone.

Informal and involuntary (compulsorily detained) patients are the two broad categories of patients in psychiatric hospitals today. In Rabone v Pennine Care NHS Trust the Supreme Court made, among other things, a distinction between the two types of patients. This article contributes to the literature by adding to that distinction. It looks at the evolution of the term, 'informal patient', gives an account of Rabone case and then deals with the comparison between the two types of patients.

Rapid characterization of biomass using near infrared spectroscopy coupled with multivariate data analysis: Part 1. Yellow-poplar (Liriodendron tulipifera L.).

This paper is the first of a two series papers on the use of near infrared (NIR) coupled with multivariate data analysis (MVDA) as a process analytical technology (PAT) tool for the rapid characterization of physical and chemical properties of two common West Virginian hardwood species, northern red oak (Quercus rubra) and yellow-poplar (Liriodendron tulipifera L.). These two wood species are potential feed stock for the bio-refinery industry. In Part 1, we report our results on yellow-poplar. The results of this study demonstrated that some preprocessing operations on the NIR spectra (first derivative) greatly improved all the prediction models developed in the study. Predictive PLS1 models developed using selective spectra regions, 1300-1800 nm and the full NIR region (800-2400 nm), were similar. The selective spectra region, 1300-1800 nm, included the first and second overtone of the NIR spectrum (1300-1800 nm). Measured and predicted physical and chemical properties of yellow-poplar yielded moderate to high correlation (R2).

Characterization of sugars from model and enzyme-mediated pulp hydrolyzates using high-performance liquid chromatography coupled to evaporative light scattering detection.

High-performance liquid chromatography (HPLC) coupled to an evaporative light scattering detector was used to quantitatively determine glucose and cellobiose in hydrolyzates from the production of cellulose nanofillers from modified lignocellulosic materials. Prevail Carbohydrate ES 5 micron column proved more suitable for achieving the chromatographic separation of the model pulp hydrolyzate into its constituent sugars than the YMC-Pack Polyamine column. Linear calibration curves for the various sugars in the mixtures were developed. Glucose and cellobiose were clearly detectable in pulp hydrolyzates obtained from enzyme-mediated hydrolysis of recycled pulp, pine and hardwood dissolving pulps. Finally, the amount of glucose in the pulp hydrolyzates was generally higher than cellobiose.

The police and section 135(1) of the Mental Health Act 1983.

The police play a very important role in society. It is, basically, maintenance of the peace through law enforcement, prevention of crime and provision of social support. One aspect of their provision of social support, so far as mentally disordered persons are concerned, is their role under section 135(1) of the Mental Health Act 1983, about which there is a paucity of studies, in contrast with section 136 of that Act. This paper aims to contribute to the meagre literature on section 135. It looks at the role of the police and the origins of section 135(1). It analyses the subsection as it presently operates, makes some observations (including a comment on the House of Lords' decision in Ward v Commissioner of Police for the Metropolis and Another [2005] that there is no requirement for the names of professionals to be stated in a warrant issued under the subsection) and suggests how the subsection should be amended in order both to make it clearer and to reduce anxiety on the part of the person to be removed to a place of safety.

Sono-chemical preparation of cellulose nanocrystals from lignocellulose derived materials.

This study examined the production of cellulose nanocrystals from microcrystalline wood cellulose, Avicel and recycled pulp of wood pulp using sono-chemical-assisted hydrolysis. Two hydrolysis systems: deionized water and maleic acid were evaluated. In deionized water, Avicel produced cellulose nanocrystals with average diameter of 21+/-5 nm (minimum 15 nm and maximum 32 nm). Cellulose nanocrystals from recycled pulp were not distinctively spherical and had an average diameter of 23+/-4 nm (minimum 14 nm and maximum 32 nm). Maleic acid (50 mM) sono-chemical assisted hydrolysis of Avicel at 15 degrees C and 90% power output for 9 min produced cellulose nanocrystals which were cylindrical in shape and were of dimensions, length 65+/-19 nm and width 15 nm.

The nearest relative in mental health law.

This article considers the concept of the 'nearest relative' in mental health law in England and Wales and argues, inter alia, for its retention in a way that avoids violation of the European Convention on Human Rights and the Human Rights Act 1998. It looks, first, at the meaning of nearest relative and then focuses on his/her role today, including its link with advance directives for mental health care, and on the tension between nearest relatives and approved social workers and the law. The problem exposed by JT v. United Kingdom in relation to the Human Rights Act 1998 and its implications for the future are considered. The impact of the Mental Health Bill (2002) on the nearest relative is discussed and recommendations to improve the present law are then suggested.

Legal aspects of mental hospital regime in England and Wales.

Although there are several works on mental hospitals, the legal aspects of mental hospital regime have not been comprehensively studied. This paper aims to fill that gap as regards England and Wales. The empirical study was conducted in a conventional English mental hospital which was within the National Health Service. After the introduction and a brief account of modes of admission to mental hospitals, the paper focuses on various aspects of mental hospital regime such as hospital rules and policies, daily routine, treatment without consent, seclusion, close observation, searches of patients and their property, restrictions on mail, etc., and then discusses the question of their legality, characterised by the tussle between the rights of patients and the rights of society. The paper concludes that although the regimes in mental hospitals may be considered reasonable and necessary, certain features of them (e.g., treatment without consent and searches of patients and their property) are controversial.