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Treatment forced on the mentally ill

The law is already compelling people with schizophrenia to take their medicine, but doing so may not reduce the risk of violence
Treatment forced on the mentally ill

AFTER Cho Seung-Hui shot and killed 32 people on the Virginia Tech campus on 16 April last year, it quickly became apparent that he was seriously ill at the time. We will never have a precise diagnosis, as Cho also took his own life, but it seems likely he was suffering from paranoid delusions, probably due to untreated schizophrenia.

After years of denial, mental health professionals are increasingly coming to recognise that a handful of people like Cho with untreated schizophrenia are at risk of committing serious acts of violence. Most recently, the spotlight has fallen on people with schizophrenia suffering their first bout of severe psychosis.

Fortunately, incidents like the Virginia Tech shootings are rare, and almost totally preventable with gun control. Nevertheless, public anxiety has led politicians to look for ways to get patients into treatment quickly, and keep them there – even if it means doing so against their will. Increasingly hopes are being pinned on so-called preventive involuntary outpatient commitment (IOC), both to reduce the risk of violence and to safeguard the health of those who are ill.

Typically, IOC court orders force patients who are not sick enough to be committed as inpatients to undergo treatment in the community – backed up by the threat of forced hospitalisation if they don’t comply. The hope is that if people with serious psychiatric conditions are required to get treatment, they will not deteriorate to the point where they have to be detained against their will, or end up harming themselves or others.

IOC is already used in seven states in the US, and in New Zealand, Australia and Scotland. It is due to be introduced in England and Wales in October this year (see “How the laws work”). Such policies are, however, being called into question, not least because there is little evidence that IOC either reduces violence or improves the health of the people it is applied to.

At present, only around half of those with schizophrenia in these countries who need treatment actually get it. Among the reasons for this are the difficulty of gaining access to psychiatric services, and unacceptable side effects some people experience from the drugs. To make matters worse, schizophrenia often robs patients of any awareness that they need treatment, making them even more likely to reject it. This point is often cited by those in favour of coercion.

However it is the argument that forcing people into treatment might reduce violence against others, especially homicide, that primarily sways legislators. This risk of violence has been a hot topic since the widespread shift from keeping mentally ill people in hospital to treating them within the community.

It was debated recently in a report in last month’s issue of Psychiatric Services (). “There is clearly some relationship between mental disorder and violence – it would be completely disingenuous to deny it – but it is not large,” says John Monahan, a psychologist and authority on mental health law at the University of Virginia who co-authored the report.

It is generally agreed that serious violence is most likely to be perpetrated by people with certain types of disorder. The most important of these conditions are antisocial personality disorder, which is extremely difficult to treat, and a minority of cases of schizophrenia, which is highly treatable. Recent studies are narrowing down the risk particularly to people in the early stages of schizophrenia (see “Urgent treatment”).

So would forcing people to be treated help? A systematic review of IOC published last year by Rachel Churchill, head of evidence-based mental health at the Institute of Psychiatry in London, concluded that “research in this area has been beset by conceptual, practical and methodological problems”, and that “it is not possible to say whether [IOC is] beneficial or harmful to patients”.

Only two large randomised studies have ever investigated IOC’s effectiveness. One study of 264 psychiatric patients, led by Marvin Swartz at Duke University in North Carolina, found small reductions in violence and re-hospitalisation among patients who received at least three treatment sessions a month for at least six months under an IOC order, compared to patients who were not under a court order.

However, a second study of 142 psychiatric patients in New York found no benefit from IOC, and the results have been widely interpreted to suggest that better voluntary psychiatric care and support such as housing are the key, rather than coercion.

This raises the spectre that mentally ill people are having their civil rights curtailed for no good reason. “It’s the mental health version of the ‘war on terror’, says Ira Burnim of the Bazelon Center for Mental Health Law in Washington DC. “Characterise others as individuals with whom we can’t reason, who are bent on doing us violence, and use it to justify extraordinary legal approaches.”

Paul Mullen, clinical director of Forensicare, which provides psychiatric services to mentally ill offenders in the Australian state of Victoria, also thinks IOC is the wrong way to go. “People who are likely to be violent are by and large disorganised and impulsive, and likely to ignore an IOC order,” he says. “Force is not the way to offer any type of healthcare, least of all mental healthcare. Force simply alienates them more.”

“Force is not the way to offer any type of healthcare, least of all mental healthcare. Force simply alienates them more”

Mullen points out that only a small proportion of people with schizophrenia are violent, and even fewer will commit acts of serious violence. As factors such as substance abuse and homelessness are thought to aggravate the risk, a better approach, he says, would be to increase the time patients at high risk of violence spend in involuntary hospital treatment – from the current seven to 10 days, to up to eight weeks – to ensure that their illness and any addiction problems are under control. Once people are released from hospital, more effort needs to go into ensuring that they get adequate voluntary treatment and rehabilitation – whether or not they pose a risk of violence.

Burnim agrees that improved voluntary services should be the first line of attack. “If we still find that a small group of people are avoiding treatment, let’s see what we can do then,” he says.

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How the laws work

Kendra’s law, named for Kendra Webdale who died after being pushed under a New York subway train by a man who had untreated psychosis, is considered the archetype in the US for preventive involuntary outpatient commitment (IOC).

Under Kendra’s law, various people, including a parent or a roommate, may petition a court to issue an IOC order. For it to be granted, a doctor has to attest that the person it covers meets several criteria, including “suffering from a mental illness”, needing treatment to prevent a relapse that “would be likely to result in serious harm to the person or others”, and having a history of not complying with treatment. The criteria are far less stringent than those needed to commit someone to a psychiatric ward.

If, once an IOC has been issued, the person does not turn up for treatment, the police are sent to pick them up. If they still refuse treatment, they can be assessed for involuntary hospitalisation.

The law that will come into force in England and Wales in October has a slightly different goal. Here “supervised community treatment” aims to address the problem of patients who stop treatment after leaving hospital, and then end up being compulsorily sent back there. There is a tacit assumption, however, that supervised community treatment will also help reduce the number of violent acts committed by people with disorders like schizophrenia. Some patients already in hospital who would be a risk to themselves or others if they discontinued treatment will not be discharged unless they agree to comply with a community treatment order.

An order can specify a course of treatment and, according to Andy Bell, chair of the UK’s Mental Health Alliance, could also restrict where and how a person lives: for example, by banning them from visiting a pub. “We’ve never had that level of compulsion before,” Bell says. An order “can specify where you live, what you can or cannot do. We have strong ethical objections.”

Urgent treatment

Only a small proportion of people with schizophrenia are violent, and it is getting easier to pinpoint who they are. Several recent studies suggest that people in the early stages of the disease are the ones who are most often charged with homicide (The Medical Journal of Australia, vol 186, p 301, and Psychiatric Services, vol 57, p 1648).

In the Australian state of New South Wales, “1 in 220 new cases of schizophrenia present by killing someone”, says Olav Nielssen, a psychiatrist at St Vincent’s Hospital in Sydney who ran one of the studies. Worldwide, he found that the risk of homicide is 20 times higher during a person’s first episode of psychosis than in subsequent years. One suggested explanation for this is that people may not yet have learned to recognise delusions that drive them to violence as symptoms of their illness.

Other studies from around the world have found that between 13 and 30 per cent of schizophrenia cases come to light after the patient has committed a seriously violent act, such as assault with grievous bodily harm and attempted murder.

Perhaps most telling is a review that came out this January of 16 studies from eight countries by Nielssen and Matthew Large, an independent psychiatrist in Sydney, which found that the longer the psychosis goes untreated, the greater the danger (Social Psychiatry and Psychiatric Epidemiology, vol 43, p 37). The time taken to diagnose and treat schizophrenia ranged from a year after the onset of psychosis in New South Wales to just 17 weeks in Finland.

To psychiatrists like Nielssen and Large the lesson is obvious: treat people sooner and the risk of violence will fall. They see this as an argument for the wider and earlier use of measures like involuntary outpatient commitment, as well as measures to ensure that people showing early signs of psychiatric deterioration get a timely assessment – by force, if necessary.

Topics: Mental health