The long-awaited 5th edition of this popular text for all mental health professionals draws together allthe law relating to mentally disordered and mentally disabled people. The book covers the Mental HealthAct 2007, which made major amendments to the Mental Health Act 1983, and the Mental Capacity Act2005, also amended in 2007, that introduced a completely new scheme for decision-making on behalfof people who lack the capacity to make decisions. Associated regulations and Codes of Practice are alsoexamined in detail.
Mental Health Law examines all the key issues, from informal and compulsory care and treatment ofpeople with mental disorders to the safeguards against unjustified deprivation of liberty and the powersof tribunals and the courts. Decision-making on behalf of people who lack the capacity to make decisionsfor themselves and the role of mental health professionals, doctors and families in making thesedecisions is given particular attention. The relevance of mental disorder in the criminal justice systemand its effect upon other legal rights such as voting, marrying and making wills are also covered.
Written by Brenda Hale, a Justice of the Supreme Court of the United Kingdom, former academiclawyer and Law Commissioner whose work led to the Mental Capacity Act 2005, Mental Health Lawgives a plain and accessible yet critical account of what has become a complex body of law. Therefore,no matter what your interest in the law related to mentally disordered or mentally disabled people âas a lawyer, psychiatrist, mental health or social care professional or family member âyou will find this a helpful guide.
The impact of the Human Rights Act and its incorporation into mental health law the rights andfreedoms set out in the European Convention on Human Rights is discussed along with key UKand Strasburg case law.
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Introduction: The story so far
1. Informality and Intervention: The BasicsOut of mind and out of sightInformal admission to hospitalCommon law necessity and the Bournewood gapThe deprivation of liberty safeguards (DoLS)In-patients' detention under section 5 of the Mental Health ActAn outline of the other Mental Health Act powersAn outline of the Mental Capacity Act powersHospitals, homes and managersThe Codes of Practice
2. Mental Disorder, Mental Capacity and the Grounds for InterventionPsychiatry is a problemClassifying the mental disorders"Mental disorder" after the 2007 ActThe exclusions from "mental disorder" in the Mental Health ActThe additional criteria for compulsion under the Mental Health ActThe concepts in the Mental Health ActCommentary
3. Professionals and Families Patients and paupersApproved mental health professionalsThe patient's familyChild patients, their families and local authoritiesDoctors and approved clinicians under the Mental Health ActConflicts of interest under the Mental Health ActMental Capacity Act assessorsCommentary
4. The Machinery for Detaining PeopleWhat is left of the common law?Gaining accessAdmission for assessment under the Mental Health ActAdmission for treatment under the Mental Health ActScrutiny and rectification of Mental Health Act documentsDeprivation of liberty under the Mental Health ActThe National Assistance Act proceduresCommentary
5. Mentally Disordered OffendersPolice and prosecutionProcedure before trialMental disorder as a defenceSentencingCommentary
6. Treatment and CareTreatment outside the Mental Health ActTreatment under the Mental Health ActManagement and controlPatients' rights to information and contactAdvocacyResearchThe Care Quality Commission
7. Moving Out and Moving OnPlanning and after-careLeave of absenceCommunity treatment ordersTransfers between hospitals and into guardianshipDischargeAbsconders and escapersSubsequent court ordersCommentary
8. Tribunals and CourtsThe TribunalThe Court of ProtectionThe Family Division of the High CourtThe Administrative CourtCommentary
9. Community CareCommunity care servicesAssessment and entitlementChildren's servicesProtection from abuse and exploitationMental Health Community powersThe Mental Capacity Act in the communityCommentary
10. Legal Capacity and Legal RightsRights of citizenshipFamily lifeWills and other giftsContracts with suppliers, employers and othersProxy decision-makersThe Court of ProtectionCriminal and civil proceedingsCommentary