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Mental Health Law

Mental Health Law
6th Edition
Practice Area:  Mental Health
ISBN:  9780414082311
Published by:  Sweet & Maxwell
Publication Date:  04 Nov 2020
Format:  Paperback, eBook - ProView
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Mental Health Law not only gives a plain but critical account of all the law for health and social care professionals working or training to work in the field, as well as for legal practitioners and students, but also enlivens it with discussion of the principles and policies involved, and with commentary to stimulate debate.

This book covers all issues, from the informal and compulsory care and treatment of people with mental disorders, decision-making on behalf of people who lack the capacity to make decisions for themselves, the safeguards against unjustified deprivation of liberty, the role of mental health professionals, doctors and families in making these decisions, and the powers of tribunals and the courts. The relevance of mental disorder in the criminal justice system and its effect upon other legal rights such as voting, marrying and making wills are also covered.

This new edition is now completely revised and updated to take in the latest legal developments. Key updates to the latest version include:

  • Coverage of the new Mental Health Act Code of Practice, 2015
  • Decision of the Supreme Court on the meaning of deprivation of liberty (Cheshire West)
  • Discussion of the Care Act 2014
  • Analysis of important new cases including Montgomery v Lanarkshire Health Board, Aintree University Hospitals NHS Foundation Trust v James and McDonald v McDonald
  • The changes introduced for the protection against abuse and exploitation of the incapacitated against a background of scandals such as Winterbourne View and Jimmy Savile
  • The overhaul of provision for special educational needs in the Children and Families Act 2014
  • Discussion of the controversy associated with the UK’s compliance with the obligations of the Committee on the Rights of Persons with Disabilities.
About the author:

Brenda Hale (Baroness Hale of Richmond) is Deputy President of the Supreme Court of the United Kingdom. Before joining the judiciary Brenda Hale (as Brenda Hoggett) was an academic lawyer and barrister, specialising in family and social welfare law, then a Law Commissioner promoting the reform of the law, before becoming a Judge in 1994.
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