Mental Health Law in England and Wales

Overview

This revised second edition is a complete guide to the Mental Health Act 1983, as amended by the 2007 Act, and is a comprehensive and up-to-date reference work for any mental health professional - from social workers and occupational therapists, to GPs and nurses. It will also be of value to patients and their elatives and carers. Featuring clear guidance on how mental health law operates in practice, this book also describes in close detail how people can be admitted to psychiatric hospital or treated within the...

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Overview

This revised second edition is a complete guide to the Mental Health Act 1983, as amended by the 2007 Act, and is a comprehensive and up-to-date reference work for any mental health professional - from social workers and occupational therapists, to GPs and nurses. It will also be of value to patients and their elatives and carers. Featuring clear guidance on how mental health law operates in practice, this book also describes in close detail how people can be admitted to psychiatric hospital or treated within the community. This revised second edition contains important updates including the Mental Health Tribunal Practice Directions and the recent introduction of the Care Quality Commission and the Health Inspectorate (Wales).

The 2007 amendment to the Mental Health Act provides a legal basis for informal admission, compulsory admission (sometimes referred to as 'sectioning'), as well as guardianship and the new Community Treatment Order, and this too is covered and explained. Also dealt with are the provisions for mentally disordered offenders who may come into mental health services via the courts or by being transferred from prison.

Written by a Solicitor, a Mental Health Act Commissioner and an Approved Social Worker with working experience of putting the law into practice, this book includes:

" The full text of the main body of the Mental Health Act (as amended) , as well as the relevant rules and regulations.

" Practical advice and checklists for working with the Act.

" Updated Case Law and relevant case examples to illustrate key points.

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Editorial Reviews

From the Publisher
'Comprehensive and contains virtually all the material that the budding Approved Mental Health Professional might need' -
 Professor Malcolm Golightly, The British Journal of Social Work 
Nursing Standard - Marc Cornock
This revised edition is an invaluable reference guide to the Mental Health Act 1983, as amended by the 2007 act. There is a useful discussion of deprivation of liberty safeguards, tribunals, the Care Quality Commission in England and the health inspectorate in Wales. This will be an invaluable reference to healthcare professionals and students with an interest in the theory and practice of mental health law. It will also be of value to patients and their relatives or carers.
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Product Details

  • ISBN-13: 9780857257215
  • Publisher: Learning Matters
  • Publication date: 1/9/2012
  • Edition number: 2
  • Pages: 464
  • Product dimensions: 6.73 (w) x 9.69 (h) x 2.71 (d)

Meet the Author

Paul Barber qualified in 1976. Until December 2003 he was a partner at Bevan Ashford Solicitors (now Bevan Brittan) where for many years he led the firm’s NHS Litigation Department, increasingly specialising in the field of Mental Health and Human Rights law. He is now a Consultant to the firm and a freelance trainer and lecturer. He is extensively involved in training Approved Social Workers and lecturing on Section 12 Approval courses for doctors. He also provides training for the Mental Health Act Commission and numerous NHS Trusts and Health Authorities.

Rob Brown is Director of the Approved Social Workers course in South West England, delivered in association with Bournemouth University. He is also the Area Mental Health Act Commissioner for Dorset and Somerset, having been a member of the Mental Health Act Commission since 1992. Rob previously worked as a Mental Welfare Officer and then an Approved Social Worker with Hampshire County Council. He has been a lecturer at Southampton University, Stirling University and Croydon College. He contributes to the training of section 12 approved doctors in South West England and South Wales. Rob has published widely in the field of mental health law.

Debbie Martin is Unit Leader and lecturer on the new Approved Mental Health Professionals course in South West England. She currently practices as an Approved Mental Health Professional in Wiltshire and has worked as a social worker and mental health manager in Manchester. Debbie also teaches on section 12 Approval courses for doctors and provides training for the Mental Health Act Commission and various NHS Trusts, Health Authorities and Local Authorities.

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Table of Contents

Background to the Mental Health Act 2007
Who Operates the Act?
The Codes of Practice and the Reference Guide
Mental Disorder and the Availability of Appropriate Medical Treatment
Civil Admission and Compulsion in Hospital
Civil Compulsion in the Community
Mentally Disordered Offenders
Medical Treatment under the Mental Health Act
The Mental Capacity Act 2005
The Interface between the Mental Health Act and the Mental Capacity Act
The Deprivation of Liberty Safeguards
Tribunals
Hospital Managers
The Nearest Relative
The Care Quality Commission (England) and the Health-Care Inspectorate Wales
Independent Mental-Health Advocates
Human Rights Act Implications
Children and Young Persons
Appendix 1: Mental Health Act 1983 as amended by the Mental Health Act 2007
Appendix 2A: The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
Appendix 2B: Practice Direction First-tier Tribunal
Appendix 2C: The Mental Health Review Tribunal for Wales Rules 2008
Appendix 3: The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (SI 2005/2078)
Appendix 5: The Human Rights Act 1998
Appendix 6: Case Law
Appendix 7: Conversion Chart for Forms used in Wales and England
Appendix 8: Tranfer of Patients within and from the British Islands
Appendix 9: Approved Clinician Competences
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