Principles of Mental Health Law and Policy

Overview

Principles of Mental Health Law provides a comprehensive account of the law concerning mental health in England and Wales. From the historical backdrop to the current law in the area it provides detailed examination of the Mental Health Act 1983 and the changes introduced by the new Mental Health Act 2007. The regulation of care and treatment in hospital and the community is explored. The book also goes beyond the legislation to explore the legal and regulatory challenges in the area of mental health in a range ...

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Overview

Principles of Mental Health Law provides a comprehensive account of the law concerning mental health in England and Wales. From the historical backdrop to the current law in the area it provides detailed examination of the Mental Health Act 1983 and the changes introduced by the new Mental Health Act 2007. The regulation of care and treatment in hospital and the community is explored. The book also goes beyond the legislation to explore the legal and regulatory challenges in the area of mental health in a range of areas from confidentiality and privacy to causation and limitation. The chapters are written by leading national and international authorities in the area of mental health.

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Product Details

  • ISBN-13: 9780199279364
  • Publisher: Oxford University Press, USA
  • Publication date: 5/28/2010
  • Edition number: 1
  • Pages: 1200
  • Product dimensions: 9.80 (w) x 6.90 (h) x 2.20 (d)

Meet the Author

Larry Gostin is Associate Dean and the Linda D. and Timothy J. O'Neill Professor of Global Health Law at the Georgetown University Law Center, where he directs the O'Neill Institute for National and Global Health Law. He is also Professor of Public Health at the Johns Hopkins University and Director of the Center for Law & the Public's Health at Johns Hopkins and Georgetown Universities. Larry Gostin is Visiting Professor of Public Health (Faculty of Medical Sciences) and Research Fellow (Centre for Socio-Legal Studies) at Oxford University. He is the Health Law and Ethics Editor, Contributing Writer, and Columnist for the Journal of the American Medical Association. Following two degrees in philosophy at the University of Toronto, Peter Bartlett read law at Osgoode Hall Law School of York University, Canada. After his call to the bar in 1988, he served as Law Clerk to the Justice of the Ontario High Court and then as research associate to the Ontario Enquiry on Mental Competency. He obtained his doctorate in 1993, and joined the School of Law at the University of Nottingham, where in April 2005 he was appointed to the Nottinghamshire Healthcare NHS Trust Chair in Mental Health Law. His major research and teaching interests lie in the areas of socio-legal history (particularly as it relates to queer studies and to mental health), and health care law (particularly mental health law).
Philip Fennell is a Professor of Law in Cardiff Law School, University of Wales, College of Cardiff, where he teaches Medical Law, Public Law and Human Rights. He has published many articles on law and psychiatry. His book entitled Treatment Without Consent: Law, Psychiatry and the Treatment of Mental Disorder since 1845, was published by Routledge in 1996. Philip Fennell is a member of the Law Society's Mental Health and Disability Committee and was a member of the Mental Health Act Commission from 1983-1989. From November 2004 to March 2005 he served as specialist legal adviser to the Joint Parliamentary Scrutiny Committee on the Draft Mental Health Bill 2004. In November 2006 he was appointed specialist legal adviser to the Parliamentary Joint Committee on Human Rights for the Committee's scrutiny of the Mental Health Bill 2006.
Jean McHale is Professor of Health Care Law and Director of the Institute of Medical Law at the University of Bimingham Law School. She has taught previously at the Universities of Leceister, East Anglia, Nottingham and Manchester. Her research interests are in the area of health care law. She is a member of the editorial board of the Medical Law Review
Ronald D. Mackay is Professor of Criminal Policy and Mental Health at Leicester De Montfort Law School. He specializes in Criminal Law, Medical Law, Law and Psychiatry and Mental Health Law and has written and published widely in these subject areas. He is one of the United Kingdom's leading experts on Mental Condition Defences and is author of the leading text on this subject entitled Mental Condition Defences in the Criminal Law (Oxford University Press 1995).

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Table of Contents

1. History and Context of Mental Health Law and Policy
1. History, Policy and Regulation, Peter Bartlett and Philip Fennell
2. Mental Disorder, Philip Fennell
3. Human Rights, Lance Gable and Lawrence Gostin
4. Capacity, Peter Bartlett, Philip Fennell and Jean McHale
2. The Mental Health System: Advocacy, Services and Accountability
5. The Legal Regulation of Mental Health Services in the NHS, Jean McHale
6. Scrutiny of Standards in Mental Health Services, Jean McHale
7. Social Services, Luke Clements
8. Mental Health Professionals, Nicola Glover-Thomas and Judith Laing
9. Nominated Person/Advocates, Kirsty Keywood
10. Carers, Jonathan Herring
11. Tribunal Structure, Philip Fennell
3. Care and Civil Compulsion: Assessment, Supervision and Treatment
12. Informal Admission, Peter Bartlett
13. Civil Confinement, Peter Bartlett
14. Treatment, Nell Munro
15. Supervised Community Treatment Orders, John Dawson
16. Discharge from Hospital, Philip Fennell
17. Removal and Return of Patients and Repatriation of Prisoners, Philip Fennell
18. Children, Ralph Sandland
4. The Criminal Justice System
19. Powers of the Police and the Decision to Prosecute, Philip Fennell
20. Mental Disability at the Time of the Offence, Ronnie Mackay
21. Mental Disability at the Time of the Trial, Ronnie Mackay
22. Mental Disability and the Sentencing Decision, Philip Fennell
23. Transfer to Hospital, Ronnie Mackay
5. Patient Protection, Rights and Disabilities
24. Privacy, Jean McHale
25. Rights and Disabilities of Patients, Philip Fennell
26. Mental Health, Mental Capacity and Research, Jean McHale
27. Disability Discrimination, Philip Fennell and Lawrence Gostin
28. Offences, Philip Fennell

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