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Mental Health Law in England and Wales

Mental Health Law in England and Wales
A Guide for Mental Health Professionals

Third Edition

© 2017 | 544 pages | Learning Matters

Lecturers, click here to request your electronic inspection copy. 

This is a complete guide to the Mental Health Act 1983, and is a comprehensive and up-to-date reference guide for any mental health professional – from social workers, psychologists and occupational therapists, to doctors and nurses. The book aims to simplify mental health law so that it’s accessible to busy professionals at all stages of practice as well as those affected by mental health law.

Key chapters include details on who operates the Act, who is affected by it, how people may be subject to compulsion, how the law governs issues of capacity and consent to treatment, how to appeal against compulsion, and the role of the nearest relative. There are also important chapters on advocacy, children and human rights issues, as well as extensive appendices, which provide access to the 1983 Act itself, important rules and regulations and a summary of key cases that have been decided by the courts.

Key updates for this edition include:

- revised Codes of Practice for both England and Wales
- the impact of the Cheshire West case decisions in the Supreme Court
- expanded consideration of the assessment of capacity 
- revisions of the tribunal report requirements in England
- revised Reference Guide
- much expanded case law Appendix

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
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
Appendix 2A: The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (SI 2008/2699)
Appendix 2B: Practice Direction First-tier Tribunal (Health, Education and Social Care Chamber) Statements and Reports in Mental Health Cases
Appendix 2C: The Mental Health Review Tribunal for Wales Rules 2008
Appendix 3A: The Mental Health Regulations: MENTAL HEALTH (ENGLAND) Statutory Instrument No. 1184 2008
Appendix 3B: The Mental Health Regulations: MENTAL HEALTH (WALES) Statutory Instrument No. 2439 (W. 212) 2008
Appendix 4: 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 between jurisdictions
Appendix 9: Approved Clinician Competences
Appendix 10A: The Mental Health Regulations: MENTAL HEALTH (CONFLICT OF INTEREST) (ENGLAND) REGULATIONS 2008
Appendix 10B: The Mental Health Regulations: MENTAL HEALTH (CONFLICT OF INTEREST) (WALES) REGULATIONS 2008

A definitive overview of the subject!

Greenwich University

A comprehensive guide to Mental Health Law that is both up to date and accessible to practitioners, lecturers and students. Essential Reading!

University of South Wales

Sample Materials & Chapters

Chapter 1

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Paul Barber

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. More About Author

Robert Brown

Robert Brown is a social worker and a Director of Edge Training and Consultancy Ltd. He provides refresher training for AMHPs and helps to train Section 12 Approved Doctors and Approved Clinicians in South West England and Wales. He provides consultation and supervision services to Cornwall, Guernsey, Hampshire, Jersey and Reading. Rob has published widely in the field of mental health and mental capacity law; co-authoring The Mental Health Capacity Act 2005: a Guide to Practice as well as Mental Health Law in England and Wales. He was a Mental Health Act Commissioner from 1992-2010. Prior to that, Rob worked as a Mental... More About Author

Debbie Martin

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. More About Author

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