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Mental Health Law in England and Wales

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

Fourth Edition

November 2019 | 576 pages | Learning Matters

This complete and comprehensive guide to the Mental Health Act 1983 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 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 an extensive appendices which provide access to the 1983 Act itself, important rules and regulations, and a summary of key cases.


This fourth edition includes:

-        Practical advice and checklists for working the Act

-        Information on detention of patients in hospital under The Mental Health Act

-        The impact of the Policing and Crime Act 2017 on periods of detention and places of safety

-        Additional case law detailing patient discharges and Deprivation of Liberty Safeguards.
-        The Supreme Court 2019 judgement in the case of D (A Child)

Chapter 1: Background to the Mental Health Act 2007
Chapter 2: Who operates the Act?
Chapter 3: The Codes of Practice and the Reference Guide
Chapter 4: Mental disorder and the availability of appropriate medical treatment
Chapter 5: Civil admission and compulsion in hospital
Chapter 6: Civil compulsion in the community
Chapter 7: Mentally disordered offenders
Chapter 8: Medical treatment under the Mental Health Act
Chapter 9: The Mental Capacity Act 2005
Chapter 10: The interface between the Mental Health Act and the Mental Capacity Act
Chapter 11: The deprivation of liberty safeguards
Chapter 12: Tribunals
Chapter 13: Hospital managers
Chapter 14: The nearest relative
Chapter 15: The Care Quality Commission (England) and the Healthcare Inspectorate Wales
Chapter 16: Independent mental health advocates
Chapter 17: Human Rights Act implications
Chapter 18: Children and young persons
Appendix 1: Mental Health Act 1983
Appendix 2A: The Tribunal Procedure (First-tier Tribunal) (Healthm 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: Transfer of Patients between jurisdictions
Appendix 9: Approved Clinician Competences
Appendix 10A: The Mental Health Regulations: MENTAL HEALTH (CONFLICTS OF INTEREST) (ENGLAND) REGULATIONS 2008 (Statutory Instrument No. 1205 2008)
Appendix 10B: The Mental Health Regulations: MENTAL HEALTH (CONFLICTS OF INTEREST) (WALES) REGULATIONS 2008 (Statutory Instrument No. 2440 (W. 213) 2008)
Appendix 11: Mental Health Act 1983 (PLACES OF SAFETY) Regulations 2017

A comprehensive look at mental health legislation. Will be considered as a point of reference going forward but not added to the course reading list.

Mr Phil Atkinson
Faculty of Arts, Design and Social Sciences, Northumbria University
May 6, 2020

Good for a number of different reasons, one of which is that this can be used across a number of different courses. Another it is very informative.

Mrs Alicia James
Community Health, Truro College
December 2, 2020

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 an independent trainer and a social worker and was a founding 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 England and Wales. He provides consultation and supervision for AMHPs in Cornwall, Hampshire, Portsmouth, West Berkshire and the Isle of Wight. 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 and the... 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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