Mental Health The New Law

Author: Phil Fennell
Publisher: LexisNexis U.K.
ISBN: 9781846610745
Published In: December 2007
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Mental Health: The New Law provides a comprehensive, authoritative and practical guide to the changes introduced in the 2007 Act and their implications.

The Mental Health Act 2007 is the most significant amendment of mental health legislation since the Mental Health Act 1983, introducing new definition of mental disorder, new criteria for compulsion, radical changes to professional roles under the Act, and new procedures for Supervised Community Treatment. The 2007 Act not only amends the 1983 Act, it also introduces new procedures into the Mental Capacity Act 2005 to authorise deprivation of liberty where necessary in the best interests of someone who lacks mental capacity to consent to in-patient care. The Domestic Violence Crime and Victims Act 2004 is also amended by the 2007 Act to extend the rights of victims of crimes committed by mentally disordered offenders.

Mental Health: The New Law provides a comprehensive, authoritative and practical guide to the changes introduced in the 2007 Act and their implications for service users, carers, psychiatrists, psychologists, social workers, nurses, other mental health professionals, hospital managers, members of Mental Health Review Tribunals, and Independent Mental Health Advocates. The effects of the 2007 Act are placed in the context of the European Convention on Human Rights, and other human rights instruments. The interface between the Mental Health Act 1983 (as amended) and the Mental Capacity Act 2005 is clearly and comprehensively explained. This book explains in clear terms the key changes introduced by the 2007 Act including:

The new definition of mental disorder
The replacement of 'treatability' with 'availability of appropriate treatment'
The new professional roles of Approved Clinician, Approved Mental Health Professional and Responsible Clinician
New Powers concerning Supervised Community Treatment
Changes in relation to mentally disordered offenders and victims
New provisions in relation to Consent to Electro Convulsive Therapy (ECT) and to treatment in the community
New Bournewood Procedures to deprive mentally incapacitated adults of their liberty
New provisions affecting children
Changes affecting the Mental Health Review Tribunal
Appendices to the book include the Mental Health Act 1983 as amended by the 2007 Act and the amended provisions of the Mental Capacity Act 2005 and the Domestic Violence Crime and Victims Act 2004

Background
Overview of the Mental Health Act 2007
‘Mental Disorder' and the Availability of Appropriate Treatment
Statutory Powers and Responsibilities: the Powers and Duties of Mental Health Staff
Relatives, Independent Mental Health Advocates, and Hospital Managers
Powers of detention under the Mental Health Act 1983 and the Mental Capacity Act 2005
Detention of Mentally Disordered Offenders
Compulsory Powers in the Community
Discharge and review of the lawfulness of detention by Mental Health Review Tribunals and the courts
Consent to Treatment for Mental Disorder
Children
Criminal Offences and Transfer of Patients Between Jurisdictions

Appendices

Mental Health Act 1983 (1983 c 20) (as amended by the Mental Health Act 2007)
Domestic Violence, Crime and Victims Act 2004 (2004 c 28) (as Amended by the Mental Health Act 2007)
Mental Health Act 2007 (2007 c 12) (Remaining Provisions)

Phil Fennell, Professor of Law, Cardiff Law School

Professor Fennell was a specialist legal adviser to the Joint Parliamentary Scrutiny Committee on the Mental Health Bill 2004 and to the Joint Committee on Human Rights on the Mental Health Bill 2006