Mental Health Law

Mental Health The New Law

By Phil Fennell
LexisNexis U.K. December 2007

Specifications

ISBN-13
9781846610745
Publisher
LexisNexis U.K.
Publication
December 2007
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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

Table of Contents

  • 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)

About the Author

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
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