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Mental Health Act Manual, 14th Edition

Mental Health Act Manual, 14th Edition

Author: Richard Jones
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414048737
Published In: October 2011
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents

Details

Written in a clear, practical style, designed to be accessible to both the medical and legal profession.
User-friendly style: primary and secondary legislation is annotated in the Parts with the analysis of important contextual aspects of mental health law located in the Annexes.
Includes all the relevant primary and secondary legislation on mental health law with detailed annotations
Explains the impact of the Mental Health Act (MHA) 2007, detailing how each section of the MHA 1983 has been affected
The inclusion of the Tribunal Rules, which are annotated, and the associated Practice Direction
The inclusion of the High Security Psychiatric Services (Arrangements for Safety and Security at Ashworth, Broadmoor and Rampton Hospitals) Directions 2011
The inclusion of the Law Society Practice Note on Representation before mental health tribunals
An account of the interface between the Mental Health Act and the new Deprivation of Liberty safeguards established under the Mental Capacity Act 2005
Cross referencing to the Reference Guide to the Mental Health Act.
A significant amount of new case law is incorporated.
Readers benefit from the expertise and advice of one of the most highly respected individuals in the field

NEW TO THE 14th EDITION

The inclusion of the Law Societyís Practice note on representation before mental health tribunals.
A number of legislative changes including the addition of eight new sections to the Act by the Mental Health (Wales) Measure 2010 and amendments made to the Tribunal Rules by the Tribunal Procedure (Amendment) Rules 2011.
Reproducing the High Security Psychiatric Services (Arrangements for Safety and Security at Ashworth, Broadmoor and Rampton Hospitals) Directions 2011 and key extracts from the Department of Health publication ìGood Practice Procedure Guide: The transfer and remission of adult prisoners under s.47 and s.48 of the Mental Health Actî.
Consideration of a number of decisions of the Upper Tribunal including Secretary of State for Justice v RB on the meaning of the term ìdischargeî for the purposes of s.73 of the Act, PS v Camden and Islington NHS Foundation Trust where it was held that a decision of the First-tier tribunal to treat a tribunal reference as having lapsed on the ground that the patient had been made the subject of a fresh CTO following the revocation of the previous CTO was unlawful, and CB v Suffolk C.C. where guidance on the issuing of a witness summons was given.
Coverage of key decisions of the High Court and the Court of Appeal including TTM v London Borough of Hackney on the liability of local authorities for the unlawful detention of patients where an AMHP acts in contravention of s.11 of the Act, R. (on the application of C) v A Local Authority on the application of the Code of Practice to learning disabled children who reside in special schools, P and Q v Surrey County Council on identifying whether a person is being deprived of their liberty, and Re T (A child: murdered parent) on the relationship between the family court and the tribunal in cases involving a conditionally discharged patient.

PART 1
Mental Health Act 1983 1

PART 2
Delegated Legislation
Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005
Mental Health (Mutual Recognition) Regulations 2008
Mental Health (Conflicts of Interest) (England) Regulations 2008
Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008
Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008
Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008

PART 3
Practice and Procedure
Civil Procedure Rules 1998
Tribunal Procedure (First-tier Tribunal)(Health, Education and Social Care Chamber) Rules 2008
Practice Direction First-Tier Tribunal, Health Education and Social Care Chamber, Mental Health Cases
Practice Direction First Tier and Upper Tribunal, Child, Vulnerable Adult and Sensitive Witnesses

PART 4
Government Guidance
Code of Practice Mental Health Act 1983

PART 5
Human Rights Act 1998

PART 6
Deprivations of liberty - Mental Health Act 1983 or Mental Capacity Act 2005?

APPENDIX A
Further powers to restrain and/or detain mentally disordered patients

APPENDIX B
Visits by children to Ashworth, Broadmoor and Rampton Hospitals Directions 1999

APPENDIX C
High Security Psychiatric Services ( Arrangements for Safety and Security in Ashworth, Broadmoor and Rampton Hospitals ) Directions 2011

APPENDIX D
Mental Health Act 1983 Approved Clinician (General) Directions 2008

APPENDIX E
Law Society Practice Note ñ Representation before mental health tribunals