Mental Health Act Manual, 15th Edition

The Mental Health Act Manual is your indispensible guide to the Mental Health Act 1983. Written in a clear practical style, it provides easy access to the law regarding mental health plus explanatory commentary to help ensure that the law is fully understood.

• Explanations of the impact of the Mental Health Act (MHA) 2007, detailing how each section of the MHA 1983 has been affected
• Annotated primary and secondary legislation in the Parts with the analysis of important contextual aspects of mental health law located in the Annexes
• Inclusion of the annotated Tribunal Rules and the associated Practice Direction
• Addition of the High Security Psychiatric Services (Arrangements for Safety and Security at Ashworth, Broadmoor and Rampton Hospitals) Directions 2011
• An account of the interface between the Mental Health Act and the new Deprivation of Liberty Safeguards established under the Mental Capacity Act 2005

New in the 15th edition:

• A new Practice Direction for the First-tier Tribunal issued by the Senior President of Tribunals
• Amendments made to the Act by the Health and Social Care Act 2012
• Amendments made to the Tribunal Rules by the Tribunal Procedure (Amendment) Rules 2012
• The inclusion of extracts from Procedure for the Transfer from Custody of Children and Young People to and from Hospital under the Mental Health Act 1983 in England and from Applications to Attend the Hearing by Victims covered by the Domestic Violence, Crime and Victims Act 2004
• A new section on "Dealing with domestic squalor and/or dangerous premises"
• New cases on the meaning of "consultation" in s.11
• A number of new cases from the European Court of Human Tights including MS v United Kingdom where it was held that the detention under s.136 of a patient in a police cell breeched article 3 of the European Convention on Human Rights
• Consideration of a large number of new cases on the Act including:
  - Coombs v Dorset NHS Primary Care Trust on whether a person detained under the Act is prevented from paying for his own treatment
  - R. (on the application of Sessay) v South London and Maudsley NHS Foundation Trust) on the extent to which the common law doctrine of necessity can apply during the period when a patient is being assessed for detention
  - R. (on the application of Sunderland City Council) v South Tyneside Council on whether a patient who leaves a residence to enter a hospital informally can become resident at the hospital for the purposes s.117
  - DD v Durham County Council on the vicarious liability of local authorities for the actions of approved mental health practitioners
  - DN v Northumberland Tyne and Wear NHS Foundation Trust on whether deprivation of liberty safeguards contained in the Mental Capacity Act 2005 can be applied in anticipation of the patient being discharged from detention and moving to a care home