Mental Health Act Manual, 16th Edition

Among the new developments incorporated in the 16th edition are:

• Significant amendments made to the Act and its associated Regulations by the Health and Social Care Act 2012
• Amendments made to the Tribunal Rules by the Tribunal Procedure (Amendment) Rules 2013
• The enactment of the Mental Health (Approval Functions) Act 2012
• The Secretary of State’s “Mental Health Act 1983 - Instructions with respect to the exercise of Approval Functions  2013”
• Amendments made to the High Security Services (Arrangements for Safety and Security at Ashworth, Broadmoor and Rampton Hospitals) Directions 2011
• The reproduction of extracts from the guidance note on the “Role of the Independent Mental Health Advocate (IMHA) in First-tier Tribunal (Mental Health) hearings”, and the revised guidance on s.17 leave published by the Ministry of Justice
• Coverage of the decisions of the European Court of Human Rights in Munjaz v United Kingdom and X v Finland
• Notes on “The detention of children under Brussels II Revised” in s.131 and “The power to control the activities of detained patients” in s.139.
• Consideration of a number of decisions of the High Court including:
  - R. (on the application of Sunderland City Council) v South Tyneside Council on the meaning of “resident” in s.117
  - R. (on the application of L) v West London Mental Health NHS Trust on the engagement of the common law duty of fairness when a detained patient is transferred to a high security hospital
  - EC v Birmingham and Solihull Mental Health NHS Trust on a patient’s right to have a request for an extra-statutory recommendation heard by the tribunal
• Analysis of a large number of decisions of the Upper Tribunal relating to the operation of the First-tier Tribunal (Mental Health)

Summary

• 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:
  - Pt I: Mental Health Act 1983
  - Pt II: Regulations concerning Hospital Detention, Guardianship & Consent to Treatment
  - Pt III: Procedure under the Mental Health Tribunal Rules and CPR
  - Pt IV: The Code of Practice on the MHA 1983
  - Pt V: Human Rights Act 1998
  - Pt VI: Deprivations of liberty. Comparing the Mental Health Act 1983 to Mental Capacity Act 2005
  - Annexes A¬–E: background guidance relating to children, high security hospitals etc.
• Explains the impact of the Mental Health Act (MHA) 2007, detailing how each section of the MHA 1983 has been affected
• 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