Mental Health Act Manual, 16th Edition

Author: Richard Jones
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414028821
Published In: September 2013
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents
Author

Details

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

PART 1
Mental Health Act 1983

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 - Instructions with respect to the exercise of Approval Functions 2013

Richard Jones is a highly respected authority on mental health law. He is the author of various publications including the Encyclopaedia of Social Services and Child Care Law and the Mental Capacity Act Manual, now in its 5th edition. In addition, he is a Consultant on Mental Health and Community Law at Morgan Cole Solicitors and was a member of the Department of Health’s Advisory Group on the implementation of the Mental Health Act 2007.