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Mental Health Act Manual, 17th Edition

Mental Health Act Manual, 17th Edition

Author: Richard Jones
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414034648
Published In: September 2014
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description

Details

Among the developments incorporated in the 17th edition are:

Case Law

P v Cheshire West and Chester Council on the meaning of a “deprivation of liberty”
AM v South London & Maudsley NHS Foundation Trust on whether the Mental Health Act or the Mental Capacity Act should be used in respect of a compliant mentally incapacitated patient who is being deprived of his liberty
Bostridge v Oxleas NHS Foundation Trust on the payment of nominal damages for an unlawful detention
TW v Enfield Borough Council on whether it is “reasonably practicable” for an AMHP to consult with the patient’s nearest relative
R. (on the application of L) v West London Mental Health NHS Trust on the need to comply with the requirements of procedural fairness where a detained patient is being considered for transfer from conditions of medium security to conditions of high security
R (on the application of Cornwall Council) v Secretary of State for Health on the determination of a person’s place of ordinary residence
R. (on the application of Lee-Hirons) v Secretary of State for Justice on the need to inform a conditionally discharged patient of the reasons for his recall to hospital
A NHS Trust v Dr A on the use of the inherent jurisdiction to authorise the force feeding of a detained patient
R. (on the application of Wiltshire Council) v Hertfordshire County Council on the identity of the responsible local authority for the purposes of provision of after-care
MH v United Kingdom on the failure to provide a means for a mentally incapacitated patient to bring proceedings to challenge a detention for assessment
Nottinghamshire Healthcare NHS Trust v RC on whether the provision of a blood transfusion to a detained patient who had self-harmed could be authorised under Part 4 of the Act

Legislation

Amendments to the Act made by the Children and Families Act 2014 and the Crime and Courts Act 2013
Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules made by the Tribunal Procedure (Amendment) Rules 2014
Inclusion of the Tribunal Practice Direction on Statements and Reports in Mental Health Cases, and the Secretary of State’s “Instructions with respect to the exercise of Approval Functions 2014”
Consideration of the provisions of the Marriage (Same Sex Couples) Act 2103 for the purposes of identifying the patient’s nearest relative

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
Readers benefit from the expertise and advice of one of the most highly respected individuals in the field