Mental Health Act Manual, 17th Edition

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