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Mental Health Law, 5th Edition

Mental Health Law, 5th Edition

Name: Mental Health Law, 5th Edition
Brand: Sweet & Maxwell U.K.
SKU: 9780414041691
Price: 1386.00 HKD
Availability: OutOfStock
Author: Brenda Hale
ISBN: 9780414041691

By Brenda Hale

Sweet & Maxwell U.K._ June 2010

Specifications

ISBN-13: 9780414041691
Publisher: Sweet & Maxwell U.K._
Publication: June 2010
Format: Paperback , 440 pages
Jurisdiction: U.K. ? Countri(es) for reference only

Details

The long-awaited 5th edition of this popular text for all mental health professionals draws together allthe law relating to mentally disordered and mentally disabled people. The book covers the Mental HealthAct 2007, which made major amendments to the Mental Health Act 1983, and the Mental Capacity Act2005, also amended in 2007, that introduced a completely new scheme for decision-making on behalfof people who lack the capacity to make decisions. Associated regulations and Codes of Practice are alsoexamined in detail.

Mental Health Law examines all the key issues, from informal and compulsory care and treatment ofpeople with mental disorders to the safeguards against unjustified deprivation of liberty and the powersof tribunals and the courts. Decision-making on behalf of people who lack the capacity to make decisionsfor themselves and the role of mental health professionals, doctors and families in making thesedecisions is given particular attention. The relevance of mental disorder in the criminal justice systemand its effect upon other legal rights such as voting, marrying and making wills are also covered.

Written by Brenda Hale, a Justice of the Supreme Court of the United Kingdom, former academiclawyer and Law Commissioner whose work led to the Mental Capacity Act 2005, Mental Health Lawgives a plain and accessible yet critical account of what has become a complex body of law. Therefore,no matter what your interest in the law related to mentally disordered or mentally disabled people –as a lawyer, psychiatrist, mental health or social care professional or family member –you will find this a helpful guide.

The impact of the Human Rights Act and its incorporation into mental health law the rights andfreedoms set out in the European Convention on Human Rights is discussed along with key UKand Strasburg case law.

Introduction: The story so far

1. Informality and Intervention: The Basics

Out of mind and out of sight

Informal admission to hospital
Common law necessity and the Bournewood gap
The deprivation of liberty safeguards (DoLS)
In-patients’ detention under section 5 of the Mental Health Act
An outline of the other Mental Health Act powers
An outline of the Mental Capacity Act powers
Hospitals, homes and managers
The Codes of Practice

2. Mental Disorder, Mental Capacity and the Grounds for Intervention

Psychiatry is a problem
Classifying the mental disorders
“Mental disorder” after the 2007 Act
The exclusions from “mental disorder” in the Mental Health Act
The additional criteria for compulsion under the Mental Health Act
The concepts in the Mental Health Act
Commentary

3. Professionals and Families
Patients and paupers
Approved mental health professionals
The patient’s family
Child patients, their families and local authorities
Doctors and approved clinicians under the Mental Health Act
Conflicts of interest under the Mental Health Act
Mental Capacity Act assessors
Commentary

4. The Machinery for Detaining People
What is left of the common law?
Gaining access
Admission for assessment under the Mental Health Act
Admission for treatment under the Mental Health Act
Scrutiny and rectification of Mental Health Act documents
Deprivation of liberty under the Mental Health Act
The National Assistance Act procedures
Commentary

5. Mentally Disordered Offenders
Police and prosecution
Procedure before trial
Mental disorder as a defence
Sentencing
Commentary

6. Treatment and Care
Treatment outside the Mental Health Act
Treatment under the Mental Health Act
Management and control
Patients’ rights to information and contact
Advocacy
Research
The Care Quality Commission

7. Moving Out and Moving On
Planning and after-care
Leave of absence
Community treatment orders
Transfers between hospitals and into guardianship
Discharge
Absconders and escapers
Subsequent court orders
Commentary

8. Tribunals and Courts
The Tribunal
The Court of Protection
The Family Division of the High Court
The Administrative Court
Commentary

9. Community Care
Community care services
Assessment and entitlement
Children’s services
Protection from abuse and exploitation
Mental Health Community powers
The Mental Capacity Act in the community
Commentary

10. Legal Capacity and Legal Rights
Rights of citizenship
Family life
Wills and other gifts
Contracts with suppliers, employers and others
Proxy decision-makers
The Court of Protection
Criminal and civil proceedings
Commentary

About the Author

Brenda Hale (Baroness Hale of Richmond) is now a Justice of the Supreme Court of the United Kingdom. As Brenda Hoggett she was an academic lawyer, then a Law Commissioner promoting the reform of the law, before becoming a High Court Judge in 1994.

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