Mental Health Tribunals: Law, Practice and Procedure

Mental Health Law

Mental Health Tribunals Law, Practice and Procedure

By Jonathan Butler
LexisNexis U.K. March 2009

Specifications

ISBN-13
9781846611391
Publisher
LexisNexis U.K.
Publication
March 2009
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

A practical reference work to the new law and procedure for all those appearing before the tribunal and for tribunal members.


The practice and procedure of tribunals dealing with mental health reviews cases was substantially altered following the creation of a new First-Tier Tribunal in November 2008. The new Health Education and Social Care Chamber will comprise three existing tribunals including the old Mental Health Review Tribunal, now known as the First-Tier Tribunal (Health Education and Social Care) Mental Health. This change follows significant amendments to the mental health law as a result of the Mental Health Act 2007.

This book provides a guide to the new law and procedure and is a highly practical reference work for all those appearing before the tribunal and for tribunal members themselves. Detailed explanatory commentary about the organisation, procedure and jurisdiction of the tribunal is followed by an analysis of tribunal powers in relation to both non-offender and offender patients.

In addition to explanatory commentary the work is supplemented by a host of relevant materials including legislation and codes of practice, glossary of medical terms and commonly prescribed medication, providing a one-stop-shop for tribunal members and those appearing before the tribunal.

Table of Contents

Tribunal Organisation and Composition
  • Origins, Constitution, Administration and Function of the First-Tier Tribunal (Health Education and Social Care) Mental Health
  • Role, Function and Powers of Members of the Tribunal 
Tribunal Procedure and Jurisdiction
  • Tribunal Proceedings: Overview and Pre-hearing Procedures
  • Applications and References
  • Interaction Between Mental Health Act 1983 and Mental Capacity Act 2005
  • Treatment and Treatability 
Non-offender Patients
  • Detention and Discharge (Mental Health Act 1983, s2)
  • Detention and Discharge (Mental Health Act 1983, s3)
  • Detention and Discharge (Mental Health Act 1983, s7)
  • Detention and Discharge (Mental Health Act 1983, s25A)
  • The Responsible Clinician: Role, Function and Powers (Including After-care)
  • Approved Mental Health Professional: Role, Function and Powers
  • Nearest Relative: Role, Function and Powers
  • Remedies
  • Routes to Detention and Discharge Outside the Jurisdiction of the Tribunal
  • Special Provision for Children and Adolescents 
Offender Patients
  • Offender Patients - Introduction
  • Detention and Discharge
  • Hospital Treatment
  • Criminal Jurisdiction
  • Role of Ministry of Justice
  • Responsible Clinician and Supervising Psychiatrist (Role, Function and Powers)
  • Approved Mental Health Practitioners and Social Supervisor (Role, Function and Powers)
  • Victims' Rights 
Supporting Materials
  • Mental Health Act 1983 Code of Practice 
Statutory Materials (Including Tribunal Rules and Practice Direction)
  • Mental Health Act 1983
  • Tribunals, Courts and Enforcement Act 2007
  • The Mental Health Act 2007 (Commencement No 6and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008
  • Practice Direction -First-Tier Tribunal (Health Education and Social Care Chamber) Mental Health Cases
  • The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
    • Tabular Summary of Differences Between New Rules and Previous Rules
  • The Tribunal Procedure (Upper Tribunal) Rules 2008
    • Tabular Summary of First-Tier Rules; Upper Tribunal Rules
  • Civil Procedure Rules 1998
  • Claims for Judicial Review: A Procedural Guide

About the Author

Jonathan Butler, Barrister, Deans Court Chambers; part-time Tribunal Judge, First-Tier Tribunal (Health Education and Social Care) Mental Health; author of Community Care Law and Local Authority Handbook (Jordans)

Helen Wilson, Barrister, India Building Chambers, Liverpool

Reviews

"a very worthwhile contribution to an important and sensitive subject and will be of real benefit to practitioners and others seeking an understanding of the law and practice"
From the Foreword by His Hon Judge Philip Sycamore
Chamber President of the First-Tier Tribunal (Health Education and Social Care)

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