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Mental Health Tribunals

Mental Health Tribunals Law and Practice

Author: Philip Fennell; Jonathan Wilson; Penny Letts
Publisher: Law Society Publishing
ISBN: 9781853287350
Published In: April 2013
Format: Paperback , 400 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This practical book provides all professionals, particularly legal representatives, with an accessible and up-to-date guide to Mental Health Tribunals, including:

a concise overview of the human rights and policy background
analysis of the legal definition of mental disorder and use of compulsory powers
clear statement of the Tribunal powers applicable to offender and non-offender patients, unrestricted patients, and community patients
a chronological account of the procedure and operation of the Tribunals
an outline of the typical procedural steps for a patient's representative
review of the public funding position.

Uniquely, the authors explain where the law, rules and procedures differ between England and Wales, and the rules for each Tribunal are conveniently set out in comprehensive appendix materials.

This book will be invaluable to those seeking accreditation or re-accreditation under the Law Society's Mental Health Accreditation Scheme.

1. Mental health detention: law, policy, and international human rights
2. The origins and role of mental health tribunals
3. The definition of mental disorder and the criteria for compulsion
4. Non-offender patients: detention, discharge and review
5. Offender patients: detention, discharge and review
6. Community care, guardianship, and community treatment orders: compulsory powers, discharge and review
7. Tribunal powers and duties in relation to unrestricted patients and community patients
8. Tribunal powers and duties in relation to restricted patients
9. Tribunal procedure: pre-hearing procedure
10. Tribunal procedure: statements and reports
11. Tribunal procedure: hearing procedure
12. Challenging a decision
13. Tribunal representation
14. Public funding Appendix.

Philip Fennell is a Professor of Law at Cardiff University. He was specialist legal adviser to Parliamentary Committees on the 2004 and 2006 Mental Health Bills. Philip has written widely on mental health law and also provides training for MHT members in England and Wales.

Penny Letts is a policy consultant, trainer and member of the Administrative Justice and Tribunals Council. She was formerly Law Society Policy Adviser on Mental Health and Disability, a specialist adviser to the Joint Parliamentary Committee on the Draft Mental Capacity Bill and a Mental Health Act Commissioner.

Jonathan Wilson is a practising solicitor specializing in mental health and capacity law, and a member of the Law Society's Mental Health Accreditation Scheme. He also runs the Mental Health Law Online website and CPD programme.

"The last decade has not seen a specialist publication addressed to legal representation. It was worth the wait. The three highly experienced authors have pulled together in one concise volume all the necessary strands of this highly complex area of practice. Having the vast majority of required material in one location will ultimately save time - and money. And the timing could not be better."

Richard Charlton - Chair of the Mental Health Lawyers Association, Gazette, May 2013