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Principles of Mental Health Law and Policy

Principles of Mental Health Law and Policy

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199279364
  • Published In: March 2010
  • Format: Hardback , 1104 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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    • This authoritative text is the only work of its kind to provide a comprehensive analysis of the influential and considerable development of mental health law over the last 30 years
    • Analyses the substantial amendments to the Mental Health Act 1983 and the Mental Capacity Act 2005 brought about by the Mental Health Act 2007, which began a period of unprecedented change as the government seeks to strike the balance between patient safeguards and protecting the public
    • Provides an indispensible and practical guide to the Mental Health Act 2007 and its impact on everyday practice both in law and psychiatry
    • Examines in one volume, all the legislation, regulation and policy on mental health law including relevant domestic and European case law
    • Provides practical and procedural advice on all areas of mental health law including the Court of Protection, the criminal justice system, and patient care
    • Written and edited by a leading national and international team of experts
    Principles of Mental Health Law

    provides a comprehensive account of the law concerning mental health in England and Wales. From the historical backdrop to the current law in the area it provides detailed examination of the Mental Health Act 1983 and the changes introduced by the new Mental Health Act 2007. The regulation of care and treatment in hospital and the community is explored. The book also goes beyond the legislation to explore the legal and regulatory challenges in the area of mental health in a range of areas from confidentiality and privacy to causation and limitation. The chapters are written by leading national and international authorities in the area of mental health.

    Readership: Legal Practitioners and Academics working in medical and mental health law. The book will also be of interest to Postgraduate Students, NHS organisations and Health Policy Makers

  • 1. History and Context of Mental Health Law and Policy
    1: Peter Bartlett and Philip Fennell: History, Policy and Regulation
    2: Philip Fennell: Mental Disorder
    3: Lance Gable and Lawrence Gostin: Human Rights
    4: Peter Bartlett, Philip Fennell and Jean McHale: Capacity
    2. The Mental Health System: Advocacy, Services and Accountability
    5: Jean McHale: The Legal Regulation of Mental Health Services in the NHS
    6: Jean McHale: Scrutiny of Standards in Mental Health Services
    7: Luke Clements: Social Services
    8: Nicola Glover-Thomas and Judith Laing: Mental Health Professionals
    9: Kirsty Keywood: Nominated Person/Advocates
    10: Jonathan Herring: Carers
    11: Philip Fennell: Tribunal Structure
    3. Care and Civil Compulsion: Assessment, Supervision and Treatment
    12: Peter Bartlett: Informal Admission
    13: Peter Bartlett: Civil Confinement
    14: Nell Munro: Treatment
    15: John Dawson: Supervised Community Treatment Orders
    16: Philip Fennell: Discharge from Hospital
    17: Philip Fennell: Removal and Return of Patients and Repatriation of Prisoners
    18: Ralph Sandland: Children
    4. The Criminal Justice System
    19: Philip Fennell: Powers of the Police and the Decision to Prosecute
    20: Ronnie Mackay: Mental Disability at the Time of the Offence
    21: Ronnie Mackay: Mental Disability at the Time of the Trial
    22: Philip Fennell: Mental Disability and the Sentencing Decision
    23: Ronnie Mackay: Transfer to Hospital
    5. Patient Protection, Rights and Disabilities
    24: Jean McHale: Privacy
    25: Philip Fennell: Rights and Disabilities of Patients
    26: Jean McHale: Mental Health, Mental Capacity and Research
    27: Philip Fennell and Lawrence Gostin: Disability Discrimination
    28: Philip Fennell: Offences

  • Edited by Lawrence Gostin, Georgetown University, Jean McHale, University of Birmingham, Philip Fennell, Cardiff University, Ronald D. Mackay, De Montfort University, and Peter Bartlett, University of Nottingham

    Contributors:

    Peter Bartlett, School of Law, University of Nottingham


    Luke Clements, Cardiff Law School, Cardiff University


    John Dawson, Professor at the Faculty of Law, University of Otago and Visiting Professor at the University of Oxford


    Philip Fennell, Cardiff Law School, Cardiff University


    Lance Gable, Assistant Professor of Law, Wayne State University


    Kris Gledhill, Faculty of Law, University of Auckland


    Nicola Glover-Thomas, Reader in Law, Director of Research, Liverpool Law School


    Lawrence Gostin, Associate Dean and Professor of Global Health Law, Georgetown University Law Center


    Jonathan Herring, Exeter College, University of Oxford


    Judith Laing, Lecturer in Law, University of Bristol


    Jean McHale, Professor of Health Care Law and Director of the Institute of Medical Law, Law School, University of Birmingham


    Ronald D. Mackay, Professor of Law, De Montfort University


    Nell Munro, School of Law, University of Nottingham


    Ralph Sandland, of School of Law, University of Nottingham

  • "It combines in depth, stimulating and broad analysis such as the excellent introductory "History and Context of Mental Health Law and Policy" with chapters of detailed practical application... extremely worthwhile" - Bill Leason Mental Health Law Partner - Hempsons

    "This impressive and wide-ranging work will be of value to lawyers and other mental health practitioners, policy-makers, and academics seeking to navigate this complex field." - Helen Mountfield QC, Matrix Chambers

    "A rich resource for both practitioners and academics as well as laymen." - Phillip Taylor MBE, Richmond Green Chambers

    "This book provides an extremely helpful digest of recent academic thinking and writing about the way society treats some of its most vulnerable members. Practitioners will benefit from its careful analysis of the law and changes within it." - David Hewitt, Partner (Healthcare), Weightmans LLP

    "Principles of Mental Health Law and Policy is vital for anyone with an interest in the entire mechanics of mental health practice. The book accomplishes its ambitious and diverse aims, ensuring that readers from a range of backgrounds gain something of value from it. Its broad readership can look forward to future editions." - John Fanning, Medical Law Review
     
     
     

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