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Principles of Mental Health Law and Policy

Principles of Mental Health Law and Policy

Author: Lawrence Gostin; peter Bartlett; Phil Fennell; Jean McHale; Ronnie Mackay
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