Mental Health, Incapacity and the Law in Scotland

This highly regarded book is a comprehensive and up to date guide to mental health law in Scotland. Every aspect of mental health law is explained, including tribunal procedure, procedures for adults with incapacity, community care, patients' rights and legal remedies for when things go wrong.

Mental health and incapacity law affect not just those subject to compulsory orders, but everyone with a mental health problem, dementia or a learning disability.

List of contents

PART 1: INTRODUCTION AND BACKGROUND
Chapter 1 - The law in context
Chapter 2 - Statutory framework
Chapter 3 - Key organisations
Chapter 4 - Supporting the service user
PART 2: MEDICAL TREATMENT AND CARE
Chapter 5 - Patients' rights
Chapter 6 - Care in hospital
Chapter 7 - Consent to treatment
Chapter 8 - Patients unable to consent
Chapter 9 - Restraint, force and detention
Chapter 10 - Preparing for future incapacity
PART 3: THE USE OF COMPULSION
Chapter 11 - Compulsory measures
Chapter 12 - Short-term detention
Chapter 13 - Emergency detention
Chapter 14 - Compulsory treatment orders
Chapter 15 - Compulsory treatment orders: reviews, appeals and suspension
Chapter 16 - Medical treatment
Chapter 17 - Rights of patients subject to orders
Chapter 18 - Restrictions on detained patients
Chapter 19 - Hospital transfers
Chapter 20 - Breach of orders, unauthorised absences and offences
Chapter 21 - Transitional arrangements
PART 4: THE TRIBUNAL
Chapter 22 - Representation at the tribunal
Chapter 23 - Tribunal procedure
PART 5: ADULTS WITH INCAPACITY
Chapter 24 - Adults with Incapacity Act
Chapter 25 - Authorising welfare decisions
Chapter 26 - Financial management
PART 6: CARE IN THE COMMUNITY
Chapter 27 - Community care
Chapter 28 - Duty to provide services
Chapter 29 - Paying for care
PART 7: PEOPLE AT RISK
Chapter 30 - People at risk
PART 8: THE IMPACT OF MENTAL DISORDER
Chapter 31 - Personal life
Chapter 32 - Housing
Chapter 33 - Education and employment
Chapter 34 - Consumer rights
Chapter 35 - Civil rights and public life
PART 9: DISCRIMINATION
Chapter 36 - Protection against discrimination
PART 10: PEOPLE WITH ADDITIONAL NEEDS
Chapter 37 - Respect for diversity
Chapter 38 - Issues for people with dementia
Chapter 39 - People with learning disabilities
Chapter 40 - Refugees and asylum seekers
Chapter 41 - Children and young people
PART 11: CARERS
Chapter 42 - Carers
PART 12: CRIMINAL JUSTICE AND MENTAL DISORDER
Chapter 43 - Criminal law and mental health
Chapter 44 - Special measures for suspects and witnesses
Chapter 45 - The criminal court process: from arrest to sentence
Chapter 46 - The criminal court process: sentencing
Chapter 47 - Care in prison and hospital transfers
Chapter 48 - Impact of criminal justice orders and patients' rights
PART 13: CARE STANDARDS
Chapter 49 - Health and care standards
PART 14: WHEN THINGS GO WRONG
Chapter 50 - Complaints
Chapter 51 - Legal remedies
Chapter 52 - Official enquiries
APPENDICES
Appendix 1 - European Convention on Human Rights
Appendix 2 - UN Convention on the Rights of Persons with Disabilities and Optional Protocol

About the author

Jill Stavert is Professor of Mental Health and Capacity Law at Edinburgh Napier where she is Director of the Centre for Mental Health and Capacity Law and leads the Centre for Mental Health Practice Policy and Law Research. Her areas of research and expertise are international, European and national human rights and mental health and mental capacity law and related law, policy and practice review and reform. Jill's recent work has included the impact of COVID-19 and related restrictions on law, policy and practice relating to persons with mental disabilities and she is currently a member of the Scottish Mental Health Law Review (Scott Review) Executive Team. Previously she was an expert advisor to the Scottish Independent Review of Learning Disability and Autism in the Mental Health Act and a member of the Deprivation of Liberty and Supported Decision-Making Working Groups in the Scottish Government review of the Adults with Incapacity (Scotland) Act. She is also currently leading a Nuffield Foundation funded study on views and experiences of the Mental Health Tribunal for Scotland.

Summary

This highly regarded book is a comprehensive and up to date guide to mental health law in Scotland. Every aspect of mental health law is explained, including tribunal procedure, procedures for adults with incapacity, community care, patients' rights and legal remedies for when things go wrong.

Mental health and incapacity law affect not just those subject to compulsory orders, but everyone with a mental health problem, dementia or a learning disability.

This title is included in Bloomsbury Professional's Scottish Law, Scots Law Student and Scottish General Practice online service.

Foreword

A comprehensive treatment of current mental health law.

Additional text

When I reviewed the 1st edition of Hilary Patrick’s “Mental Health, Incapacity and the Law in Scotland” I predicted that, within much of its extended area of coverage, “This book will be the authoritative starting-point for lawyers and non-lawyers alike for some years to come”. I was right. This 2nd edition, a decade later, is to be welcomed for several principal reasons...A full and authoritative exposition of mental health law...multi-dimensional coverage of an impressively wide range of topics.

Product details

• Authors: Hilary Patrick, Hilary Stavert Patrick, Patrick Hilary, Jill Stavert, Jill Patrick Stavert, Stavert Jill
• Publisher: Bloomsbury
• Languages: English
• Product format: Paperback / Softback
• Released: 29.09.2016
• EAN: 9781847667243
• ISBN: 978-1-84766-724-3
• No. of pages: 1112
• Subjects: Social sciences, law, business > Law > Mercantile and commercial law; LAW / Mental Health, Scotland, Mental Health Law