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A complete, comprehensive and up-to-date reference guide to the Mental Health Act 1983, as amended by the 2007 Act, for any mental health professional - from social workers and occupational therapists, to GPs and nurses. The book simplifies mental health law making it accessible to busy professionals at all stages of practice as well as those affected by mental health law.
Key chapters include details on who operates the Act, who is affected by it, how people may be subject to compulsion, how the law governs issues of capacity and consent to treatment, how to appeal against compulsion, and the role of the nearest relative. There are also important chapters on advocacy, children and the importance of human rights issues, as well as an extended appendices which provides access to the 1983 Act itself, important rules, regulations and Codes of Practice, and a summary of key cases that have been decided by the courts.
List of contents
Background to the Mental Health Act 2007
Who Operates the Act?
The Codes of Practice and the Reference Guide
Mental Disorder and the Availability of Appropriate Medical Treatment
Civil Admission and Compulsion in Hospital
Civil Compulsion in the Community
Mentally Disordered Offenders
Medical Treatment under the Mental Health Act
The Mental Capacity Act 2005
The Interface between the Mental Health Act and the Mental Capacity Act
The Deprivation of Liberty Safeguards
Tribunals
Hospital Managers
The Nearest Relative
The Care Quality Commission (England) and the Health-Care Inspectorate Wales
Independent Mental-Health Advocates
Human Rights Act Implications
Children and Young Persons
Appendix 1: Mental Health Act 1983 as amended by the Mental Health Act 2007
Appendix 2A: The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
Appendix 2B: Practice Direction First-tier Tribunal
Appendix 2C: The Mental Health Review Tribunal for Wales Rules 2008
Appendix 3: The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (SI 2005/2078)
Appendix 4: The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (SI 2005/2078)
Appendix 5: The Human Rights Act 1998
Appendix 6: Case Law
Appendix 7: Conversion Chart for Forms used in Wales and England
Appendix 8: Tranfer of Patients within and from the British Islands
Appendix 9: Approved Clinician Competences
About the author
Paul Barber qualified in 1976. Until December 2003 he was a partner at Bevan Ashford Solicitors (now Bevan Brittan) where for many years he led the firm's NHS Litigation Department, increasingly specialising in the field of Mental Health and Human Rights law. He is now a Consultant to the firm and a freelance trainer and lecturer. He is extensively involved in training Approved Social Workers and lecturing on Section 12 Approval courses for doctors. He also provides training for the Mental Health Act Commission and numerous NHS Trusts and Health Authorities.
Summary
A complete, comprehensive and up-to-date reference guide to the Mental Health Act 1983, as amended by the 2007 Act, for any mental health professional - from social workers and occupational therapists, to GPs and nurses.
