The Mental Health Act Manual has been fully updated to cover the latest case law and legislative developments.
This book provides readers with a clear understanding of all aspects of the Mental Health Act 1983. The work is a vital tool for busy professionals requiring insight and guidance in the complex area of mental health law. The Act is reproduced alongside the associated Rules and Regulations, all carefully annotated by Richard Jones.
- Written in a clear, practical style, designed to be accessible to both the medical and legal profession
- User-friendly style: primary and secondary legislation is annotated in the Parts with the analysis of important contextual aspects of mental health law located in the Annexes
- Readers benefit from the expertise and advice of one of the most highly respected individuals in the field
- Includes all the relevant primary and secondary legislation on mental health law with detailed annotations
- An annotated version of the Mental Health Units (Use of Force) Act 2018 is reproduced.
- Explains the impact of the 2007 Act, detailing how each section of the MHA 1983 has been affected.
- Provides guidance on the Code of Practice.
Major developments covered in the twenty-seventh edition include:
Cases
- Re RM Application for Judicial Review (Northern Ireland) where Lady Simler considered the effect of art.15 the Mental Health (Northern Ireland) Order 1986 which in all material respects is identical to s.17 of the 1983 Act. Her Ladyship held that a period of leave of absence can be regarded as detention in hospital for medical treatment. It follows from RM that there is no need for an in-patient element in the patients care plan to be identified before renewal can take place.
- Re MK: Deprivation of Liberty and Tier 4 Beds, where Lieven J said the fact that the patient’s treatment needs may not be well met in a Tier 4 bed simply misses the point and that in her “judgement, it must be the case that the State is more likely to achieve its obligations under Article 2 [of the European Convention on Human Rights (the Right to Life)] by keeping [the patient] in a locked unit, than either on a general paediatric ward or in Airbnb with high turnover of staff and not physically designed for containment.”
- Lukes v Kent and Medway NHS and Social Care Partnership Trust, where Julian Knowles J held that the conditions for compulsory detention under the 1983 Act for either assessment or treatment are not limited to cases of psychosis, and that having mental capacity is no bar to being detained under the Act.
- SF (as Nearest Relative of RB) v Avon and Wiltshire Mental Health Partnership NHS Trust, where Judge Church held that it cannot be the case that treatment that is wholly inadequate for a patient’s needs can satisfy the “appropriate medical treatment” test in s.72(b)(iia).
- Lancashire and South Cumbria NHS Foundation Trust v Moon, where the Employment Appeal Tribunal held that nothing in s.23 of the Act precluded a member the committee, frequently referred to as an Associate Hospital Manager, from being a worker under s.230(3)(b) of the Employment Rights Act 1996 and employed under a contract personally to do work, as defined by s.82(2)(a) of the Equality Act 2010.
Legislation
Reference is made to a new legal framework introduced by the Police, Crime, Sentencing and Court Act 2022 which allows for the remote access by non-participants to proceedings, including tribunal proceedings, that are to be held in public.
Guidance
An updated version of the Law Society’s practice note on “Representation before mental health tribunals” is reproduced, as well as government guidance on the effect of the Worcestershire decision on the duties of Integrated Care Boards under s.117. New government guidance on the supervision and reporting of conditionally discharged patients is also reproduced.
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