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Mental Health Law, 5th Edition

Mental Health Law, 5th Edition

  • 作者:
  • 出版商: Sweet & Maxwell U.K.
  • ISBN: 9780414041691
  • 出版时间 June 2010
  • 规格: Paperback , 440 pages
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
最新版已經出版!
  • 描述 
  • 大纲 
  • 作者 
  • 详细

    The long-awaited 5th edition of this popular text for all mental health professionals draws together allthe law relating to mentally disordered and mentally disabled people. The book covers the Mental HealthAct 2007, which made major amendments to the Mental Health Act 1983, and the Mental Capacity Act2005, also amended in 2007, that introduced a completely new scheme for decision-making on behalfof people who lack the capacity to make decisions. Associated regulations and Codes of Practice are alsoexamined in detail.

    Mental Health Law examines all the key issues, from informal and compulsory care and treatment ofpeople with mental disorders to the safeguards against unjustified deprivation of liberty and the powersof tribunals and the courts. Decision-making on behalf of people who lack the capacity to make decisionsfor themselves and the role of mental health professionals, doctors and families in making thesedecisions is given particular attention. The relevance of mental disorder in the criminal justice systemand its effect upon other legal rights such as voting, marrying and making wills are also covered.

    Written by Brenda Hale, a Justice of the Supreme Court of the United Kingdom, former academiclawyer and Law Commissioner whose work led to the Mental Capacity Act 2005, Mental Health Lawgives a plain and accessible yet critical account of what has become a complex body of law. Therefore,no matter what your interest in the law related to mentally disordered or mentally disabled people –as a lawyer, psychiatrist, mental health or social care professional or family member –you will find this a helpful guide.

    The impact of the Human Rights Act and its incorporation into mental health law the rights andfreedoms set out in the European Convention on Human Rights is discussed along with key UKand Strasburg case law.

  • Introduction: The story so far

    1. Informality and Intervention: The Basics

    • Out of mind and out of sight

     

     

    • Informal admission to hospital
    • Common law necessity and the Bournewood gap
    • The deprivation of liberty safeguards (DoLS)
    • In-patients’ detention under section 5 of the Mental Health Act
    • An outline of the other Mental Health Act powers
    • An outline of the Mental Capacity Act powers
    • Hospitals, homes and managers
    • The Codes of Practice



    2. Mental Disorder, Mental Capacity and the Grounds for Intervention

    • Psychiatry is a problem
    • Classifying the mental disorders
    • “Mental disorder” after the 2007 Act
    • The exclusions from “mental disorder” in the Mental Health Act
    • The additional criteria for compulsion under the Mental Health Act
    • The concepts in the Mental Health Act
    • Commentary

      3. Professionals and Families
    • Patients and paupers
    • Approved mental health professionals
    • The patient’s family
    • Child patients, their families and local authorities
    • Doctors and approved clinicians under the Mental Health Act
    • Conflicts of interest under the Mental Health Act
    • Mental Capacity Act assessors
    • Commentary

      4. The Machinery for Detaining People
    • What is left of the common law?
    • Gaining access
    • Admission for assessment under the Mental Health Act
    • Admission for treatment under the Mental Health Act
    • Scrutiny and rectification of Mental Health Act documents
    • Deprivation of liberty under the Mental Health Act
    • The National Assistance Act procedures
    • Commentary

      5. Mentally Disordered Offenders
    • Police and prosecution
    • Procedure before trial
    • Mental disorder as a defence
    • Sentencing
    • Commentary

      6. Treatment and Care
    • Treatment outside the Mental Health Act
    • Treatment under the Mental Health Act
    • Management and control
    • Patients’ rights to information and contact
    • Advocacy
    • Research
    • The Care Quality Commission

      7. Moving Out and Moving On
    • Planning and after-care
    • Leave of absence
    • Community treatment orders
    • Transfers between hospitals and into guardianship
    • Discharge
    • Absconders and escapers
    • Subsequent court orders
    • Commentary

      8. Tribunals and Courts
    • The Tribunal
    • The Court of Protection
    • The Family Division of the High Court
    • The Administrative Court
    • Commentary

      9. Community Care
    • Community care services
    • Assessment and entitlement
    • Children’s services
    • Protection from abuse and exploitation
    • Mental Health Community powers
    • The Mental Capacity Act in the community
    • Commentary

      10. Legal Capacity and Legal Rights
    • Rights of citizenship
    • Family life
    • Wills and other gifts
    • Contracts with suppliers, employers and others
    • Proxy decision-makers
    • The Court of Protection
    • Criminal and civil proceedings
    • Commentary

     

  • Brenda Hale (Baroness Hale of Richmond) is now a Justice of the Supreme Court of the United Kingdom. As Brenda Hoggett she was an academic lawyer, then a Law Commissioner promoting the reform of the law, before becoming a High Court Judge in 1994.

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