Mental Health Law in England and Wales: A Guide for Mental Health Professionals

Mental Health Law in England and Wales: A Guide for Mental Health Professionals

Paperback Mental Health in Practice

By (author) Paul Barber, By (author) Robert E. Brown, By (author) Debbie Martin

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  • Publisher: Learning Matters Ltd
  • Format: Paperback | 464 pages
  • Dimensions: 170mm x 244mm x 24mm | 599g
  • Publication date: 6 July 2012
  • Publication City/Country: Exeter
  • ISBN 10: 0857257218
  • ISBN 13: 9780857257215
  • Edition: 2, Revised
  • Edition statement: 2nd Revised edition
  • Sales rank: 520,510

Product description

This revised second edition is a complete guide to the Mental Health Act 1983, as amended by the 2007 Act, and is a comprehensive and up-to-date reference work for any mental health professional - from social workers and occupational therapists, to GPs and nurses. It will also be of value to patients and their elatives and carers. Featuring clear guidance on how mental health law operates in practice, this book also describes in close detail how people can be admitted to psychiatric hospital or treated within the community. This revised second edition contains important updates including the Mental Health Tribunal Practice Directions and the recent introduction of the Care Quality Commission and the Health Inspectorate (Wales). The 2007 amendment to the Mental Health Act provides a legal basis for informal admission, compulsory admission (sometimes referred to as 'sectioning'), as well as guardianship and the new Community Treatment Order, and this too is covered and explained. Also dealt with are the provisions for mentally disordered offenders who may come into mental health services via the courts or by being transferred from prison. Written by a Solicitor, a Mental Health Act Commissioner and an Approved Social Worker with working experience of putting the law into practice, this book includes: " The full text of the main body of the Mental Health Act (as amended) , as well as the relevant rules and regulations. " Practical advice and checklists for working with the Act. " Updated Case Law and relevant case examples to illustrate key points.

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Author information

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. Robert Brown is a Director of Edge Training Ltd and is widely published in the fields of mental health and mental capacity law. He is co-author of The Mental Capacity Act 2005: a Guide to Practice as well as Mental Health Law in England and Wales. Robert has worked as an Approved Social Worker and was a Mental Health Act Commissioner from 1993 to 2010. He provides consultation and supervision for a team of AMHPs/BIAs in Cornwall and consultation for Lead AMHPs in Hampshire and Lambeth. He provides training on mental health and mental capacity law in various parts of the UK. Debbie Martin is Unit Leader and lecturer on the new Approved Mental Health Professionals course in South West England. She currently practices as an Approved Mental Health Professional in Wiltshire and has worked as a social worker and mental health manager in Manchester. Debbie also teaches on section 12 Approval courses for doctors and provides training for the Mental Health Act Commission and various NHS Trusts, Health Authorities and Local Authorities.

Review quote

'Comprehensive and contains virtually all the material that the budding Approved Mental Health Professional might need' - Professor Malcolm Golightly, The British Journal of Social Work This revised edition is an invaluable reference guide to the Mental Health Act 1983, as amended by the 2007 act. There is a useful discussion of deprivation of liberty safeguards, tribunals, the Care Quality Commission in England and the health inspectorate in Wales. This will be an invaluable reference to healthcare professionals and students with an interest in the theory and practice of mental health law. It will also be of value to patients and their relatives or carers. -- Marc Cornock Nursing Standard

Table 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 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