This complete and comprehensive guide to the Mental Health Act 1983 for any mental health professional – from social workers, psychologists and occupational therapists, to doctors and nurses. The book aims to simplify mental health law so that it’s 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 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 human rights issues, as well as an extensive appendices which provide access to the 1983 Act itself, important rules and regulations, and a summary of key cases.
This fourth edition includes:
- Practical advice and checklists for working the Act
- Information on detention of patients in hospital under The Mental Health Act
- The impact of the Policing and Crime Act 2017 on periods of detention and places of safety
- Additional case law detailing patient discharges and Deprivation of Liberty Safeguards.
- The Supreme Court 2019 judgement in the case of D (A Child)
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.
Robert Brown is a social worker and a Director of Edge Training and Consultancy Ltd. He provides refresher training for AMHPs and helps to train Section 12 Approved Doctors and Approved Clinicians in South West England and Wales. He provides consultation and supervision services to Cornwall, Guernsey, Hampshire, Jersey and Reading. Rob has published widely in the field of mental health and mental capacity law; co-authoring The Mental Health Capacity Act 2005: a Guide to Practice as well as Mental Health Law in England and Wales. He was a Mental Health Act Commissioner from 1992-2010. Prior to that, Rob worked as a Mental Health Welfare Officer and then an Approved Social Worker with Hampshire County Council. He has been a lecturer at Southampton University, Stirling University and Croydon College. Rob is a Visiting Fellow at Bournemouth University and was a finalist in the British Social Work Awards 2013, Lifetime Achievement category.
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.
Table of Contents
Chapter 1: Background to the Mental Health Act 2007Chapter 2: Who operates the Act?Chapter 3: The Codes of Practice and the Reference GuideChapter 4: Mental disorder and the availability of appropriate medical treatmentChapter 5: Civil admission and compulsion in hospitalChapter 6: Civil compulsion in the communityChapter 7: Mentally disordered offendersChapter 8: Medical treatment under the Mental Health ActChapter 9: The Mental Capacity Act 2005Chapter 10: The interface between the Mental Health Act and the Mental Capacity ActChapter 11: The deprivation of liberty safeguardsChapter 12: TribunalsChapter 13: Hospital managersChapter 14: The nearest relativeChapter 15: The Care Quality Commission (England) and the Healthcare Inspectorate WalesChapter 16: Independent mental health advocatesChapter 17: Human Rights Act implicationsChapter 18: Children and young personsAppendix 1: Mental Health Act 1983Appendix 2A: The Tribunal Procedure (First-tier Tribunal) (Healthm Education and Social Care Chamber) Rules 2008 (SI 2008/2699)Appendix 2B: Practice Direction First-tier Tribunal (Health, Education and Social Care Chamber) Statements and Reports in Mental Health CasesAppendix 2C: The Mental Health Review Tribunal for Wales Rules 2008Appendix 3A: The Mental Health Regulations: MENTAL HEALTH (ENGLAND) Statutory Instrument No. 1184 2008Appendix 3B: The Mental Health Regulations: MENTAL HEALTH (WALES) Statutory Instrument No. 2439 (W. 212) 2008Appendix 4: The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (SI 2005/2078)Appendix 5: The Human Rights Act 1998Appendix 6: Case LawAppendix 7: Conversion Chart for Forms used in Wales and EnglandAppendix 8: Transfer of Patients between jurisdictionsAppendix 9: Approved Clinician CompetencesAppendix 10A: The Mental Health Regulations: MENTAL HEALTH (CONFLICTS OF INTEREST) (ENGLAND) REGULATIONS 2008 (Statutory Instrument No. 1205 2008)Appendix 10B: The Mental Health Regulations: MENTAL HEALTH (CONFLICTS OF INTEREST) (WALES) REGULATIONS 2008 (Statutory Instrument No. 2440 (W. 213) 2008)Appendix 11: Mental Health Act 1983 (PLACES OF SAFETY) Regulations 2017