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.
Among the developments incorporated in this edition are:
> R. (on the application of Worcestershire C.C.) v Secretary of State for Health and Social Care where the High Court held that the revised statutory guidance on s.117 of the Act produced by the Department was wrong, and that the original guidance was correct.
> Devon Partnership NHS Trust v Secretary of State for Health and Social Care on the use of remote technology when undertaking Mental Health Act assessments.
> DB v Betsi Cadwaladr UHB on the legality of the renewal of a patient's detention where the patient was being treated in a care home.
> MC v Sygnet Behavioural Health Ltd on the power of the tribunal to co-ordinate its decision to discharge a patient on a conditional discharge with the provision of authority under the Mental Capacity Act 2005 to deprive him of his liberty.
> SM v Livewell CIC on the test of capacity to make an application to the tribunal.
> Henderson v Dorset Healthcare University NHS Foundation Trust on whether a CTO patient could bring proceedings against the Trust for negligence on the ground that, if she had been properly treated for her mental disorder, she would not have killed her mother and would not have been convicted of the offence of manslaughter.
> AR v West London NHS Trust and the Secretary of State for Justice on whether a patient needs to have capacity to litigate in order to apply to a tribunal for a public hearing.
Amendments made to the Act by the Sentencing Act 2020 have been included. Also included are amendments made to the Tribunal Procedure Rules by the Tribunal Procedure (Amendment) Rules 2020 and amendments made to the Mental Health Rules by the Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020.
Government guidance on "Section 17 – Leave of Absence" and "Medical Leave for Restricted Patients" is reproduced, as are relevant extracts from the 2020 edition of "Who Pays? Determining which NHS commissioner is responsible for making payment to a provider" and the fourth version of “Legal guidance for services supporting people of all ages during the coronavirus pandemic: Mental health, learning disability and autism, specialised commissioning"
> 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.