Essential Mental Health Law — a guide to the revised Mental Health Act and the Mental Capacity Act 2005

Essential Mental Health Law cover

Published 19 November 2010

By Tony Maden and Tim Spencer-Lane

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224pp £24.99

ISBN: 978-1-905140-29-9

The new Mental Act,amending the 1983 Act,was passed in 2007 and came into operation only this year.The new Mental Capacity Act was passed in 2005 and came into operation in 2007.Together they represent major changes in how mental health professionals should care for their patients,reflecting the shift from institutional to community care that has taken place since 1983.Crucially the new Mental Health Act redefines mental disorder and removes the ‘treatability’ test. These and other changes have caused great controversy,but now the new legislation is in place there is a need to understand what it means for the individual practitioner when making decisions about the careof individual patients.

Essential Mental Health Law is the practical guide that will provide this understanding.Neutral on the wrongs and rights of the new legislation,it sets the controversy on one side to help psychiatrists,clinical psychologists,mental health nurses and social workers with the day to day application of the law in clinical practice.Non-specialist lawyers will also find it invaluable.

About the authors

Professor Anthony Maden

Professor Anthony Maden MRCPsych is Professor of Forensic Psychiatry, Division of Neurosciences and Mental Health, Imperial College, London University, and Clinical Director of the Dangerous and Severe Personality Disorder Service with West London Mental Health Trust

Tim Spencer-Lane

Tim Spencer-Lane a lawyer, works as the Policy Advisor on mental health law and disability law for the Law Society and co-Chair of the Mental Health Alliance Policy Group. He is also an Associate Lecturer with the Open University where he teaches social care law. He is currently on secondment to the Law Commission as part of the team reviewing adult social care law.

Contents

Introduction/Overview
  1. Mental disorder, including Personality disorder
  2. Compulsory admission to hospital and renewal
  3. Consent to treatment
  4. Professional roles
  5. Advocacy and the nearest relative
  6. Mental Health Review Tribunals and Hospital Managers
  7. Supervised Community Treatment and Guardianship
  8. After-care
  9. Children and young people
  10. Patients concerned in criminal proceedings or under sentence
  11. Police powers
  12. Risk assessment and management
  13. The Mental Capacity Act 2007
  14. The deprivation of liberty safeguards

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