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The Mental Health Act 1983 is an Act with exceptional reach. It is a mechanism by which the state can take control of those with mental disorders which place them, or others, at risk. Its use can save lives but detention under the Act is also one of the most intrusive interventions in a person’s life.
Practitioners representing clients in the mental health tribunal need a thorough understanding of the legal and regulatory framework governing the care, treatment and detention of patients. But they also need to understand mental disorder, how to deal with psychiatric reports and, crucially, the importance of building a relationship of trust with the client in order to provide the best legal representation.
Mental Health Tribunal Handbook provides a comprehensive guide to the relevant provisions of the Mental Health Act 1983, its Code of Practice and its interaction with the Mental Capacity Act 2005, with particular reference to the Deprivation of Liberty Safeguards, the Tribunal Procedure Rules 2008 and domestic and European case-law.
The authors have many years’ experience both representing clients and sitting on the tribunal panel. With a combined legal and medical background they are uniquely placed to guide practitioners through the procedural steps of taking a case from initial instructions through to hearings and, where necessary, to appeals to the Upper Tribunal. There is guidance on psychiatric concepts, expert witnesses and reports and advice on preparation, effective communication and skilled advocacy throughout the tribunal process.
Contents include: purpose of the Mental Health Act and key concepts > civil sections: admission, transfer and community treatment > mentally disordered offenders > consent to treatment > mental health tribunals > Mental Health Act 1983 Parts 6-10 > Mental Capacity Act 2005 and DOLS > children and young people > regulation, ethics and guidance > funding > evidence gathering and preparation > the process before hearing > the hearing > appeals > understanding mental disorder > top ten cases > appendices: Tribunal Procedure Rules, practice directions, guidance, forms, standard letters and section papers checklists.
Mental Health Tribunal Handbook will help those who are new to this demanding, fascinating and rewarding area of practice and also will provide an accessible reference point for the experienced practitioner.
- Published on: 2015-04-24
- Released on: 2015-04-24
- Format: Kindle eBook
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Vital
By Phillip Taylor MBE
A MOST VITAL MODERN GUIDE TO CURRENT MENTAL HEALTH LEGISLATION AND TRIBUNAL MATTERS: EXCELLENT ADVICE ON AN ACT WITH EXCEPTIONAL REACH
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
It’s only very recently that issues concerning mental health have achieved greater prominence in society and we talk about such matters more today than we did.
In part this is due to the continued confusing legislation of the past and the lack of expertise by lawyers and medical advisers in print until now. Yes, we have the experts, and we do rely on expert evidence in some cases, but matters such as increases in dementia and the array of mental issues now emerging which confront society have always tended to be put away in a drawer in the hope that they will be forgotten.
Not anymore! As practitioners, we are asked to advise much more frequently on mental health issues from both sides of the table and in the different settings. It is clear that the trend will continue and so LAG’s “Mental Health Tribunal Handbook” is a most welcome new title, written by experts for the legal practitioner and with excellent background for the expert witness.
The Legal Action Group (LAG), the access to justice charity, is well known to all practitioners for the sterling work it does with the production of first class texts to assist professionals, advisers and the judiciary as we go about our daily tasks.
Counsel and solicitors would expect to see this new handbook regularly in the courts and tribunals together with all the other LAG titles because they are, by far, the easiest law books to read and they set out law and procedure clearly for all parties involved in these difficult proceedings.
Brooke LJ features heavily in the Preface for his prescient comments saying (nearly 15 years ago) that “in the fairly near future the demands made on skilled solicitors in this field are going to increase exponentially”.
We have now reached that point in 2015 so this new handbook is a most welcome addition to the practitioner’s library as a ‘must-have’ publication to cover this expanding field of law.
The three authors, Sarah Johnston, Sophy Miles and Dr Claire Royston, bring a tremendous depth of expertise to their subject. We are profoundly grateful to them for sharing the knowledge and experiences they have with us. The beauty and enduring success of the common law has always been its case law concept, and the sharing of ideas when confronted with similar factual situations, the often difficult interpretation of statutes and advice on the need for the smooth running of procedures.
And we get just this with LAG’s “Mental Health Tribunal Handbook” to enrich our own expertise in this “demanding, fascinating and rewarding area of practice”. Frankly, without this book, many of us would become lost quite quickly!
The book was published in March 2015 and reflects the legal position to this date.
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