Mental Health Act Manual 19th edition

Mental Health Act Manual 19th edition Richard Jones 

Sweet & Maxwell

30th September 2016

£82

ISBN: 9780414057487

The 19th edition of the Mental Health is a crucial insight tool for any professional working in mental health law, this specialist work reproduces the Act and its associated Rules and Regulations with annotations by Richard Jones.

Key developments incorporated in the new 19th edition are:

Case Law

• R. (on the application of Lee-Hirons) v Secretary of State for Justice where the Supreme Court considered the Secretary of State's power to recall a conditionally discharged patient.

• South Staffordshire and Shropshire Healthcare NHS Foundation Trust v The Hospital Managers of St George's Hospital on the independent status of a panel of hospital managers exercising their power of discharge.

• WH v Llanarth Court Hospital on the scope of the "appropriate treatment" test.

• RP v Dudley and Walsall Mental Health Partnership NHS Trust on the approach to be adopted by the First-tier Tribunal to issues arising under art.8 of the European Convention on Human Rights.

• AM v Partnerships in Care Ltd on the approach to be taken by the tribunal where disputed allegations underpin the responsible authority's submissions.

• A University Health Board v AB where the Mental Health Review Tribunal for Wales made a direction for the non-disclosure of information relating to the administration of covert medication to the patient.

• PJ v A Local Health Board on the scope of the tribunal's jurisdiction when considering the conditions attached to a community treatment order.

• MM v WL Clinic on the ability of a capacious patient to consent to the conditions of a conditional discharge.

• R. v Ahmed where the differences in the regimes for release on life licence and on a restriction order were contrasted.

• Birmingham City Council v D on whether the parent of a 16 or 17-year-old young person can consent to a deprivation of that young person's liberty.  

Legislation

• Inclusion of a new Practice Statement from the First-tier Tribunal on the "Delegation of functions to registrars, tribunal case workers and authorised tribunal staff on or after 8 July 2016".

Guidance

• Inclusion of the latest edition of the Law Society's practice note on "Representation before Mental Health Tribunals".

• New guidance on the identification of the after-care bodies responsible for providing services under s.117 of the Act is reproduced.