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Mental Health Law in England and Wales
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Mental Health Law in England and Wales
A Guide for Mental Health Professionals

Fifth Edition


July 2023 | 584 pages | Learning Matters
Mental Health Law in England and Wales is a 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 extensive appendices which provide access to the 1983 Act itself, important rules and regulations, and a summary of key cases.

This Fifth Edition includes: 
- Practical advice and checklists for working with the Act.
- An updated text of the Mental Health Act and relevant Rules and Regulations.
- Recent case law including the Devon judgment on Mental Health Act assessments.
- A summary of the Human Rights Act 1998.
- Guidance on the interface between the Mental Health Act and the Mental Capacity Act.
- Recent case law concerning the ‘relevant information’ when assessing for incapacity.
 

 
Chapter 1: Background to the Mental Health Act 1983
 
Chapter 2: Who operates the Act?
 
Chapter 3: The Codes of Practice and the Reference Guide
 
Chapter 4: Mental disorder and the availability of appropriate medical treatment
 
Chapter 5: Civil admission and compulsion in hospital
 
Chapter 6: Civil compulsion in the community
 
Chapter 7: Mentally disordered offenders
 
Chapter 8: Medical treatment under the Mental Health Act
 
Chapter 9: The Mental Capacity Act 2005
 
Chapter 10: The interface between the Mental Health Act and the Mental Capacity Act
 
Chapter 11: The deprivation of liberty safeguards
 
Chapter 12: Tribunals
 
Chapter 13: Hospital managers
 
Chapter 14: The nearest relative
 
Chapter 15: The Care Quality Commission (England) and the Healthcare Inspectorate Wales
 
Chapter 16: Independent mental health advocates
 
Chapter 17: Human Rights Act implications
 
Chapter 18: Children and young persons

Excellent resource and relevant to programme

Mrs Emma Rimmer
Faculty of Health & Social Care, Edge Hill University
September 11, 2023

A great resource for staff and students. Easily accessible. Good reference book. A valuable teaching and learning tool.

Mrs Jane Fisher
School of Nursing and Caring Sciences, University of Central Lancashire
October 24, 2023

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