27 Apr 2015
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.
•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
•evidence gathering and preparation
•the process before hearing
•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.