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This new Blackstone's Guide provides the full text of the Mental Health Act 1983 and the main provisions of the Mental Capacity Act 2005 as amended by the MHA 2007, as well as the remaining provisions of the 2007 Act, together with an expert chapter by chapter narrative clearly explaining theimpact of the new Act on the 1983 and 2005 Acts. Key changes introduced by the Mental Health Act 2007 include;- A new definition of 'mental disorder'- The abolishment of existing classifications of 'mental illness', 'psychopathic disorder', 'mental impairment' and 'severe mental impairment'- The abolishment of the existing exclusions for prosmicuity, immoral conduct, sexual deviancy etc.- A new requirement that 'appropriate treatment' be available for all forms of mental disorder before detention may be authorised, whilst removing the 'treatability' requirement for patients suffering from psychopathic disorder- A new power to control and treat patients in the community- Amendments to the 'nearest relative' provisions to bring them into line with the ECHR- A new framework of safeguards for incapacitated de facto detained 'Bournewood' patients (to amend the Mental Capacity Act)The narrative clearly explains how the Act amends the1983 Act and the 2005 Act, discusses the interface between the two, and the human rights implications of compulsory detention and treatment by reference to key cases such as Bournewood, IH, and Von Brandenburg. The Guide's accessible and clearlayout makes it an ideal quick reference text. The appendices include the full text of the Mental Health Act 1983 as amended by the 2007 Act as well as the remaining provisions of the Mental Health Act 2007.The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer timely and expert commentary on the meaning and effects of the legislation, plus a copy of the Act itself. The Guides are acost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
This revised second edition is a complete guide to the Mental Health Act 1983, as amended by the 2007 Act, and is a comprehensive and up-to-date reference work for any mental health professional - from social workers and occupational therapists, to GPs and nurses. It will also be of value to patients and their elatives and carers. Featuring clear guidance on how mental health law operates in practice, this book also describes in close detail how people can be admitted to psychiatric hospital or treated within the community. This revised second edition contains important updates including the Mental Health Tribunal Practice Directions and the recent introduction of the Care Quality Commission and the Health Inspectorate (Wales). The 2007 amendment to the Mental Health Act provides a legal basis for informal admission, compulsory admission (sometimes referred to as 'sectioning'), as well as guardianship and the new Community Treatment Order, and this too is covered and explained. Also dealt with are the provisions for mentally disordered offenders who may come into mental health services via the courts or by being transferred from prison. Written by a Solicitor, a Mental Health Act Commissioner and an Approved Social Worker with working experience of putting the law into practice, this book includes: " The full text of the main body of the Mental Health Act (as amended) , as well as the relevant rules and regulations. " Practical advice and checklists for working with the Act. " Updated Case Law and relevant case examples to illustrate key points.
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.
This is a case-based, service user centred textbook for mental health nursing students to use throughout their pre-registration studies. The essential theory required for nursing care is explored alongside real service users' views and fictional cases providing excellent transferable skills for practice.
This analysis of the forensic mental health system - how it operates, the people involved, the problems inherent in the system, and the huge ethical dilemmas - brings together a range of specialists, who describe the processes involved in dealing with a mentally disordered offender.
This text provides a detailed overview of mental health law and the socio-legal, historical, sociological, and cultural issues related to them. The role of the law and medical treatments in regulating and controlling deviance are explored alongside the fundamental rights and liberties of some of society's most vulnerable people.
Mental health nursing students need to understand their legal duties towards all clients, including specific laws for care of detained patients. Yet these laws can be comples, confusing, and difficult to relate to the reality of nursing care. This book is a clear guide to the Mental Health Act and Code of Practice which explains the specific duties, responsibilities and powers of mental health nurses and the care of detained patients in particular. It explains the most frequently encountered parts of the Act and Code and clarifies common misunderstandings. It outlines dilemmas faced by nurses which may arise from possible conflicting responsibilities. It also gives an introduction to other major legal considerations that mental health nursing students need. Key features: Specific guide to the law for mental health nursing students, written by experienced practitioners involved in MHA regulation in England Case studies and examples help the reader relate the law to their clinical practice Multiple choice questions and acticvities help students to develop confidence and become critical and independent learners Linked to relevant NMC Standards and ESCs for degree-level education.
The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after an Act they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. Theyoffer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.The Proceeds of Crime Act 2002 (POCA) came into force in February 2003, introducing a new anti-money laundering regime. It created the Asset Recovery Agency; introduced wide new powers in relation to the confiscation of criminal property; as well as new civil recovery and enforcement powers.The third edition provides a clear and accessible exploration of POCA, which has been completely updated to include all recent developments notably; the Serious Organised Crime and Police Act 2005 (SOCPA), the Criminal Procedure Rules 2005 and the Fraud Act 2006. It includes the full updated text ofPOCA 2002, plus other essential materials. Included are the Crown Court Rules governing procedures, forms and timetables, and Codes of Practice dealing with search, seizure warrants and production and disclosure orders.
Children and young people with complex mental health needs are increasingly being cared for within specialist mental health care settings, either in the community or in in-patient facilities. With rapid social developments, it can be difficult for carers and practitioners to keep track of the law in this area. This book provides a guide to the law relating to mental health care for children and young people, their rights and entitlement to service, and discusses important issues in clinical and social care practice such as parental responsibility, Gillick competency and capacity, emergency intervention and detention, assessment of mental illness and confidentiality in practice. A chapter written by Mary Mitchell considers the diagnosis and management of complex mental illness in young people, and a concluding chapter discusses changes in the law. Jargon-free and accessibly written, this is an invaluable guide for professionals working in child and adolescent health and social care, social workers, youth workers, social welfare policy makers, medical professionals, teachers, educational professionals and students, as well as advocates for children and young people.
This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.