This book provides an authoritative combination of legal and administrative practice and procedure and the operation of mental health tribunals (MHRTs). It includes: . Case summaries of all important reported and unreported decisions. Explanatory chapter on medical terms and the interpretation of special investigations. Diagnostic guidelines for the major forms of mental disorder. Detailed guidance on preparation of cases. Important amendments made by the Crime (Sentences) Act 1997
This accessible and practical guide de-mystifies the Mental Health Tribunal for health and social care professionals. Written by a mental health lawyer and a MHT Panel member, it offers essential explanations of all stages of the MHT proceedings, from initial application to the final decision. The book also provides answers to frequently asked questions and provides top tips to help guide through the whole process.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This Code of Practice is a reference tool for those dealing with, and caring for people admitted to hospital and care homes with mental health problems. Authored by the Department of Health and produced following wide consultation with those who provide and receive services under the Mental Health Act, this publication will come into force on 3 November 2008. Through the Mental Health Act 2007, the Government has updated the 1983 Act to ensure it keeps pace with the changes in the way that mental health services are - and need to be - delivered. This publication provides guidance and advice to registered medical practitioners, approved clinicians, managers and staff of hospitals, and approved mental health professionals on how they should proceed when undertaking duties under the Act. It also gives guidance to doctors and other professionals about certain aspects of medical treatment for mental disorder more generally. The Mental Health Act Code of Practice is also aimed at all of those working in primary care, Mental Health Trusts, NHS Foundation Trusts as well as solicitors and attorneys who advise on mental health law. The Code should also be beneficial to the police and ambulance services and others in health and social services (including the independent and voluntary sectors) involved in providing services to people who are, or may become, subject to compulsory measures under the Act. It will also be a guide for those working with people with specific mental health needs such as those in nursing and care homes, and those in prison.
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.
"This book is a revised and updated edition of Elders and the Law (PEPAR Publications, 1993). It describes the legal framework for working with older people following the modernising agenda in health and social care, and the length has been considerably expanded to enable topics to be dealt with more comprehensively. It covers the range of legal issues affecting the welfare and financial security of older people in the community and residential settings, and emphasises the empowering nature of legal knowledge. It also describes and explains the application of law and policy relating to older people in the context of social work practice." "Older People and the Law is aimed at all professionals working with older people but particularly social workers. Its clarity of style means that older people themselves and carers will find it accessible."--BOOK JACKET.
Derek Auchie and Ailsa Carmichael conduct a full review of the Mental Health Tribunal for Scotland (Practice and Procedure) (No 2) Rules 2005, together with a detailed examination of the relevant provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003. The authors, both Legal Members of the Tribunal, draw upon their own experiences and the experiences of other members in convening Tribunal hearings, making this text an invaluable practical resource for anyone involved at any level of the Tribunal process.
Wade and Forsyth's Administrative Law has been a cornerstone text since publication of the first edition in 1961. It provides a comprehensive and perceptive account of the principles of judicial review and the administrative arrangements of the United Kingdom. For over sixty years, this text has been trusted by students and is extensively cited by courts throughout the common law world. The book's clarity of exposition makes it accessible to students approaching the subject for the first time, whilst its breadth of coverage and perceptive insight ensure its value to all interested in the field, academics and practitioners alike.
This series of books from Learning Matters is aimed at busy social work practitioners who are looking to enhance their skills and extend their knowledge. Written from a practical point of view, they have clear links to both post-qualifying training as well as CPD. They are up-to-date, accessible and totally skills focused. Written specifically for Approved Mental Health Professionals (AMPHs), this book brings together the elements of the legislation, Code of Practice, Memorandum, Government Circulars and relevant case law and policy. It covers the roles which fall to an AMHP in the revised Mental Health Care Act as well as the Key Competencies. Also included are a detailed account of the Community Treatment Order and the AMHP's role in relation to this new provision, as well as checklists, case studies and exercises to aid practice and learning. This fully-revised third edition brings together updated legislation, case law and policy. There is new material on the AMPH's responsibilities towards nearest relatives and how the Mental Capacity Act 2005 interacts with the revised Mental Health Act. An essential book for practicing AMHPs or those currently in training, this book also contains extensive appendices which cover Mental Health Act Assessments, Practice Directions (first tier tribunal) and the AMHP Regulations for both England and Wales.
This highly regarded book is a comprehensive and up to date guide to mental health law in Scotland. Every aspect of mental health law is explained, including tribunal procedure, procedures for adults with incapacity, community care, patients' rights and legal remedies for when things go wrong. Mental health and incapacity law affect not just those subject to compulsory orders, but everyone with a mental health problem, dementia or a learning disability.
