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.
This publication highlights key issues and principles to be considered in the drafting, adoption and implementation of mental health legislation and best practice in mental health services. It contains examples of diverse experiences and practices, as well as extracts of laws and other legal documents from a range of different countries, and a checklist of key policy components. Three main elements of effective mental health legislation are identified, relating to context, content and process.
"This practical book provides all professionals, particularly legal representatives, with an accessible and up-to-date guide to Mental Health Tribunals, including: a concise overview of the human rights and policy background, analysis of the legal definition of mental disorder and use of compulsory powers, a clear statement of the tribunal powers applicable to offender and non-offender patients, unrestricted patients and community patients, a chronological account of the procedure and operation of the tribunals, an outline of the typical procedural steps for a patient's representative, review of the public funding position. Uniquely, the authors explain where the law, rules and procedures differ between England and Wales and the rules for each tribunal are conveniently set out in comprehensive appendix materials. This book will be invaluable to those seeking accreditation of re-accreditation under the Law Society's Mental Health Accreditation Scheme"--P. [4] of cover.
Tribunal Practice and Procedure is the only book that covers the structure, proceedings and law governing the integrated tribunal system created by the Tribunals, Courts and Enforcement Act 2007. As well as dealing with the rules of procedure, this book contains practical advice for tribunal members and those who appear before them.
This monograph provides a comprehensive examination of mental health tribunal hearings in Australia. It deals with a wide and far-reaching landscape of theories and concepts and their practical application to the day-to-day operations of the tribunals in New South Wales, Victoria and the Australian Capital Territory.The study is extensive and broad in its approach, going beyond a critical assessment of the individual tribunals to an examination of the supporting mental health services, and of the complex area of human rights as they relate to the care and treatment of people with a mental illness.It documents the universal tensions between the 'pragmatic' (what is 'affordable' and 'politically acceptable'), the 'normative' (human rights and common law principles) and the 'evidence based' (what 'works best'). The entire discourse is framed within a concern to uphold the rights of those living with a mental illness and a desire to bring about paradigm-shifting changes to improve mental health processes for all stakeholders.It presents considered views on tribunals' future directions, commending existing 'good practices' and charting possible directions for reform of legislation and operations.
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.
Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: - Historical Foundations - The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities - Gaps Between Law and Practice - Review Processes and the Role of Tribunals - Access to Mental Health Services Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.
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.
