Principles of Mental Health Law and Policy


Principles of Mental Health Law and Policy

Author Lawrence Gostin, Jean McHale, Philip Fennell, Ronald D. Mackay, and Peter Bartlett (Editors)
Publication Date 25 March 2010
ISBN 9780199279364
Format Hardcover
Publisher Oxford University Press


Principles of Mental Health Law provide a thorough overview of the mental health law in England and Wales. It examines the Mental Health Act 1983 and the amendments made by the new Mental Health Act 2007 in depth, starting with the historical context and ending with the present law in the area. The regulation of hospital and community care and treatment is investigated. Beyond the law, the book delves into the legal and regulatory issues that face mental health professionals in a variety of areas, from confidentiality and privacy to causality and limitation. Leading national and international experts in the field of mental health wrote the chapters.

Key Features of Principles of Mental Health Law and Policy:

  • This authoritative text is the first of its type to provide a complete examination of mental health law's influential and significant evolution over the last 30 years.
  • The Mental Health Act 2007, which begins a period of extraordinary change as the government strives to achieve a balance between patient safeguards and public safety, included significant revisions to the Mental Health Act 1983 and the Mental Capacity Act 2005.
  • The Mental Health Act of 2007 and its impact on everyday practise in law and psychiatry are covered in this indispensable and practical handbook.
  • All of the legislation, regulation, and policy on mental health law, including important domestic and European case law, is examined in one volume.
  • Provides practical and procedural guidance on all aspects of mental health law, including the Court of Protection, criminal justice, and patient treatment.
  • A renowned national and international team of professionals wrote and edited the book.

TABLE OF CONTENTS of Principles of Mental Health Law and Policy

1. History and Context of Mental Health Law and Policy
1:History, Policy and Regulation, Peter Bartlett and Philip Fennell
2:Mental Disorder, Philip Fennell
3:Human Rights, Lance Gable and Lawrence Gostin
4:Capacity, Peter Bartlett, Philip Fennell and Jean McHale

2. The Mental Health System: Advocacy, Services and Accountability
5:The Legal Regulation of Mental Health Services in the NHS, Jean McHale
6:Scrutiny of Standards in Mental Health Services, Jean McHale
7:Social Services, Luke Clements
8:Mental Health Professionals, Nicola Glover-Thomas and Judith Laing
9:Nominated Person/Advocates, Kirsty Keywood
10:Carers, Jonathan Herring
11:Tribunal Structure, Philip Fennell

3. Care and Civil Compulsion: Assessment, Supervision and Treatment
12:Informal Admission, Peter Bartlett
13:Civil Confinement, Peter Bartlett
14:Treatment, Nell Munro
15:Supervised Community Treatment Orders, John Dawson
16:Discharge from Hospital, Philip Fennell
17:Removal and Return of Patients and Repatriation of Prisoners, Philip Fennell
18:Children, Ralph Sandland

4. The Criminal Justice System
19:Powers of the Police and the Decision to Prosecute, Philip Fennell
20:Mental Disability at the Time of the Offence, Ronnie Mackay
21:Mental Disability at the Time of the Trial, Ronnie Mackay
22:Mental Disability and the Sentencing Decision, Philip Fennell
23:Transfer to Hospital, Ronnie Mackay

5. Patient Protection, Rights and Disabilities
24:Privacy, Jean McHale
25:Rights and Disabilities of Patients, Philip Fennell
26:Mental Health, Mental Capacity and Research, Jean McHale
27:Disability Discrimination, Philip Fennell and Lawrence Gostin
28:Offences, Philip Fennell

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