Subjects:

Blackstone Legislation Guides, Mental Health Law

Contents:

Part I: Overview

1. Introduction

2. Human Rights Context

3. Key Features of the New Law

Part II: The Machinery of Civil Compulsion

4. The Criteria for Compulsion

5. Examination and Assessment

6. Medical Treatment Orders

7. Discharge from Compulsion

8. Child and Adolescent Mental Health Services

9. Non-resident Patients

10. Incompetent Patients

11. Patient Representation

12. The Role and Constitution of Tribunals

Part III: Mental Health and Criminal Justice

13. Remands for Assessment and Treatment

14. Mental Health Orders

15. Restriction Orders

16. Hospital Directions

17. Transfers to Hospital of Serving Prisoners etc.

18. Role of the Courts and the Tribunal

19. Human Rights Issues: Particular Areas of Concern

Part IV: Medical Treatment

20. Treatment Under Common Law

21. Treatment under the Mental Capacity Act 2005

22. Compulsory Treatment under the Mental Health Amendment Act 2006

Part V Confidentiality, Data Protection and Information Sharing

Appendix 1 - The Mental Health Amendment Act 2006

Appendix 2 - Code of Practice

This new Blackstone's Guide provides the full text of the Mental Health Act, together with an expert chapter by chapter narrative clearly explaining the changes the Act makes to the Mental Health Act 1983. 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 facti detained 'Bournewood' patients (to amend the Mental Capacity Act)

The narrative clearly explains how the Act amends the1983 Act, analyses its impact on the Mental Capacity Act, and discusses 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 clear layout makes it an ideal quick reference text, and the appendices include a copy of the Mental Health Act 2007.