Mental Health Law in England and Wales

Paul Barber qualified in 1976. Until December 2003 he was a partner at Bevan Ashford Solicitors (now Bevan Brittan) where for many years he led the firm’s NHS Litigation Department, increasingly specialising in the field of Mental Health and Human Rights law. He is now a Consultant to the firm and a freelance trainer and lecturer. He is extensively involved in training Approved Social Workers and lecturing on Section 12 Approval courses for doctors. He also provides training for the Mental Health Act Commission and numerous NHS Trusts and Health Authorities. Robert Brown is a Visiting Fellow at Bournemouth University and was a Founding Director of Edge Training and Consultancy Limited. He was a Mental Health Act Commissioner from 1992 until 2010. He provides refresher training for Approved Mental Health Professionals (AMHPs) and Best Interest Assessors (BIAs) and contributes to the training of section 12 approved doctors and Approved Clinicians in South West England and Wales. He provides consultation and supervision for the AMHPs/BIAs in the Deprivation of Liberty Team in Cornwall. Rob also provides consultation to Lead AMHPs in Hampshire, the Isle of Wight, Lambeth, Portsmouth and West Berkshire. He has published widely in the field of mental health and mental capacity law. Debbie Martin is a guest lecturer for the Swansea University Approved Mental Health Professional programme. She is also involved in the training of section 12 Approval and Approved Clinician courses, and provides training to various NHS Trusts, Health Authorities, Health Boards and Local Authorities. She has published in the field of mental health and mental capacity law. She is a registered social worker, and has practised as a social worker, a mental health manager and an Approved Mental Health Professional.

Chapter 1: Background to the Mental Health Act 2007
Chapter 2: Who operates the Act?
Chapter 3: The Codes of Practice and the Reference Guide
Chapter 4: Mental disorder and the availability of appropriate medical treatment
Chapter 5: Civil admission and compulsion in hospital
Chapter 6: Civil compulsion in the community
Chapter 7: Mentally disordered offenders
Chapter 8: Medical treatment under the Mental Health Act
Chapter 9: The Mental Capacity Act 2005
Chapter 10: The interface between the Mental Health Act and the Mental Capacity Act
Chapter 11: The deprivation of liberty safeguards
Chapter 12: Tribunals
Chapter 13: Hospital managers
Chapter 14: The nearest relative
Chapter 15: The Care Quality Commission (England) and the Healthcare Inspectorate Wales
Chapter 16: Independent mental health advocates
Chapter 17: Human Rights Act implications
Chapter 18: Children and young persons
Appendix 1: Mental Health Act 1983
Appendix 2A: The Tribunal Procedure (First-tier Tribunal) (Healthm Education and Social Care Chamber) Rules 2008 (SI 2008/2699)
Appendix 2B: Practice Direction First-tier Tribunal (Health, Education and Social Care Chamber) Statements and Reports in Mental Health Cases
Appendix 2C: The Mental Health Review Tribunal for Wales Rules 2008
Appendix 3A: The Mental Health Regulations: MENTAL HEALTH (ENGLAND) Statutory Instrument No. 1184 2008
Appendix 3B: The Mental Health Regulations: MENTAL HEALTH (WALES) Statutory Instrument No. 2439 (W. 212) 2008
Appendix 4: The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (SI 2005/2078)
Appendix 5: The Human Rights Act 1998
Appendix 6: Case Law
Appendix 7: Conversion Chart for Forms used in Wales and England
Appendix 8: Transfer of Patients between jurisdictions
Appendix 9: Approved Clinician Competences
Appendix 10A: The Mental Health Regulations: MENTAL HEALTH (CONFLICTS OF INTEREST) (ENGLAND) REGULATIONS 2008 (Statutory Instrument No. 1205 2008)
Appendix 10B: The Mental Health Regulations: MENTAL HEALTH (CONFLICTS OF INTEREST) (WALES) REGULATIONS 2008 (Statutory Instrument No. 2440 (W. 213) 2008)
Appendix 11: Mental Health Act 1983 (PLACES OF SAFETY) Regulations 2017