Preliminary Sections
| Author | Michael Butler |
| Pages | 1-18 |
Practitioner’s Guide to Mental Health
Law
A
Practitioner’s Guide to Mental Health
Law
Michael ButlerWildy, Simmonds & Hill Publishing
© Michael Butler, 2014
Contains public sector information licensed under the Open Government Licence v1.0
ISBN: 9780854901142
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
The right of Michael Butler to be identified as the author of this Work has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the consent of the copyright owners, application for which should be addressed to the publisher. Such a written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.
All reasonable care was taken in the preparation of this book, but any person relying on any of the statements, express or implied, in this book does so entirely at his or her own risk and without liability on the part of either the author or the publisher.
First published in 2014 by
Wildy, Simmonds & Hill Publishing
58 Carey Street
London WC2A 2JF
England
www.wildy.com
Typeset by Cornubia Press Ltd, Bristol.
Printed in Great Britain by CPI Antony Rowe, Chippenham, Wiltshire.
Contents
Table of Cases xix Table of Statutes xxv Table of Statutory Instruments xxxv Table of Conventions xxxix Acknowledgements xli
1 Introduction 1
1.1 Scope of the book 1
1.2 Glossary 2
1.3 Abbreviations 6
PART ONE
OVERVIEW OF THE MENTAL HEALTH ACT 1983 9
2 Mental Health Act 1983 – Overview 11
2.1 Introduction 11
2.2 Structure of the Mental Health Act 1983 12
2.3 Mental Health Act 2007 13
2.3.1 Definition of mental disorder 14
2.3.2 Appropriate treatment test 14
2.3.3 Broadening of professional roles 14
2.3.4 Nearest relative 14
2.3.5 Independent mental health advocates 14
2.3.6 Community treatment orders 15
2.4 Code of Practice 15
2.5 Mental Health Hospital, Guardianship and Treatment (England) Regulations 2008 15
2.6 Reference Guide to the Mental Health Act 1983 16
2.7 The Mental Health Act 1983 and the European Convention on Human Rights 16
2.7.1 Article 3 – prohibition of torture 16
2.7.2 Article 5 – right to liberty and security 17
2.7.3 Article 6 – right to a fair trial 18
2.7.4 Article 8 – right to respect for private and family life 19
2.7.5 Convention rights and the Code of Practice of the Mental
Health Act 1983 20
vi A Practitioner’s Guide to Mental Health Law
3 Mental Disorder 23
3.1 Introduction 23
3.2 Statutory definition of mental disorder 23
3.2.1 Section 1(2) of the Mental Health Act 1983 23
3.2.2 Removal of classifications of mental disorder 24
3.3 Meaning of the term ‘mental disorder’ 24
3.3.1 Reliance on good clinical practice and accepted standards 24
3.3.2 Diagnostic manuals 25
3.3.3 The odd and the deviant 26
3.4 Learning disability 27
3.4.1 Mental Health Act 1983 definition of ‘learning disability’ 27
3.4.2 Exclusion from the definition of mental disorder 27
3.4.3 Abnormally aggressive or seriously irresponsible conduct 28
3.4.4 Exceptions to this rule 28
3.5 Drug and alcohol dependency 28
3.6 Promiscuity, other immoral conduct and sexual deviancy 29
3.6.1 Promiscuity or other immoral conduct 29
3.6.2 Sexual deviancy 30
PART TWO
CIVIL ADMISSIONS UNDER THE MENTAL HEALTH ACT 1983 31
4 Civil Admissions under the Mental Health Act 1983 – Legal Criteria 33
4.1 Introduction 33
4.2 Detention for assessment 33
4.2.1 Section 2 of the Mental Health Act 1983 33
4.2.2 Applying the criteria under section 2 of the Mental Health
Act 1983 34
4.3 Detention for treatment 36
4.3.1 Section 3 of the Mental Health Act 1983 36
4.3.2 Applying the criteria under section 3 of the Mental Health
Act 1983 36
4.3.3 Appropriate treatment test 37
4.4 Choice between section 2 and section 3 of the Mental Health Act 1983 38
5 Civil Admissions under the Mental Health Act 1983 – Procedure 41
5.1 Introduction 41
5.2 Role of the approved mental health professional 41
5.2.1 Who is the approved mental health professional? 41
5.2.2 Arrangements to assess the patient 42
5.2.3 Duty to interview the patient 42
5.2.4 Duty to inform/consult the nearest relative 43
5.2.5 Arranging the medical recommendation 43
5.2.6 Deciding on admission 44
5.2.7 Arranging admission 45
5.3 Role of the nearest relative 45
Contents vii
5.3.1 Who is the patient’s nearest relative? 45
5.3.2 Right of the nearest relative to make the application
for admission 47
5.3.3 Right of the nearest relative to be informed in cases under
section 2 of the Mental Health Act 1983 47
5.3.4 Right of the nearest relative to be consulted in cases under
section 3 of the Mental Health Act 1983 48
5.3.5 Consequences of an objection by a nearest relative in cases
under section 3 of the Mental Health Act 1983 49
5.4 Role of the registered medical practitioner 50
5.4.1 The need for medical recommendations 50
5.4.2 Who should be the two registered medical practitioners? 50
5.4.3 Duty of the approved mental health professionals 51
5.4.4 Nature of the recommendation 51
5.5 Additional procedural points 52
5.6 Urgent admissions for assessment under section 4 of the Mental Health
Act 1983 53
5.6.1 Introduction 53
5.6.2 Criteria for use 53
5.6.3 Procedure 53
5.6.4 Effect of detention under section 4 of the Mental Health
Act 1983 54
6 Police Powers 57
6.1 Introduction 57
6.2 Gaining access to premises for assessment 57
6.2.1 Need to gain access 57
6.2.2 Section 115 of the Mental Health Act 1983 58
6.2.3 Section 135(1) of the Mental Health Act 1983 58
6.2.4 Section 17(1)(e) of the Police and Criminal Evidence Act 1984 59
6.2.5 Common law power 60
6.3 Removing a person from a public place 60
6.3.1 Section 136(1) of the Mental Health Act 1983 60
6.3.2 Subsequent assessment 60
6.4 Assessment at a place of safety 61
6.4.1 Place of safety 61
6.4.2 Transfer between places of safety 61
6.4.3 Seventy-two hours 61
6.4.4 Rights while detained 62
6.5 Returning patients who are absent without leave 62
6.5.1 Section 18 of the Mental Health Act 1983 62
6.5.2 Section 135(2) of the Mental Health Act 1983 63
6.5.3 Section 17(1)(d) of the Police and Criminal Evidence Act 1984 64
7...
To continue reading
Request your trial