|Book||Mental Capacity Act Manual 4th Edition||17/09/2010||9780414043251||N/A|
This book explains the scope of the Mental Capacity Act 2005 and makes clear the interaction between the Act and the Mental Health Act 2007. This invaluable work reproduces the Act with section-by-section guidance, and includes all of the changes and developments that have occurred since the Act was passed.
New for this edition:
- Includes amendments made to the Mental Health Act by the Legal Services Act 2007, the Health and Social Care Act 2008, the Criminal Justice and Immigration Act 2008 and the Health Act 2009
- Focuses on a number of important new cases including cases on:
- The identity of the responsible local authority and Primary Care Trust for the purposes of the after-care provision contained in s.117
- The provision of housing as an after-care service
- The meaning of "appropriate treatment"
- The provision of medical recommendations to support an application for detention
- The responsibilities of Approved Mental Health Professionals to consider the objections of the patient's nearest relative to the making of an application for detention
- The duties of the Secretary of State for Justice when granting leave of absence to a restricted patient and on recalling a conditionally discharged patient
- Discusses a number of key decisions of the Upper Tribunal on the operation of the Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, together with new guidance on the adequacy of reasons given by the tribunal, on the provision of skeleton arguments by legal representatives, on the role of victims in tribunal proceedings, and on the observation of tribunal proceedings
- Examines the landmark case of GJ v Foundation Trust on whether the Mental Health Act or the authorisation procedure contained in the Mental Capacity Act 2005 should be used when a patient is being deprived of his or her liberty, together with revised guidelines on the meaning of a deprivation of liberty
- Includes references to the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008.
Jurisdiction: England & Wales