Mental Health Act Manual 21st ed

The 21st edition of the Mental Health Act Manual is an essential guide to the Mental Health Act 1983.

A crucial insight tool for any professional working in mental health law, this specialist work reproduces the Act and its associated Rules and Regulations with annotations by Richard Jones.

Key developments incorporated in the new edition are:

Case Law

• M v ABM University Health Board on the approach that should be adopted when it is proposed to medicate a mentally incapacitated detained patient covertly.
• R. (on the application of CXF) v Central Bedfordshire Council on the duty of local authorities to provide after-care services to detained patients who have been granted leave of absence under s.17 of the Act
• DL-H v West London Mental Health Trust where the Upper Tribunal ruled on the evaluation of expert evidence by the First-tier Tribunal.
• R. (on the application of Mitocariu) v Central and North West London NHS Foundation Trust [2018] EWHC 126 (Admin) on the powers of NHS Foundation Trusts in circumstances where a patient receiving mental health care is unable to fund occasional expenses.
• Re D (A Child) where the Court of Appeal was concerned with the extent to which parents are able to give a valid consent to the confinement of their children in the light of the decision of the Supreme Court in the Cheshire West case.
• Tinsley v Manchester City Council on whether a local authority can have regard to a patient's personal injury award when determining whether to provide after-care services under s.117 of the Act.
• R. v Edwards where the Court of Appeal addressed the "level of misunderstanding" that had arisen following the sentencing guidance in mental health cases that had been provided by the court in R v Vowles.

Legislation

• Amendments made to sections 119, 120 and 145 of the Act by SI 2018/195 are incorporated.

Guidance

• Extracts from Guidance on the restricted patient system published by the Ministry of Justice and HM Prison and Probation Service are reproduced.
• Relevant paragraphs from the 2018 edition of the Department of Health's National Framework for NHS Continuing Healthcare and NHS funded Nursing Care are reproduced in the notes to s.117 of the Act.
• Guidance from the First-tier Tribunal confirming that the responsibility for identifying the location of a tribunal hearing is that of Her Majesty's Courts and Tribunal Service is noted in Part 3.