Buch, Englisch
ISBN: 978-0-414-03464-8
Verlag: Sweet & Maxwell
Among the developments incorporated in the 17th edition are:
Case Law
- P v Cheshire West and Chester Council on the meaning of a “deprivation of liberty”
- AM v South London & Maudsley NHS Foundation Trust on whether the Mental Health Act or the Mental Capacity Act should be used in respect of a compliant mentally incapacitated patient who is being deprived of his liberty
- Bostridge v Oxleas NHS Foundation Trust on the payment of nominal damages for an unlawful detention
- TW v Enfield Borough Council on whether it is “reasonably practicable” for an AMHP to consult with the patient’s nearest relative
- R. (on the application of L) v West London Mental Health NHS Trust on the need to comply with the requirements of procedural fairness where a detained patient is being considered for transfer from conditions of medium security to conditions of high security
- R (on the application of Cornwall Council) v Secretary of State for Health on the determination of a person’s place of ordinary residence
- R. (on the application of Lee-Hirons) v Secretary of State for Justice on the need to inform a conditionally discharged patient of the reasons for his recall to hospital
- A NHS Trust v Dr A on the use of the inherent jurisdiction to authorise the force feeding of a detained patient
- R. (on the application of Wiltshire Council) v Hertfordshire County Council on the identity of the responsible local authority for the purposes of provision of after-care
- MH v United Kingdom on the failure to provide a means for a mentally incapacitated patient to bring proceedings to challenge a detention for assessment
- Nottinghamshire Healthcare NHS Trust v RC on whether the provision of a blood transfusion to a detained patient who had self-harmed could be authorised under Part 4 of the Act
Legislation
- Amendments to the Act made by the Children and Families Act 2014 and the Crime and Courts Act 2013
- Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules made by the Tribunal Procedure (Amendment) Rules 2014
- Inclusion of the Tribunal Practice Direction on Statements and Reports in Mental Health Cases, and the Secretary of State’s “Instructions with respect to the exercise of Approval Functions 2014”
- Consideration of the provisions of the Marriage (Same Sex Couples) Act 2103 for the purposes of identifying the patient’s nearest relative
Summary
- Written in a clear, practical style, designed to be accessible to both the medical and legal profession
- User-friendly style: primary and secondary legislation is annotated in the Parts with the analysis of important contextual aspects of mental health law located in the Annexes
- Readers benefit from the expertise and advice of one of the most highly respected individuals in the field
Jones
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Case Law
- P v Cheshire West and Chester Council on the meaning of a “deprivation of liberty”
- AM v South London & Maudsley NHS Foundation Trust on whether the Mental Health Act or the Mental Capacity Act should be used in respect of a compliant mentally incapacitated patient who is being deprived of his liberty
- Bostridge v Oxleas NHS Foundation Trust on the payment of nominal damages for an unlawful detention
- TW v Enfield Borough Council on whether it is “reasonably practicable” for an AMHP to consult with the patient’s nearest relative
- R. (on the application of L) v West London Mental Health NHS Trust on the need to comply with the requirements of procedural fairness where a detained patient is being considered for transfer from conditions of medium security to conditions of high security
- R (on the application of Cornwall Council) v Secretary of State for Health on the determination of a person’s place of ordinary residence
- R. (on the application of Lee-Hirons) v Secretary of State for Justice on the need to inform a conditionally discharged patient of the reasons for his recall to hospital
- A NHS Trust v Dr A on the use of the inherent jurisdiction to authorise the force feeding of a detained patient
- R. (on the application of Wiltshire Council) v Hertfordshire County Council on the identity of the responsible local authority for the purposes of provision of after-care
- MH v United Kingdom on the failure to provide a means for a mentally incapacitated patient to bring proceedings to challenge a detention for assessment
- Nottinghamshire Healthcare NHS Trust v RC on whether the provision of a blood transfusion to a detained patient who had self-harmed could be authorised under Part 4 of the Act
Legislation
- Amendments to the Act made by the Children and Families Act 2014 and the Crime and Courts Act 2013
- Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules made by the Tribunal Procedure (Amendment) Rules 2014
- Inclusion of the Tribunal Practice Direction on Statements and Reports in Mental Health Cases, and the Secretary of State’s “Instructions with respect to the exercise of Approval Functions 2014”
- Consideration of the provisions of the Marriage (Same Sex Couples) Act 2103 for the purposes of identifying the patient’s nearest relative
Summary
- Written in a clear, practical style, designed to be accessible to both the medical and legal profession
- User-friendly style: primary and secondary legislation is annotated in the Parts with the analysis of important contextual aspects of mental health law located in the Annexes
- Readers benefit from the expertise and advice of one of the most highly respected individuals in the field
Autoren/Hrsg.
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