Mentalhealthlaw.co.uk

Summary of the detaining sections

This is the long-term civil section. An AMHP makes an application for admission, based on the recommendations of two medical practitioners. The initial period for which detention is … See more

Actived: 7 days ago

URL: https://www.mentalhealthlaw.co.uk/Summary_of_the_detaining_sections

Interface between MHA and MCA

WEBInterface between MHA and MCA. This page very briefly introduces the Mental Capacity Act 2005 (MCA), and discusses its application firstly to medical treatment, then to deprivation of liberty. Even if a tribunal representative does not carry out Court of Protection work, a familiarity with the Mental Capacity Act 2005 is essential.

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The ECHR and mental health law

WEBThe ECHR and mental health law. The Convention for the Protection of Human Rights and Fundamental Freedoms, otherwise known as the European Convention on Human Rights, was ratified by the UK in 1951 and came into force in 1953. The right of citizens to petition the court was introduced in the UK in 1966, and the Convention was incorporated into

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Section 3: admission for treatment

WEBThe initial period for which detention is authorised is six months, but it can be renewed by the RC (in conjunction with another professional) for a further six months, then for further periods of 12 months. The criteria for admission are set out in s3 (2): (a) he is suffering from mental disorder of a nature or degree which makes it

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International Journal of Mental Health and Capacity Law

WEBThe Journal of Mental Health Law has been relaunched as the International Journal of Mental Health and Capacity Law. It is an open-access online journal hosted by the University of Northumbria. The editor-in-chief is Kris Gledhill. On the Northumbria Journals website it is now possible to view back issues of the JMHL, in addition to the IJMHCL

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Mental Health Act 1983 Overview

WEBThe full text of the Act is available here: Mental Health Act 1983 . This overview page should be useful for trainee solicitors and paralegals in obtaining a basic knowledge of the Act. Some of the minutiae are glossed over in this overview, for simplicity’s sake: see the main articles for further details.

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Mental Health Act 2007 Overview

WEBSee the individual pages below for details of which MHA 1983 sections are affected by each Commencement Order. Mental Health Act 2007 (Commencement No. 1) Order 2007 The provisions around NHS Foundation Trusts (section 45 MHA 2007) came into force on 24/7/07. Mental Health Act 2007 (Commencement No. 2) Order 2007 1/10/07 - fixing …

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Section 2: admission for assessment

WEBOtherwise, the section lapses at midnight on the 28th day (e.g. if the section began on a Sunday, it will expire at midnight on a Saturday/Sunday). The criteria for admission under s2 are: (a) he is suffering from mental disorder of a nature or degree which warrants the detention of the patient in a hospital for assessment (or for assessment

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Care Programme Approach

WEBThe Care Programme Approach (CPA) was introduced in 1990 to provide a framework for effective mental health care for people with severe mental health problems. Its four main elements were: systematic arrangements for assessing the health and social needs of people accepted into specialist mental health services; the formation of a care plan

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Mental Health Act 1983

WEB29 Detention and SCT: renewal, extension and discharge 260 30 Functions of hospital managers 268 31 Hospital managers’ discharge power 279 32 The Tribunal 290 33 Patients concerned with criminal proceedings 298 34 People with learning disabilities or autistic spectrum disorders 307 35 People with personality disorders 321 36 Children and young …

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Section 37/41: hospital order with restrictions

WEBHearings in restricted cases tend to take about 10-12 weeks after the tribunal application. The Gov.uk website says "You’ll usually get a hearing within 4 months".. Conditional discharge. The routes to a conditional discharge (or deferred conditional discharge) are discussed below, together with a description of the regime under which the patient will …

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Sections 47, 48 and 49: transferred prisoners

WEBThe s47 and s48 transfer powers. A sentenced prisoner can be transferred to hospital by the Secretary of State under s47 if the criteria in s47 (1) are met: (a) that the said person is suffering from mental disorder; and. (b) that the mental disorder from which that person is suffering is of a nature or degree which makes it appropriate for him

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R (Sessay) v South London and Maudsley NHS

WEBThe police entered the claimant's private accommodation, unaccompanied and without a s135 warrant, purporting to be acting under ss5-6 MCA 2005 in her best interests; she was taken to hospital and, after a 13-hour delay in the s136 suite, detained under s2 MHA 1983. (1) Sections 135 and 136 MHA 1983 are the exclusive powers …

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Mental Health (Discrimination) Act 2013

WEBThis Act: (1) repeals, from 28/4/13, s141 MHA 1983 so that the seat of an MP is no longer vacated upon long-term detention under the Act; (2) amends, from 15/7/2013, the Juries Act 1974 in relation to qualification for jury service based on mental health (see jury service page for current provisions); (3) amends, from 28/4/13, the Companies

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Contact : Lakeside Mental Health Unit

WEBMHA Office: MHAO 02084831416. [email protected]. [email protected]. Ward managers hold details of benefits. Wards: Kestrel Ward 020 8483 1453. Kingfisher Ward 020 8483 1431 [Male Ward - Upstairs] Finch Ward 020 8483 1437 [Female Ward]

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R (M) v Secretary of State for Health [2003] EWHC 1094 (Admin)

WEBR (M) v Secretary of State for Health [2003] EWHC 1094 (Admin) Sections 26 and 29 incompatible with Article 8.

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