内容

目次

Introduction: The story so far 1. Informality and Intervention: The Basics Out of mind and out of sight Informal admission to hospital Common law necessity and the Bournewood gap The deprivation of liberty safeguards (DoLS) In-patients’ detention under section 5 of the Mental Health Act An outline of the other Mental Health Act powers An outline of the Mental Capacity Act powers Hospitals, homes and managers The Codes of Practice 2. Mental Disorder, Mental Capacity and the Grounds for Intervention Psychiatry is a problem Classifying the mental disorders “Mental disorder” after the 2007 Act The exclusions from “mental disorder” in the Mental Health Act The additional criteria for compulsion under the Mental Health Act The concepts in the Mental Health Act Commentary 3. Professionals and Families Patients and paupers Approved mental health professionals The patient’s family Child patients, their families and local authorities Doctors and approved clinicians under the Mental Health Act Conflicts of interest under the Mental Health Act Mental Capacity Act assessors Commentary 4. The Machinery for Detaining People What is left of the common law? Gaining access Admission for assessment under the Mental Health Act Admission for treatment under the Mental Health Act Scrutiny and rectification of Mental Health Act documents Deprivation of liberty under the Mental Health Act The National Assistance Act procedures Commentary 5. Mentally Disordered Offenders Police and prosecution Procedure before trial Mental disorder as a defence Sentencing Commentary 6. Treatment and Care Treatment outside the Mental Health Act Treatment under the Mental Health Act Management and control Patients’ rights to information and contact Advocacy Research The Care Quality Commission 7. Moving Out and Moving On Planning and after-care Leave of absence Community treatment orders Transfers between hospitals and into guardianship Discharge Absconders and escapers Subsequent court orders Commentary 8. Tribunals and Courts The Tribunal The Court of Protection The Family Division of the High Court The Administrative Court Commentary 9. Community Care Community care services Assessment and entitlement Children’s services Protection from abuse and exploitation Mental Health Community powers The Mental Capacity Act in the community Commentary 10. Legal Capacity and Legal Rights Rights of citizenship Family life Wills and other gifts Contracts with suppliers, employers and others Proxy decision-makers The Court of Protection Criminal and civil proceedings Commentary