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Mental Health Tribunals

Law, Practice and Procedure

FROM £70.00

A practical reference for all those appearing before the tribunal

Mental Health Tribunals podcastListen to Jonathan Butler discuss recent developments in mental health tribunals, which he explores in detail in Mental Health Tribunals, Law Practice and Procedure.

Mental Health Tribunals: Law Practice and Procedure is a highly practical reference work for all those appearing before the tribunal and for tribunal members themselves. Detailed explanatory commentary about the organisation, procedure and jurisdiction of the Tribunal is followed by an analysis of Tribunal powers in relation to both non-offender and offender patients.

 This new edition has been methodically revised to take into account the developing procedure of the Tribunal system, the ongoing development of the mental health and mental capacity acts, as well as noting all significant case-law since the previous edition.

 In addition to explanatory commentary, the work will be supplemented by a host of relevant materials including legislation and codes of practice, providing a one-stop-shop for tribunal members and those appearing before the Tribunal.
  • Tribunal Organisation and Composition
  • Tribunal Procedure and Jurisdiction
  • Non-Offender Patients (including all powers of MHRT and limits on powers)
  • Offender Patients (including all powers of MHRT and limits on powers)
  • Supporting Materials (including code(s) of practice, MHRT rules, glossary of medical terms, CPR)
  • Statutory Materials (including Mental Health Act 1983, Mental Capacity Act 2005)
 Read the full contents listing here
REVIEW OF PREVIOUS EDITION

 "a very worthwhile contribution to an important and sensitive subject and will be of real benefit to practitioners and others seeking an understanding of the law and practice"

 
From the Foreword by His Hon Judge Philip Sycamore
 
Chamber President of the First-Tier Tribunal (Health Education and Social Care)
In describing the rationale for this book, I am not able to improve upon the introduction to Mental Health Review Tribunals – Essential Cases (Kris Gledhill, Southside Legal Publishing Ltd, 2nd edn, 2011) where he states:

 ‘The law relating to detention on the basis of mental disorder and the tribunal at the centre of applications for release should be settled and certain, given that it involves deprivation of liberty and a vulnerable population, two factors that make it important that the law be clear.’

 The purpose of this book is to be of use to the entire spectrum of participants (from whichever perspective) who are involved in Mental Health Tribunals. It is intended to provide clear and practical assistance in respect of not only the long-established principles behind Mental Health Tribunals, but also to take the opportunity of covering the changes brought about by the Tribunals Courts and Enforcement Act 2007 and the amendments to the Mental Health Act 1983 (including the new Rules and the new Appellate Tier). If it contributes even in modest measure to clarity on the law and practice, then it will have achieved its objectives.

      Jonathan Butler,
      Deans Court Chambers
      24 St John Street
      Manchester & Preston
      March 2013

This new edition, first produced at a time of significant change in mental health law and practice, with the implementation of both the Mental Health Act 2007 and the Tribunals Courts and Enforcement Act 2007, remains a very welcome addition to the material available to those concerned in the field of mental health law. The author is an experienced practitioner and part-time Tribunal Judge in the Mental Health jurisdiction. He brings a wealth of knowledge and understanding to this work and is to be congratulated on his understanding of the legislation, Rules and Tribunal Structure.

 This is a very worthwhile contribution to an important and sensitive subject and will be of real benefit to practitioners and others seeking an understanding of the law and practice.

      His Honour Judge Phillip Sycamore,
      Chamber President of the First-Tier Tribunal
      (Health Education and Social Care)
      April 2013

Jonathan Butler Barrister, Deans Court Chambers; part-time Tribunal Judge, First-Tier Tribunal (Health Education and Social Care) Mental Health; author of Community Care Law and Local Authority Handbook (Jordans)
Ordinary residence

 11.21 The issue of residence is touched upon in Hall (above) and is a much traversed route in respect of virtually all areas of litigation where a subsidiary branch of the state (that is to say local authority or health care provider) may be obliged to pay for services to a citizen who comes within its geographic jurisdiction. It tends to involve somewhat sterile and technical arguments designed to ensure that someone else pays, or so that an authority is able to manage its budget effectively in a predictable fashion. Almost all such arguments are likely to be determined upon the facts peculiar to the case, but a number of principles have emerged within the context of community care law generally which it is worth considering at this point. With specific reference to MHA 1983, s 117(3) it is enough that the service user is ‘resident’ in the area of the local authority.

 11.22 With specific reference to s 117(3) it is enough that the service user is ‘resident’ in the area of the local authority. However, the issue has been re-visited both in terms of case law, and guidance provided by the Department of Health. In R on the application of Hertfordshire County Council v London Borough of Hammersmith and Fulham and JM (interested party) [2011] EWCA Civ 77, [2011] 14 CCLR 224 the provisions of s 21 of the National Assistance Act 1948 (NAA 1948) and s 117 of the MHA 1983 were considered. In effect, the problem that both local authorities wished to have considered arose out of what happened when (as a matter of fact) it could be argued that the provisions of s 117 were incompatible with the provisions of s 21.

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