Barristers! Get some last-minute CPD here: CPD scheme :-)
Magic Book | Email updates | Email discussion list | Online updates | Case law | CPD scheme | Books | Jobs | Events

Special

Drilldown: Resources

Resources > Type : Article or Journal article or Tribunal_guidance

Showing below up to 7 results in range #1 to #7.

View (previous 250 | next 250) (20 | 50 | 100 | 250 | 500)

Resource Abstract
Claire Tyler, 'The stormy passage of the Mental Capacity (Amendment) Bill' (The House Magazine, 2/5/19) In this article Baroness Tyler summarises the history of this legislation, concluding that "much relies on what will be set out in the Code of Practice and in secondary legislation, which will be vital in determining how the new system will work, including the vexed issue of a definition of what does and doesn’t constitute a deprivation of liberty" and that "without proper funding[,] staff resources and training it will fail in practice".
Gareth Owen et al, 'Advance decision-making in mental health - suggestions for legal reform in England and Wales' (2019) 64 Intl JL & Psychiatry 162 Publisher's abstract: "This paper argues that existing English and Welsh mental health legislation (The Mental Health Act 1983 (MHA)) should be changed to make provision for advance decision-making (ADM) within statute and makes detailed recommendations as to what should constitute this statutory provision. The recommendations seek to enable a culture change in relation to written statements made with capacity such that they are developed within mental health services and involve joint working on mental health requests as well as potential refusals. In formulating our recommendations, we consider the historical background of ADM, similarities and differences between physical and mental health, a taxonomy of ADM, the evidence base for mental health ADM, the ethics of ADM, the necessity for statutory ADM and the possibility of capacity based ‘fusion’ law on ADM. It is argued that the introduction of mental health ADM into the MHA will provide clarity within what has become a confusing area and will enable and promote the development and realisation of ADM as a form of self-determination. The paper originated as a report commissioned by, and submitted to, the UK Government’s 2018 Independent Review of the Mental Health Act 1983."
Richard Jones, 'Response to MHA Review (1): Removing the distinction between s2 and s3' (8/12/18) This article discusses the fact that the MHA Review does not recommend merging s2 and s3.
Richard Jones, 'Response to MHA Review (2): Managers' hearings' (10/12/18) This article considers the MHA Review's recommendations in relation to hospital managers' hearings.
Richard Jones, 'Response to MHA Review (3): Jurisdiction of the First-tier Tribunal' (28/12/18) This article considers the MHA Review's recommendations in relation to the Mental Health Tribunal.
Richard Jones, 'Response to MHA Review (4): Bureaucratic burdens' (14/1/19) This article argues that the MHA Review's recommendations would lead to an unnecessary increase in bureaucracy.
Richard Jones, 'Response to MHA Review (5): MHA or MCA?' (29/1/19) This article argues against the MHA Review's recommendation that patients who lack capacity to consent to admission or treatment for mental disorder, but who are clearly not objecting, should only be detained under the MCA.

View (previous 250 | next 250) (20 | 50 | 100 | 250 | 500)