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Resources > Type: Journal article

Showing below up to 6 results in range #1 to #6.

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Resource Type Sentence Abstract Date
David Hewitt, 'Illegitimate concern' (2013) 157(25) SJ 9 Journal article

Nearest relative of adult

This article argues that the unmarried father of an adult patient is a relative for the purposes of s26, whether or not he had parental responsibility. This seems wrong as the wording of s26 means that for its purposes an unmarried father is not a relative of an adult patient because it is not possible to have parental responsibility for an adult. It may be in future that the the courts are asked to adjudicate on whether or not the situation is compatible with the ECHR, in particular in relation to an unmarried father who used to have parental responsibility.

2013
Gareth Owen et al, 'Advance decision-making in mental health - suggestions for legal reform in England and Wales' (2019) 64 Intl JL & Psychiatry 162 Journal article

Advance decision-making

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."

May 2019
Jonathan Wilson, 'Mental health: update' (Legal Action, April 2016) Journal article

Case law update

Jonathan Wilson looks at decisions on how tribunals should approach unlawfulness, conditional discharge and deprivation of liberty, representatives, withdrawal of tribunal applications, appropriate treatment, guardianship, assessment of risk, and social circumstances reports.

2016-04-01
Jonathan Wilson, 'Mental health: update' (Legal Action, February 2017) Journal article

Case law update

Jonathan Wilson considers cases concerning the legal status of hospital managers’ hearing decisions, anonymity for mental health patients, the provision of reasons for recall to hospital, and the relevance of the European Convention on Human Rights to mental health tribunal decisions.

2017-02-01
Jonathan Wilson, 'Mental health: update' (Legal Action, February 2018) Journal article

Case law update

Jonathan Wilson considers mental health case law relating to capacity, deprivation of liberty, discharge, after-care, and procedural matters.

2018-02-01
Jonathan Wilson, 'Mental health: update' (Legal Action, February 2019) Journal article

Case law update

Jonathan Wilson considers mental health case law from the past year relating to deprivation of liberty in the community, tribunal procedure, detention criteria, pocket money, after-care and other matters.

2019-02-01

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