Mental Health & The Law

Please note this article relates only to English and Welsh law.

Find a solicitor using the Law Society tool ...

Wales http://www.lawsociety.org.uk/choosingandusing/findasolicitor/action=lawfirmsearch.law?startrow=1&COUNTRY=WALES&AREA=P:Mental

A list of the sections of the mental health act by section number and description can be found at http://www.hyperguide.co.uk/mha/contents.htm. This site gives a brief run through of what the mental health act implies.

In brief ...

Section 1 Scope of the Act, and Definitions.Section 2 Admission to Hospital for Assessment.Section 3 Admission to Hospital for Treatment.Section 4 Emergency Admission to Hospital.Section 5 Holding Power which can be exercised by a Doctor [Section 5(2)] or Nurse [Section 5(4)].Section 7 Admission to Guardianship.Section 8 Effect of Guardianship.Section 12 Approved Doctors and Medical Recommendations.Section 17 Planned / Authorised Leave.Section 18 Unauthorised Absence, and Returning.Section 19 Transfers between Hospitals and/or Guardianship.Section 20 Renewal of a Period of Detention in Hospital.Section 21 Returning from Unauthorised Absence.Section 23 Discharge from Detention or Guardianship.Section 25 Restriction of Nearest Relative's Power to Discharge.Section 26 Definition of Nearest Relative.Section 29 Appointment of Acting Nearest Relative by a Court.Section 34 Definition of Responsible Medical Officer.Section 35 Remand by a Court, for Reports.Section 36 Remand by a Court, for Treatment.Section 37 Hospital (or Guardianship) Order made by a Court.Section 38 Interim Hospital Order made by a Court.Section 41 Restriction Orders.Section 42 Conditional Discharge of people subject to Restriction Orders, by the Home Office.Section 47. Transfer of Prisoners to Hospital for Treatment.Section 48. Transfer of People in Prison on Remand, to Hospital for Treatment.Section 49. Restriction on Discharge, following Transfer from Prison to Hospital.Section 56 Scope of Consent to Treatment Provisions.Section 57 Treatment requiring Consent and a Second Opinion.Section 58 Treatment requiring Consent or a Second Opinion.Section 61 Review of Treatment.Section 62 Urgent Treatment.Section 63 Treatment for Mental Disorder which is not covered by Sections 57 and 58.Section 66 Applications to the Mental Health Review Tribunal: General.Section 69 Applications to the Mental Health Review Tribunal: Where a Hospital Order or Guardianship Order is in Place.Section 72 The Mental Health Review Tribunal's Powers and Duties to Discharge.Section 73 The Mental Health Review Tribunal and Restricted Patients.Section 73 Conditional Discharge of people subject to Restriction Orders, by the Mental Health Review Tribunal.Section 74 The Mental Health Review Tribunal's Powers in relation to people subject to Restriction Directions.Section 75 Appeals to the Mental Health Review Tribunal by Conditionally Discharged Patients.Sections 93 to 113 The Management of the Financial Affairs of People with a Mental Disorder.Section 114 Appointment of Approved Social Workers.Section 117 Aftercare Arrangements.Section 118 Requirement that the Secretary of State publishes a Code of Practice.Section 121 Mental Health Act Commission's Duty to consider Appeals against the Withholding of CorrespondenceSection 134 Withholding of Correspondence.Section 135 Power to enter Premises and take someone to a Place of Safety.Section 136 Removal of People from Public Places by the Police.

A detailed guide to the Mental Health Act can be found at http://www.wikimentalhealth.co.uk/Mental_Health_Act_2007_Overview