Mental Health Act Manual

Among the new developments incorporated in the 16th edition are:

• Significant amendments made to the Act and its associated Regulations by the Health and Social Care Act 2012
• Amendments made to the Tribunal Rules by the Tribunal Procedure (Amendment) Rules 2013
• The enactment of the Mental Health (Approval Functions) Act 2012
• The Secretary of State’s “Mental Health Act 1983 - Instructions with respect to the exercise of Approval Functions  2013”
• The Secretary of State's High Security Psychiatric Services (Arrangements for Safety and Security) Directions 2013
• The reproduction of extracts from the guidance note on the “Role of the Independent Mental Health Advocate (IMHA) in First-tier Tribunal (Mental Health) hearings”, and the revised guidance on s.17 leave published by the Ministry of Justice
• Coverage of the decisions of the European Court of Human Rights in Munjaz v United Kingdom and X v Finland
• Notes on “The detention of children under Brussels II Revised” in s.131 and “The power to control the activities of detained patients” in s.139.
• Consideration of a number of decisions of the High Court including:
  - R. (on the application of Sunderland City Council) v South Tyneside Council on the meaning of “resident” in s.117
  - R. (on the application of L) v West London Mental Health NHS Trust on the engagement of the common law duty of fairness when a detained patient is transferred to a high security hospital
  - EC v Birmingham and Solihull Mental Health NHS Trust on a patient’s right to have a request for an extra-statutory recommendation heard by the tribunal
• Analysis of a large number of decisions of the Upper Tribunal relating to the operation of the First-tier Tribunal (Mental Health)