General information

This section contains general articles to explain the concepts and terminology used in the caselaw and legislation sections, and practical guidance for lawyers (especially trainees).

Sources of information

Resources

This category contains articles with links to and information on various useful external resources. The page Key sources of information sets out some of the most important. See also Category:Organisations.

Organisations

This category contains pages relating to various organisations relating to mental health law or practice. See also Category:Resources

Administrative Justice and Tribunals Council

All Party Parliamentary Group on Legal Aid

Bailii

Care and Social Services Inspectorate Wales

Care Services Improvement Partnership

Commission for Social Care Inspection

Court of Protection User Group

Crown Prosecution Service

Department of Health

European Union Agency for Fundamental Rights

Family Law Week

General Medical Council

Health Professions Council

Healthcare Commission

Healthcare Inspectorate Wales

House of Lords

House of Lords Select Committee on the Mental Capacity Act 2005

HUDOC

Incorporated Council of Law Reporting

Intro to mental health law

Law Commission

Law Society

Law Society mental capacity (welfare) accreditation scheme

Law Society mental health accreditation scheme

Legal Ombudsman

Legislation.gov.uk

MAPPA

Mental Health Act Commission

Mental Health Lawyers Association

Mind (Charity)

Ministry of Justice

National Confidential Inquiry into Suicide and Homicide by People with Mental Illness

National Mental Health Development Unit

National Policing Improvement Agency

Office of Fair Trading

Office of Public Sector Information

Parole Board

PPMHG

Royal College of Psychiatrists

Statute Law Database

Venice Commission

Legal Aid

This category contains pages relating to the Legal Aid system in England and Wales. The main page is Legal Aid.

Intro to mental health law

Legal Aid

Legal Aid forms

Legal Aid News archive

Non-means-tested non-tribunal matters

Peer review

Transaction criteria

Mental Health Act 1983

Types of patient

This category contains pages relating to various types of patient. See also Category:Types of detention for other ways of classifying patients.

Intro to mental health law

Restricted patient

Technical lifer status

Unrestricted patient

Types of detention

This category contains pages about various different types of detention. The main page is All types of detention, which provides links to sections of the MHA 1983 relevant to all the detention provisions.

All types of detention

Admission for assessment

Admission for treatment

Admission order

Emergency admission for assessment

Hospital direction

Hospital order

Interim hospital order

Intro to mental health law

Limitation direction

Notional s37

Restricted hospital order

Restricted transfer direction

Restriction direction

Restriction order

Summary of the detaining sections

Transfer direction

Routes to discharge

This category contains pages relating to the various routes to discharge: the main page is Summary of routes to discharge. It also contains pages about when applications and references can or must be made to the Tribunal. Not all routes to discharge apply to all types of patient. Unrestricted patients have the following routes to discharge: Mental Health Tribunal; Hospital Managers' Hearing; Responsible Clinician; Nearest Relative. Restricted patients have the following routes to discharge: Mental Health Tribunal; Ministry of Justice.

Barring order

Dangerousness criterion

Eligibility periods

Hospital Managers' Hearing

Intro to mental health law

Mandatory and discretionary references

Mental Health Review Tribunal for Wales

Mental Health Tribunal

Ministry of Justice

Nearest relative

Responsible Clinician

Responsible Medical Officer

Summary of routes to discharge

Upper Tribunal

Types of discharge

This category contains pages relating to the various types discharge: the main page is Summary of types of discharge. Not all types of discharge apply to all types of patient. See Category:Routes to discharge for details of who can grant discharge.

Restricted patients have the following options: Absolute discharge; Conditional discharge; Deferred conditional discharge.

Unrestricted patients have the following options: (Complete) discharge; Deferred discharge; Community Treatment Order.

Separate considerations apply to restricted transferred prisoners.

Absolute discharge

Community Treatment Order

Conditional discharge

Deferred conditional discharge

Deferred discharge

Deferred discharge of unrestricted patient

Discharge of transferred prisoners

Full discharge of unrestricted patient

Intro to mental health law

Summary of types of discharge

Supervised discharge

Changes made by MHA 2007

This category contains articles about the various changes made by the Mental Health Act 2007, most of which came into force on 3/11/08. It is a sub-category of Category:Mental Health Act 2007.

16- or 17-year-old with capacity cannot be detained on basis of parental consent

Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)

Additional safeguards for ECT introduced in new s58A

Appropriate treatment test replaces treatability test and applies to all patients under long-term detention

Approved Mental Health Professional replaces Approved Social Worker

Automatic reference scheme under s68 changed

Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005

Civil partners are treated as if married when determining nearest relative

Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT

Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients

Fundamental principles set out in Act and included in Code of Practice

Higher penalties for offences under Act

Hospital direction patients can no longer apply to Tribunal during first six months

Hospital directions under s45A apply to any mental disorder

Legal status of Code of Practice set out in Act

Limitation to the exceptions to the duty to instruct IMCA

Mental disorder no longer split into separate classifications

Minor drafting error in MCA 2005 corrected

New cross-border arrangements for leave and transfer

New definition of medical treatment

New Independent Mental Health Advocate scheme

New procedure for renewal of detention

New regulations on conflicts of interest

New requirements for age-appropriate accommodation for children

NHS Foundation Trusts discharge power problem remedied

Organisation of Mental Health Review Tribunal changed

Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability

Patients can be transferred between places of safety under s135 and s136

Procedure for making of instruments by Welsh Ministers set out

Reference to Local Health Boards inserted into Act

Responsible Clinician/Approved Clinician replaces Responsible Medical Officer

Restriction orders can no longer be time-limited

SOAD certificate becomes invalid when patient loses or gains capacity

Some exclusions to definition of mental disorder have been removed

Supervised Community Treatment replaces Supervised Discharge

Transitional provisions until full implementation of MHA 2007

Treatment while under SCT is covered by new Part 4A

Mental Capacity Act 2005

This category contains pages relating to the provisions introduced by the Mental Capacity Act 2005.

Advance decision

Court of Protection

Court of Protection forms

Court of Protection Guidance: Applications to the Court of Protection in relation to tenancy agreements

Court of Protection Practice Directions

Deprivation of Liberty Safeguards

Enduring Power of Attorney

Guidance in cases involving protected parties in which the Official Solicitor is being invited to act as guardian ad litem or litigation friend

Independent Mental Capacity Advocate service

Lasting Power of Attorney

MCA Update emails

Office of the Public Guardian

Official Solicitor

Practice Guidance: Committal for Contempt of Court [2013] EWHC B4 (COP)

Practice Guidance: Committal for Contempt of Court (Supplemental) [2013] EWHC B7 (COP)

Other jurisdictions

Although Mental Health Law Online is about mental health law in England & Wales, this category groups together pages about other jurisdictions. The main pages are Northern Ireland, Scotland and Southern Ireland.

Northern Ireland‎ (1 categories, 8 pages)

Scotland‎ (1 categories, 23 pages)

Southern Ireland‎ (1 categories, 1 pages)

Wales‎ (1 categories, 3 pages)