Review
of the Operation of ss.135 and 136 of the Mental Health Act 1983 in England and
Wales This article was first published on Lexis®PSL Private Client on 15 April 2014. 1. What
are the key sections of the Mental Health Act 1983 that are being reviewed in
the consultation? The consultation is reviewing
the operation of sections 135 and 136 of the Mental Health Act 1983. This gives
the police powers to temporarily remove people, who appear to be suffering from
a mental disorder and who need urgent care, to a "place of safety" so
that a mental health assessment can be carried out and appropriate arrangements
made for their care. |
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CategoriesCTOs Tribunal MP v Mersey Care NHS Trust [2011] UKUT 107 (AACLegal aid cuts, Reform of legal aid, House of Commons Justice Committee Report Patients' experience of Mental Health Tribunals, Report of Administrative Justice and Tribunal's Qualifications of legal representatives Review of Mental Health Legislation RN v CC (2011) UKUT x (AAC, CTOs S.2, Mental Health Act, Mental Health Law, Tribunal, Application, Tammy Groves,R (Modaresi) v SSH Zombification, Tony Zigmond, Increase in Admissions under the Mental Health Act 1983, CTOs |
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A recent case before the Upper Tier Tribunal suggests that perhaps not all Tribunalsdolove CTOs (community treatment orders).
When CTOs first came out, I was involved in a few cases where Tribunals foolishly ordered a deferred discharge of a patient who was detained on s.3 of the Mental Health Act 1983, with the express intent that this was to facilitate the patient being made subject to a CTO instead. What the Tribunal had failed to grasp that a CTO is dependent on a S.3 being in existence - the s.3 goes “dormant” when the CTO is implemented, and can spring back into existence if the CTO is revoked. Accordingly at the time that the deferred discharge becomes effective, any CTO that has been put in place by that date is automatically discharged too.
This is the
Today the
"
Well, I figured it was high time I joined the growing army of Bloggers, so here it is, the Mental Health Law Blog! The title gives a generous clue to what makes this different from other Blogs - the focus is on mental health, and in particular mental health law. Mental health law tends to be the “poor relation” in the legal field; it’s not particularly sexy, when it hits the newspapers it is rarely in a good way, and those at the receiving end of it do not tend to have much of a voice.
