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CASE LAW

 
 

ENGLISH & WELSH CASES

 

Mental Health Law (E&W)

 

76 pages of course notes.  Read only. Pdf format.

 

93 colour powerpoint slides. Read only. Pdf format.

 

 

A course handout for a training day on developments in English and Welsh mental health case law.

91 colour powerpoint slides, which help to summarise the case law in a digestible form. Read only. Pdf format

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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GENERAL NOTE

Parts of the Mental Health (Northern Ireland) Order 1986 are identical to  the corresponding provisions in the English and Welsh Mental Health Act 1983. This is particularly true with the consent to treatment provisions.

Where the law is the same, it is important to check if the superior courts in England and Wales have considered the scope or meaning of particular article. If so, the decision of the English and Welsh court will at the very least have 'persuasive authority'.

Course handouts on English and Welsh mental health law.

The handouts  cover some key aspects of English and Welsh mental health law: treatment and the common law; consent to treatment under the Mental Health Act; leave of absence and absence without leave; hospital transfers; the care programme approach; after-care under section 117; and after-care under supervision.

76 pages of course notes.  Read only. PDF format.  Click the button on the left to download.

 
 

 

 

 

 

 

 

 

 

 

The Human Rights Act 1998 and Mental Health

An English conference paper prepared shortly before the coming into force of the Human Rights Act 1998. The paper summarised the main provisions of the Human Rights Act 1998, and the most significant Convention articles and case law concerning persons of unsound mind, with particular reference to cases involving the UK. It also lists some of the sections of the Mental Health Act 1983 which may infringe the Convention.

Arranged in five sections: §1 Introduction; §2 Human Rights Act 1998; §3 Case law; §4 The Mental Health Act 1983 and the Convention; §5 List of Convention Articles. 24 pages. Read only. (Pdf format. 552kb.)

 

The Human Rights Act 1998

An English powerpoint presentation which takes account of the most important domestic mental health case law between October 2000 (when the 1998 Act came into force) and March 2002. 28 powerpoint slides. Read only. (Pdf format. 287kb.)

Human Rights and Mental Health Video

A Law Society of England & Wales video on mental health and the Human Rights Act 1998, filmed in the summer of 2000 shortly before the coming into force of the Human Rights Act 1998. Chinyere Inyama (Inyama & Co., Mental Health Act Commissioner), Anselm Eldergill, John Wadham (Liberty). Programme 741 LNTV Times Issue 332.

To order this LNTV video, please telephone ++ (0)207 611 7438 or ++ (0)207 611 7422; or email talkback@lawcol.co.uk