A Clinician's Brief Guide to Children's Mental Health Law.
This book covers the relevant aspects of the Human Rights Act 1998, the Mental Capacity Act 2005, the Mental Health Act as amended in 2007 and the Children Act 1989 as amended in 2004. It draws on many examples from case law.
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| Online Access: |
Full Text (via Cambridge) |
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| Format: | Electronic eBook |
| Language: | English |
| Published: |
London :
Royal College of Psychiatrists,
2016.
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Table of Contents:
- Cover; Title Page; Copyright Page; Contents; Foreword by Sir James Munby; Acknowledgements; List of cases; Common abbreviations and terms; 1 Introducing child mental health and the law; Summary of major developments; The state of mental health services and the role of the CQC; The structure of the court system in England and Wales prior to 2014; The structure of the court system in England and Wales after 2014; The state of the family justice system; The scope of the book; Notes on individual chapters; 2 The rights of the child; Convention articles; So what is a deprivation of liberty now?
- From Europe to the United NationsConclusion; 3 The Children Act 1989 and the 2004 amendments; An overview of the Children Act 1989; Part I: introductory; Part II, section 8: residence, contact and other orders; Part III: the child in need; Part IV, section 31: care and supervision; Part V: child protection; What amendments did the 2004 Act bring in?; Why might a child be assessed under the Children Act?; Conclusion; 4 Consent to treatment; What if valid consent is not given?; What is consent needed for?; What are the forms of consent?; What is informed consent?; The Montgomery case.
- Consent by proxyThe scope of parental responsibility; Historical background: the Family Law Reform Act, Gillick and the refusal cases; Professional guidelines; So, when to involve the court?; Decisions about admission and treatment; Conclusion; 5 Confidentiality; First, what is meant by confidential patient information?; What does the GMC say about confidentiality and young people?; And the Department of Health?; Confidentiality in Gillick and Axon; Disclosing confidential information; What exactly is meant by disclosures in the public interest?
- And finally for the record: access to health information about young peopleConclusion; 6 The Mental Health Act; What are the main amendments of the MHA 2007 specific to children and young people?; Principles, process and people; Treatments; The MHA sections in practice; Conclusion; 7 The Mental Capacity Act; A note on the MCA Code of Practice; The MCA and relevant sections; The assessment of capacity: its contemporary legal origins; Application of the MCA to young people aged 16 and 17; Some notes on the relationship between the MHA and the MCA; Conclusion; 8 Juvenile justice.
- The overnight detention of young people in custodyWhat about human rights and UN Conventions?; Secure accommodation; A note on the use of control and restraint; The age of criminal responsibility; What about very young offenders?; The police interview; Detained with a mental disorder without charge; A fair trial?; Fitness to plead and stand trial; Sentencing; Youth detention accommodation; The forensic sections of the Mental Health Act; Conclusion; References; Index.