p. 1348. Mental health
- Jo SamantaJo SamantaEmeritus Professor of Law, De Montfort University
- and Ash SamantaAsh SamantaEmeritus Consultant Physician and Rheumatologist, University Hospitals of Leicester, and Part-Time Lecturer in Law, De Montfort University
This chapter focuses on statutory provisions governing mental health and mental health disorders, with particular reference to the Mental Health Act 1983 and the Mental Capacity Act 2005. It first outlines modern approaches to mental disorders, including legal reforms and the MHA 1983 Code of Practice (2015). It considers the main routes by which patients are admitted to the mental health system (voluntary or involuntary), deprivation of liberty, including Cheshire West and the proposed liberty protection safeguards, and the issue of consent with regards to medical treatment. Finally, the chapter discusses community care that must be provided to people with mental health disorders following discharge from hospital, particularly aftercare and supervised community treatment orders. Relevant cases are considered.