12. Legal Responses and Advocacy for Clients
12. Legal Responses and Advocacy for Clients
- Peter BartlettPeter BartlettNottinghamshire Healthcare NHS Trust Professor of Mental Health Law, University of Nottingham
- and Ralph SandlandRalph SandlandAssociate Professor in Law, University of Nottingham
Abstract
This chapter examines whether the law provides adequate mechanisms for those brought under the mental health system to ensure that they are dealt with consistently with the substantive and procedural rules provided by the law, and whether sufficient recompense is available in the event that the standards are not complied with. The discussions cover review tribunals; judicial review; civil and criminal actions; the Mental Health Act (MHA) 1983 and the Deprivation of Liberty Safeguards; criminal prosecutions; civil actions for damages; complaint processes; the appointment of advocates to help people governed by the MHA 1983 and the Mental Capacity Act 2005; and representing people with mental disabilities.
