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References

Published online by Cambridge University Press:  03 June 2022

Tony Zigmond
Affiliation:
Consultant General Adult Psychiatrist, RCPsych Lead on Mental Health Law
Nick Brindle
Affiliation:
Consultant Old Age Psychiatrist, Leeds and York Partnership NHS Foundation Trust
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Publisher: Cambridge University Press
Print publication year: 2022

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References

Primary Sources

Department of Health, Code of Practice: Mental Health Act 1983 (The Stationery Office, 2015).Google Scholar
Welsh Assembly Government, Mental Health Act 1983: Code of Practice for Wales (The Stationery Office, 2016).Google Scholar
Department for Constitutional Affairs, Mental Capacity Act 2005: Code of Practice (The Stationery Office, 2007).Google Scholar
Ministry of Justice, Mental Capacity Act 2005: Deprivation of Liberty Safeguards. Code of Practice to Supplement the Main Mental Capacity Act 2005 Code of Practice (The Stationery Office, 2008).Google Scholar
Department of Health, Reference Guide to the Mental Health Act 1983 (The Stationery Office, 2015).Google Scholar
Secretary of State for Health, Mental Health Act 1983: Instructions with Respect to the Exercise of Approval Functions 2014 (Department of Health, 2014).Google Scholar
Statutory Instruments 2008 No. 2699 (L. 16): The Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (The Stationery Office).Google Scholar
Re. F (Mental Health Sterilisation) [1990] 2 AC 1 HL.Google Scholar
R. (on the application of Lee-Hirons) v. Secretary of State for Justice (on the application of Wooder) v. Feggetter [2002] All ER (D) 243.Google Scholar
Black v. Forsey [1988] SC (HL) 28.Google Scholar
Devon County Council v. Hawkins [1967] 2 QB 26; 1 All ER 235.Google Scholar
B v. Croydon Health Authority [1995] 1 All ER 683.Google Scholar
R. v. Hallstrom [1986] 2 All ER 306.Google Scholar
B v. Barking, Havering and Brentwood Community Healthcare NHS Trust (1999) 47 BMLR 112.Google Scholar
R. (on the application of DR) v. Mersey Care NHS Trust (2002) EWHC 1810.Google Scholar
KL v. Somerset Partnership NHS Foundation Trust [2011] UKUT 233 (AAC).Google Scholar
SL v. Ludlow Street Healthcare (2015) UKUT 398 (AAC).Google Scholar
Statement on Article 14 of the Convention on the Rights of Persons with Disabilities, September 2014, www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15183.Google Scholar
Committee on the Rights of Persons with Disabilities: Concluding observations on the initial report of the United Kingdom of Great Britain and Northern Ireland, October 2017.Google Scholar
The United Kingdom Government Response to the Report by the United Nations Committee on the Rights of Persons with Disabilities under article 6 of the Optional Protocol to the Convention, June 2018.Google Scholar
Zigmond, A. S., ‘Medical Incapacity Act’, Psychiatric Bulletin, 22 (1998), 657–8.CrossRefGoogle Scholar

Secondary Sources

Statutory Instruments 2001 No. 3712: The Mental Health Act 1983 (Remedial) Order 2001: Mental Health, England and Wales (The Stationery Office).Google Scholar
Fernandes de Oliveira v. Portugal [2019] ECHR App. No. 78103/14.Google Scholar
Savage v. South Essex Partnership NHS Foundation Trust [2010] EWHC 865 (QB).Google Scholar
Rabone and another (Appellants) v. Pennine Care NHS Foundation Trust (Respondent) [2012] UKSC 2.Google Scholar
Osman v. UK (2000) 29 EHRR 245.3.0.CO;2-R>CrossRefGoogle Scholar
Aftanache v. Romania [2020] ECHR 339.Google Scholar
Savage (n. 3 above).Google Scholar
Rabone (n. 4 above).Google Scholar
Szmukler, G., Richardson, G. and Owen, G., ‘ “Rabone” and Four Unresolved Problems in Mental Health Law’, Psychiatrist, 37 (2013), 297301.CrossRefGoogle Scholar
Fernandes de Oliveira (n. 2 above).Google Scholar
Re. A (Children) (conjoined twins) [2000] 4 All ER 961.Google Scholar
Jalloh v. Germany 2006 EHRR 667.Google Scholar
Herczegfalvy v. Austria (A/242-B) (1993) 15 EHRR 437, ECHR.Google Scholar
JK v. A Local Health Board [2019] EWHC 67 (Fam).Google Scholar
Keenan v. UK (2001) 33 EHRR 913.CrossRefGoogle Scholar
MS v. UK 24527/08 [2012] ECHR 804.Google Scholar
HL v. UK (45508/99) (2005) 40 EHRR 32; (2004) MHLR 236, ECHR.Google Scholar
Winterwerp v. The Netherlands (1979) 2 EHRR 387.Google Scholar
R. (on the application of MH) v. Secretary of State for Health [2005] UKHL 60.Google Scholar
MH v. UK – 11577/06 – Chamber Judgment [2013] ECHR 1008.Google Scholar
R (OK) v. FTT [2017] UKUT 22 (AAC).Google Scholar
London Borough of Hillingdon v. Neary and another [2011] EWHC 1377 (COP).Google Scholar
R. (G) v. Nottinghamshire Healthcare NHS Trust [2008] EWHC 1096.Google Scholar
R. (on the application of B) v. (1) Dr SS Responsible Medical Officer, Broadmoor Hospital (2) Dr G Second Opinion Appointed Doctor (3) Secretary of State for the Department of Health [2005] EWHC 1936 (Admin).Google Scholar
AG v. BMBC and another [2016] EWCOP 37.Google Scholar
An NHS Trust v. XB [2020] EWCOP 71.Google Scholar
Storck v. Germany – 61603/00 [2005] ECHR 406.Google Scholar
Savage (n. 3 above).Google Scholar
Re. B (Adult: Refusal of Medical Treatment) [2002] 2 All ER 449.Google Scholar
Sidaway v. Board of Governors of the Bethlem Royal Hospital [1985] 1 All ER 643.Google Scholar
Heart of England NHS Foundation Trust v. JB [2014] EWHC 342 (COP).Google Scholar
Chatterton v. Gerson [1981] 1 All ER 257.Google Scholar
General Medical Council, Guidance of Professional Standards and Ethics for Doctors: Decision Making and Consent (2020).Google Scholar
Bolam v. Friern Hospital Management Committee [1957] 1 WLR 583, 587.Google Scholar
Bolitho v. City and Hackney HA [1997] 4 All ER 771.Google Scholar
Montgomery v. Lanarkshire Health Board [2015] UKSC 11.Google Scholar
Re. R (A Minor) (Wardship: Medical Treatment) [1992] Fam 11; [1991] 4 All ER 177, CA.Google Scholar
Practice Direction First-Tier Tribunal Health and Social Care Chamber Statements and Reports in Mental Health Cases 2013.Google Scholar
Ruck, K. A. and Auckland, C., ‘More Presumptions Please? Wishes, Feelings and Best Interest Decision-Making’, Elder Law Journal (2015), 293–301.Google Scholar
X Primary Care Trust v. XB and another [2012] EWHC 1390 (Fam).Google Scholar
Cheshire West and Chester Council v. P (2014) UKSC 19.Google Scholar
ZH (by his Litigation Friend) v. Metropolitan Police Commissioner [2012] All ER (D) 134.Google Scholar
HL v. United Kingdom (45508/99) (2005) 40 EHRR 32; (2004) MHLR 236, ECHR.Google Scholar
House of Lords Select Committee on the Mental Capacity Act 2005, Mental Capacity Act 2005: Post-Legislative Scrutiny (HL 139, Report of Session 2013–14) (The Stationery Office, 2014).Google Scholar
Brindle, N. and Branton, T., ‘Interface between the Mental Health Act and Mental Capacity Act: The Deprivation of Liberty Safeguards’, Advances in Psychiatric Treatment, 16 (2010), 430–7.CrossRefGoogle Scholar
AM v. (1) South London & Maudsley NHS Foundation Trust and (2) The Secretary of State for Health [2013] UKUT 0365 (AAC).Google Scholar
Cheshire West (n. 13 above).Google Scholar
Reforming the Mental Health Act. Government response to consultation, July 2021.Google Scholar
GJ v. The Foundation Trust and others [2009] EWHC 2972 (Fam).Google Scholar
AM (n. 19 above).Google Scholar
A PCT v. LDV [2013] EWHC 272 (Fam).Google Scholar
Ministry of Justice, Mental Capacity Act 2005: Deprivation of Liberty Safeguards. Code of Practice to Supplement the Main Mental Capacity Act 2005 Code of Practice (The Stationery Office, 2008).Google Scholar
DCC v. KH (2009) COP 11729380.Google Scholar
R. (Ferreira) HM Senior Coroner for Inner South London and others [2017] EWCA Civ 3.Google Scholar
Christine Esegbona (deceased) v. King’s College Hospital NHS Foundation Trust [2019] EWHC 77 (QB).Google Scholar
An NHS Trust v. Dr A (2013) EWHC 2442 (COP).Google Scholar
Re. R (A Minor) (n. 9 above).Google Scholar
A Local Health Board v. AB (Rev. 1) [2015] EWCOP 31.Google Scholar
DoLS Code of Practice.Google Scholar
Department of Health, Code of Practice: Mental Health Act 1983 (The Stationery Office, 2015).Google Scholar
Welsh Assembly Government, Mental Health Act 1983: Code of Practice for Wales (The Stationery Office, 2016).Google Scholar
Department of Health, Code of Practice: Mental Health Act 1983 (The Stationery Office, 2015); Welsh Assembly Government, Mental Health Act 1983: Code of Practice for Wales (The Stationery Office, 2016).Google Scholar
R. v. Mental Health Review Tribunal for the South Thames Region, ex p. Smith [1998] EWHC 832.Google Scholar
DN v. Northumberland Tyne and Wear NHS Foundation Trust (2011) UKUT 327 (AAC).Google Scholar
H-L v. Partnerships in Care and Secretary of State for Justice [2013] UKUT 500 (AAC).Google Scholar
WH v. Llanarth Court Hospital (Partnerships in Care) [2015] UKUT 0695 (AAC).Google Scholar
MD v. Mersey Care NHS Trust [2013] UKUT 0127(AAC).Google Scholar
Devon Partnership NHS Trust v. SSHSC [2021] EWHC 101 (Admin).Google Scholar
Townley v. Rushworth (1963) 62 LGR 95.Google Scholar
Statutory Instruments 2008 No. 1205: The Mental Health (Conflicts of Interest) (England) Regulations 2008 (The Stationery Office).Google Scholar
Statutory Instruments 2008 No. 2440: The Mental Health (Conflicts of Interest) (Wales) Regulations 2008 (The Stationery Office).Google Scholar
Department of Health, Reference Guide to the Mental Health Act 1983 (The Stationery Office, 2015).Google Scholar
R. (on the application of DR) v. Mersey Care NHS Trust (2002) EWHC 1810.Google Scholar
R. (Sessay) v. South London and Maudsley NHS Foundation Trust and The Commissioner for Police for the Metropolis [2011] EWHC 2617 (QB).Google Scholar
Home Office, Guidance for the Implementation of Changes to Police Powers and Places of Safety Provisions in the Mental Health Act 1983 (2017).Google Scholar
The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020.Google Scholar
Rabone and another (Appellants) v. Pennine Care NHS Foundation Trust (Respondent) [2012] UKSC 2.Google Scholar
Great Britain Parliament Joint Committee on Human Rights, Legislative Scrutiny: Mental Health Bill. Fourth Report of Session 2006–07 (The Stationery Office, 2007).Google Scholar
Great Britain Parliament Joint Committee on Human Rights, Legislative Scrutiny: Seventh Progress Report. Fifteenth Report of Session 2006–07 (The Stationery Office, 2007).Google Scholar
NL v. Hampshire CC [2014] UKUT 475 (AAC).Google Scholar
Mental Health Units (Use of Force) Act 2018: Statutory Guidance for NHS Organisations, May 2021.Google Scholar
In the Central Criminal Court. Mrs Justice McGowan. Regina v. Jonty Bravery. Sentence.Google Scholar
SSJ v. RB [2011] EWCA Civ 1608.Google Scholar
Secretary of State for Justice v. MM [2018] UKSC 60.Google Scholar
HM Prison and Probation Service (2019) Guidance: Discharge Conditions that Amount to Deprivation of Liberty.Google Scholar
Hertfordshire County Council v. AB [2018] EWHC 3103 (Fam).Google Scholar
County Council v. ZZ [2013] COPLR 463.Google Scholar
Birmingham CC v. SR; Lancashire CC v. JTA [2019] EWCOP 28.Google Scholar
DB v. Betsi Cadwaldr University Health Board [2021] UKUT 53.Google Scholar
Lord Warner, Hansard HL, vol. 688, part 28, cols 702 and 703 (17 January 2007).Google Scholar
Department of Health, Code of Practice: Mental Health Act 1983 (The Stationery Office, 2015).Google Scholar
MP v. Mersey Care NHS Trust (2011) UKUT 107 (AAC).Google Scholar
Welsh Ministers v. PJ [2018] UKSC 66.Google Scholar
Care Quality Commission, Monitoring the Use of the Mental Health Act in 2009/10: The Care Quality Commission’s First Report on the Exercise of Its Functions in Keeping under Review the Operation of the Mental Health Act 1983 (CQC, 2010), p. 62.Google Scholar
LW v. Cornwall Partnership NHS Foundation Trust [2018] UKUT 408 (AAC).Google Scholar
CM v. Derbyshire Healthcare NHS Foundation Trust [2011] UKUT 129 (AAC) (emphasis added).Google Scholar
Re. AA (2012) EWHC 4378 (COP); (2012) MHLO 182.Google Scholar
B v. Croydon Health Authority [1995] 1 All ER 683.Google Scholar
Nottinghamshire Healthcare NHS Trust v. RC (2014) EWCOP 1317.Google Scholar
A Midlands NHS Trust v. RD [2021] EWCOP 35.Google Scholar
A Mental Health Trust v. ER [2021] EWCOP 32.Google Scholar
Re. H (Mental patients: diagnosis) (1992) FLR Jul 1; [1993] 1, 28–33.Google Scholar
A Healthcare and B NHS Trust v. CC (2020) EWHC 574 (Fam).Google Scholar
Re. C (Adult refusal of medical treatment) [1994] 1 All ER 819.Google Scholar
Re. MB (Adult, medical treatment) [1997] 38 BMLR 175 CA.Google Scholar
Tameside & Glossop Acute Services Unit v. CH (a patient) [1996] 1 FLR 762.Google Scholar
Re. C (n. 9 above).Google Scholar
St George’s Healthcare NHS Trust v. S; R. v. Collins and others, ex p. S [1998] 3 All ER 673.Google Scholar
NHS Trust and others v. FG [2014] EWCOP 30.Google Scholar
Guys & St Thomas’ NHS Foundation Trust & South London and Maudsley NHS Foundation Trust v. R. [2020] EWCOP 4.Google Scholar
Department of Health, Code of Practice: Mental Health Act 1983 (The Stationery Office, 2015).Google Scholar
RM v. St Andrew’s Healthcare [2010] UKUT 119 (AAC), HM/0837/2010.Google Scholar
Kinton, M., Dudleston, K., Jefferys, P., et al.Medication for Side-Effects under the Mental Health Act’, Psychiatrist, 32 (2008), 358.Google Scholar
Care Quality Commission, Monitoring the Use of the Mental Health Act in 2009/10: The Care Quality Commission’s First Report on the Exercise of Its Functions in Keeping under Review the Operation of the Mental Health Act 1983 (CQC, 2010).Google Scholar
R. v. Riverside Mental Health Trust, ex p. Huzzey [1998] 43 BMLR 167.Google Scholar
Statutory Instruments 2008 No. 2699 (L. 16): The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (The Stationery Office); Statutory Instruments 2008 No. 2705 (L. 17): The Mental Health Review Tribunal for Wales Rules 2008 (The Stationery Office); Carnwath, R., Practice Direction: First-Tier and Upper Tribunal. Use of The Welsh Language in Tribunals in Wales (Tribunals Judiciary, 2008), www.judiciary.uk/wp-content/uploads/JCO/Documents/Practice+Directions/Tribunals/UseoftheWelshlanguage.pdf.Google Scholar
GM v. Dorset Healthcare National Health Service Trust and the Secretary of State for Justice [2020] UKUT 152 (AAC).Google Scholar
VS v. St Andrews Healthcare [2018] UKUT 250.Google Scholar
SM v. Livewell Southwest CIC [2020] UKUT 191 (AAC).Google Scholar
YA v. Central and North West London NHS Trust and others [2015] UKUT 37 (AAC).Google Scholar
R. (OK) v. FTT [2017] UKUT 22 (AAC).Google Scholar
PI v. West London Mental Health NHS Trust [2017] UKUT 66 (AAC).Google Scholar
Sullivan, J., Practice Direction: First-Tier Tribunal, Health Education and Social Care Chamber, Statements and Reports in Mental Health Cases (Tribunals Judiciary, 2013).Google Scholar
Mental Health Law Online, Tribunal Procedure: Failure to Submit Reports to the Tribunal on Time (17 April 2015) (2015) MHLO 38 (2015), www.mentalhealthlaw.co.uk.Google Scholar
Sullivan, Practice Direction (n. 9 above).Google Scholar
Statutory Instruments 2008 No. 2699 (L. 16): The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (The Stationery Office).Google Scholar
GB v. South West London & St George’s MH NHS Trust [2013] UKUT 58 (AAC).Google Scholar
AH v. West London MH NHS Trust (2010) UKUT 264 (AAC).Google Scholar
AH v. West London MH NHS Trust and SoS (J) (Final) (2011) UKUT 74 (AAC).Google Scholar
Department for Constitutional Affairs, Mental Capacity Act 2005: Code of Practice (The Stationery Office, 2007).Google Scholar
R. (B) v. MHRT (2002) All ER (D) 304 (Jul).Google Scholar
Winterwerp v. The Netherlands (1979) 2 EHRR 387.Google Scholar
Department of Health, Code of Practice: Mental Health Act 1983 (The Stationery Office, 2015).Google Scholar
CM v. Derbyshire Healthcare NHS Foundation Trust [2011] UKUT 129 (AAC).Google Scholar
R. v. East London and the City Mental Health Trust, ex p. von Brandenburg [2003] UKHL 58; [2004] 1 All ER 400.Google Scholar
R. (Zhang) v. Whittington Hospital (2013) EWHC 358 (Admin); (2013) MHLO 29.Google Scholar
Department of Health, Code of Practice: Mental Health Act 1983 (The Stationery Office, 2015).Google Scholar
Re. W (a minor) (medical treatment) [1992] 4 All ER 627.Google Scholar
An NHS Foundation Hospital v. P (2014) EWHC 1650 (Fam).Google Scholar
Gillick v. Norfolk and Wisbech Area Health Authority [1985] 3 All ER 402.Google Scholar
R. (on the application of Axon) v. Secretary of State for Health [2006] EWHC 37 (Admin).Google Scholar
NHS Trust v. X (No. 2) [2021] EWHC 65.Google Scholar
Re. D (A Child; Deprivation of Liberty) [2015] EWHC 922 (Fam).Google Scholar
D (A Child) [2019] UKSC 42.Google Scholar
Secretary of State for Health, Mental Health Act 1983: Instructions with Respect to the Exercise of Approval Functions 2014 (Department of Health, 2014).Google Scholar
Munby, J., What Price Dignity? Keynote Address by Lord Justice Munby to The LAG Community Care Conference: Protecting Liberties on 14 July 2010 (Legal Action Group, 2010).Google Scholar
Modernising the Mental Health Act. Increasing Choice, Reducing Compulsion. Final report of the Independent Review of the Mental Health Act 1983, December 2018.Google Scholar
Reforming the Mental Health Act. Presented to Parliament by the Secretary of State for Health and Social Care and the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty, January 2021.Google Scholar
Reforming the Mental Health Act. Government Response to Consultation. Presented to Parliament by the Secretary of State for Health and Social Care and the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty, July 2021.Google Scholar
Legal Guidance for Mental Health, Learning Disability and Autism, and Specialised Commissioning Services Supporting People of All Ages During the Coronavirus Pandemic, May 2020.Google Scholar
COVID-19: Interim Methodology for Second Opinions. Care Quality Commission, March 2020.Google Scholar
Mental Health Tribunal Response to Covid-19 Emergency. Update April 2021.Google Scholar
Statutory Instruments 2008 No. 2705 (L. 17): The Mental Health Review Tribunal for Wales Rules 2008 (The Stationery Office).Google Scholar
Carnwath, R., Practice Direction: First-Tier and Upper Tribunal. Use of The Welsh Language in Tribunals in Wales (Tribunals Judiciary, 2008), www.judiciary.uk/wp-content/uploads/JCO/Documents/Practice+Directions/Tribunals/UseoftheWelshlanguage.pdf.Google Scholar
Bwrdd lechyd Prifysgol Betsi Cadwaldr University Health Board, Mental Health Act 1983 Section 12(2): Approval / Re Approval Process and Criteria for Wales (January 2022).Google Scholar
Welsh Ministers, National Health Service (Wales) Act 2006: Mental Health Act 1983 Approved Clinician (Wales) Directions 2008 (The Stationery Office, 2008), www.mentalhealthlaw.co.uk/Mental_Health_Act_1983_Approved_Clinician_(Wales)_Directions_2008.Google Scholar
Welsh Assembly Government, Mental Health Act 1983: Approval of Approved Clinicians in Wales (Welsh Government, 2011), https://gov.wales/sites/default/files/publications/2019-03/mental-health-act-1983-approval-of-approved-clinicians-wales-july-2018.pdf.Google Scholar
Statutory Instruments 2011 No. 2942 (W.318): Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011 (The Stationery Office).Google Scholar

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  • References
  • Tony Zigmond, Nick Brindle
  • Book: A Clinician's Brief Guide to the Mental Health Act
  • Online publication: 03 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781009178297.020
Available formats
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Save book to Dropbox

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  • References
  • Tony Zigmond, Nick Brindle
  • Book: A Clinician's Brief Guide to the Mental Health Act
  • Online publication: 03 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781009178297.020
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • References
  • Tony Zigmond, Nick Brindle
  • Book: A Clinician's Brief Guide to the Mental Health Act
  • Online publication: 03 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781009178297.020
Available formats
×