Home · Legal Subject Areas · Mental Health (17 sites)
Ashworth Special Hospital Personality Disorder Unit: Report of the Committee of Inquiry

This inquiry, chaired by His Honour Peter Fallon QC, investigated allegations by a former patient about misuse of drugs and alcohol, financial irregularities, possible paedophile activity, and the availability of pornographic material on the Unit. This page of the Department of Health web site provides access to the full text of its report, published January 1999.

Care Quality Commission

The Care Quality Commission regulates all health and adult social care in England, and protects the rights of people detained under the Mental Health Act. Established under the Health and Social Care Act 2008, it replaced the Commission for Social Care Inspection, the Healthcare Commission and the Mental Health Act Commission on 1 April 2009. The site provides background information, consultations, guidance and other documents, including key publications of the bodies it replaced.

Court of Protection

The Court of Protection makes decisions in relation to the property and affairs, and healthcare and personal welfare, of adults who lack the capacity to make decisions for themselves. This section of the Office of the Public Guardian site provides information on the court and a link to the Court of Protection Rules 2007 and practice directions on the HMCS web site.

Department of Health: Mental Health

This area of the Department of Health site has a section (within "Policy areas") providing information and guidance on the Mental Health Acts 1983 and 2007, including links to the full text of those Acts. Since 9 May 2010 it has been archived on the web site of National Archives.

First-tier Tribunal (Mental Health)

The First-tier Tribunal (Mental Health) is responsible for hearing applications or references relating to people detained under the Mental Health Act 1983 (as amended by the Mental Health Act 2007). Formerly known as the Mental Health Review Tribunal, it has since 3 November 2008 formed part of the First-tier Tribunal's Health, Education and Social Care Chamber. The site has forms, guidance leaflets, annual reports, and links to legislation. There are separate sections providing information targeted specifically at three user groups - patients and family members, healthcare and social care professionals, and legal representatives.

John Barrett Report

John Barrett was convicted in February 2005 of the manslaughter of Denis Finnegan on 2 September 2004, during a period when he had been receiving support from psychiatric and social services in south west London. An independent inquiry into his care and treatment, chaired by Robert Robinson, a solicitor, was commissioned by South West London Strategic Health Authority. Its report, published November 2006, may be downloaded here from the web site of the Authority's successor, NHS London. Several other reports of inquiries into mental health homicides in London are also available here.

Kerr/Haslam Inquiry

This independent inquiry, chaired by Nigel Pleming QC, was concerned with the sexual abuse of psychiatric patients. It inquired into how NHS services in Yorkshire dealt with concerns raised about two consultant psychiatrists, Dr William Kerr and Mr Michael Haslam. The full report of the inquiry, published 18 July 2005, is accessible from this page of the Department of Health web site.

Mental Health Lawyers Association

The Mental Health Lawyers Association (MHLA) represents approximately 80% of mental health practitioners in England and Wales. It is open to members of the Law Society's Mental Health Review Tribunal Panel and, as associate members, to others such as barristers who practise in this field. Site content accessible by non-members includes lists of members, press releases and other documents.

Mental Health Tribunal for Scotland

The Mental Health Tribunal for Scotland (MHTS) began hearings in October 2005, when the main provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 came into force. Its web site provides information on the Tribunal's role and organisation, including quarterly statistical reports on its activities, the most recent annual report, and links to relevant legislation. The full texts of court judgments in appeals against MHTS decisions are provided under "Case Law" within the "Useful Information" section.

Mental Welfare Commission for Scotland

The Mental Welfare Commission was set up to safeguard the rights of people in Scotland with mental illness or learning difficulties. It operates within the framework of the Mental Health (Care and Treatment) (Scotland) Act 2000 and the Adults with Incapacity (Scotland) Act 2000. The web site, whilst not reproducing those Acts as such, provides commentary, guidance, codes of practice, forms, investigation and inquiry reports 2001 onwards, and annual reports 2000-01 onwards.

Michael Stone Inquiry

Michael Stone, who had a history of mental disorder, drug abuse and violence, was convicted in October 1998 of the murder of Lin and Megan Russell and the serious wounding of Josie Russell, on 9 July 1996. An independent inquiry into his care and treatment, chaired by Robert Francis QC, was completed in November 2000 but not published until September 2006. Its report may be downloaded from this page of the NHS South East Coast web site.

Ministry of Justice: Mental Capacity

The Mental Capacity Act 2005 provides the statutory framework for people who may not be able to make their own decisions, for example because of a learning disability, an illness such as dementia, or mental health problems. This section of the Ministry of Justice web site provides links to legislation and other relevant material on the Department of Health and other sites, including the text of the Act, explanatory notes to the Act, the Mental Capacity Act 2005 Code of Practice, and parliamentary debates.

NHS Wales: Mental Health Act 1983

This NHS Wales microsite provides information on the Mental Health Acts 1983 and 2007 in Wales, including guidance; booklets and leaflets; links to secondary legislation on the OPSI site; the Mental Health Act 1983 Code of Practice for Wales; information on the Mental Health Review Tribunal for Wales; forms; and training materials to support the implementation of the Mental Health Act 2007.

Office of the Public Guardian

The Office of the Public Guardian provides legal protection for people in England and Wales who lack the capacity to make decisions for themselves. An agency of the Ministry of Justice, it was created under the Mental Capacity Act 2005, superseding the former Public Guardianship Office on 1 October 2007. There is detailed information on "lasting powers of attorney" and on the Court of Protection, including the text of the Court of Protection Rules and practice directions.

Office of the Public Guardian (Scotland)

This Office was established by the Adults with Incapacity (Scotland) Act 2000. It performs a supervisory role with regard to those appointed to exercise functions relating to the property and financial affairs of adults with incapacity. The web site provides forms, guides and codes of practice relating to powers of attorney, access to funds, interventions, guardianships and other matters.

Public Trustee

This is the section devoted to the work of the Public Trustee on the Offices of Court Funds, Official Solicitor and Public Trustee web site. The Public Trustee is the official empowered to act, when appointed, as executor or trustee of the estate or affairs of certain individuals, including the mentally ill and other vulnerable persons. There are contact details, notices, fees leaflets, and a list of statutes and rules relating to the Public Trustee's functions (though without links to texts).

Wiki Mental Health

Mental health law in England and Wales is the subject of this internet resource, aimed primarily at mental health practitioners and created as a wiki by Jonathan Wilson, a solicitor specialising in this area of law. Each of the three main sections - case law, legislation and general information - includes commentary and links to sources.


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