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Law Resources: Mental Health

Mental Health Law Online  

An internet resource on mental health law in England and Wales, primarily for mental health practitioners, to which anyone can contribute. There are currently three embryonic sections: commentaries on cases, with links to the full text judgments on BAILII; commentaries on the Mental Health Act 1983 and related legislation; and explanations of the concepts and terminology and practical guidance for lawyers.

Mental Health Review Tribunal  

Publisher: Mental Health Review Tribunal  

MHRT forms, guidance and rules.

The Directory: Courts and Tribunals

High Court: Court of Protection  

We make decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’). We are responsible for: deciding whether someone has the mental capacity to make a particular decision for themselves appointing deputies to make ongoing decisions for people who lack mental capacity giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity handling urgent or emergency applications where a decision must be made on behalf of someone else without delay making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration considering applications to make statutory wills or gifts making decisions about when someone can be deprived of their liberty under the Mental Capacity Act

The Directory: Courts and Tribunals: Tribunals

First-tier Tribunal (Mental Health)  

We are responsible for handling applications for the discharge of patients detained in psychiatric hospitals. We also handle applications to change community treatment orders and the conditions placed on a ‘conditional discharge’ from hospital.

The Directory: Government Departments

The Directory: Justice System

Office of the Public Guardian (OPG)  

The Office of the Public Guardian (OPG) protects people in England and Wales who may not have the mental capacity to make certain decisions for themselves, such as about their health and finance. OPG is an executive agency, sponsored by the Ministry of Justice.

Official Solicitor and Public Trustee  

The Official Solicitor and Public Trustee (OSPT) support the work of the MOJ. They carry out separate functions, although their respective trusts, estates and deputyships are managed by the same team. The Official Solicitor provides access to the justice system for vulnerable people who may have problems understanding it due to their age or disability. The Public Trustee acts as executor or administrator of estates and as the appointed trustee of settlements. OSPT works with the Ministry of Justice.

The Directory: Law Associations: International

International Academy of Law and Mental Health  

Furthers an multidisciplinary and cross-national approach towards issues arising from the interactions between law and mental health.

The Directory: Law Associations: Lawyers

Mental Health Lawyers Association  

Professional association of Mental Health Lawyers in England and Wales.