Podcast Location:
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Categories:
Human Rights, Civil Liberties & Public Law
Criminal Law
Capacity & Court of Protection
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to provide practitioners with a basic introduction to mental health law, focusing on the ways in which a patient can be involuntarily detained in a mental hospital by an order under the Mental Health Act 1983 (MHA). It provides a clear breakdown of the relevant criteria for admission for assessment or treatment of a patient in a mental hospital and the differences in relation to the practical effect of detention under the different sections of the MHA. It also considers the role and jurisdiction of the First-Tier Tribunal (Health, Education and Social Care Chamber) and provides an overview of the procedure for making an application to the Tribunal to discharge a patient from a mental hospital.

Outcomes:
After completing the course you will:
  • Be aware of the different orders available under the MHA 1983 for involuntary detention of a patient in a mental hospital;
  • Appreciate the criteria for admission to hospital for assessment under section 2 of the MHA;
  • Be aware of the time limits for detention under section 2 of the MHA;
  • Understand the criteria for admission for treatment under section 3 of the MHA and the relevant time limits;
  • Understand how section 2 and section 3 differ;
  • Know when orders under section 37/41 will be made;
  • Be able to recognise the most appropriate route to detention and the practical effect of detention under each section;
  • Know what the First-Tier Tribunal has jurisdiction to cover;
  • Understand the role of the Tribunal in mental health cases;
  • Know who sits on the Tribunal;
  • Know how an application is made to the Tribunal;
  • Know who may give evidence to the Tribunal and how each party will provide their evidence;
  • Appreciate how a patient can be discharged from a section 2 or section 3 detention.
Level:
Beginner Difficulty: 1 of 5
Classification:
Introduction
Practical Guide
Sources and References:
  • Mental Health Act 1983 (as amended);
  • Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008.
Tags:

In this podcast Louise McCullough from Lamb Building provides an introduction to the law relating to detention of patients in a mental hospital under the Mental Health Act 1983 and the First-Tier Tribunal (Health, Education and Social Care) Mental Health which was created when the Tribunals, Courts and Enforcement Act 2007 came into force.

Date Recorded: 5th October 2012

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