The module aims to provide detailed knowledge and understanding of and the ability critically to evaluate the law and practice in relation to the mentally disordered. The module will also examine specific issues which arise in relation to the law relating to mental disorder and the treatment and care of children and young persons, women, and the elderly; the sexuality of the mentally disordered and the impact of the Human Rights Act 1998 upon the law in relation to the mentally disordered.
The module will appeal to law graduates, practising lawyers, medical practitioners working in the mental health field, social workers, hospital managers and those who have a general interest in mental health law.
- The common law relating to the treatment and care of those who lack capacity and the new regime under the Mental Capacity Act 2005. The law, policy and practice in relation to advance decisions to refuse treatment; the deprivation of liberty safeguards; lasting powers of attorney; court appointed deputies and the powers and practice of the Court of Protection will be considered.
- The provisions of the Mental Health Act 1983 and the interface between the Mental Health Act and the Mental Capacity Act. The law, policy and practice in relation to admission, treatment, discharge and treatment and care in the community will be considered.
- The law and practice relating to mentally disordered offenders.
- The issue of discrimination against the mentally disordered and the provisions of the disability discrimination legislation;
- Through reading and participation in seminars to develop knowledge and understanding of:
- Mental health law, policy and practice; and
- The law, policy and practice in relation to those who lack capacity.
Mode of Assessment
3 hour written examination paper