Children with Mental Disorder and the Law: A Guide to Law and Practice

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Jessica Kingsley Publishers, May 15, 2008 - Law - 248 pages
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Children and young people with complex mental health needs are increasingly being cared for within specialist mental health care settings, either in the community or in in-patient facilities. With rapid social developments, it can be difficult for carers and practitioners to keep track of the law in this area. This book provides a guide to the law relating to mental health care for children and young people, their rights and entitlement to service, and discusses important issues in clinical and social care practice such as parental responsibility, Gillick competency and capacity, emergency intervention and detention, assessment of mental illness and confidentiality in practice. A chapter written by Mary Mitchell considers the diagnosis and management of complex mental illness in young people, and a concluding chapter discusses changes in the law. Jargon-free and accessibly written, this is an invaluable guide for professionals working in child and adolescent health and social care, social workers, youth workers, social welfare policy makers, medical professionals, teachers, educational professionals and students, as well as advocates for children and young people.
 

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Contents

Part 2 Practice Issues
135
FURTHER READING
203
EXTRACT FROM LOCAL AUTHORITY CIRCULAR 9929
206
THE 2007 MENTAL HEALTH ACT DRAFT REVISED CODE OF PRACTICE CHAPTER 39 CHILDREN AND YOUNG PEOPLE UNDER THE A...
209
THE 2005 MENTAL CAPACITY CODE OF PRACTICE CHAPTER 12 HOW DOES THE ACT APPLY TO CHILDREN AND YOUNG PEOPLE?
227

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Page 27 - Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.
Page 31 - ARTICLE 8 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and...
Page 31 - To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him...
Page 30 - ... to have adequate time and facilities for the preparation of his defence; c to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require...
Page 27 - ... the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority; (e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts, or vagrants...
Page 30 - In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
Page 26 - ... the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law; (c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so...
Page 27 - Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
Page 30 - Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
Page 30 - Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

About the author (2008)

Anthony Harbour is a solicitor in a London practice where he specializes in health and social service law. He is the lead trainer for the Section 12 training for child and adolescent psychiatrists organised by the Royal College of Psychiatrists, UK, and is currently involved in providing training to health and social service professionals on the Mental Capacity Act, the Mental Health Act and various aspects of the law relating to children. He regularly publishes articles and papers on these subjects.

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