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20 October 2017 / Keith Wilding
Issue: 7766 / Categories: Features , Mental health
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Mental health law & the case for tribunals (Pt 2)

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Where coercion meets care: Keith Wilding discusses the benefits of tribunal hearings in the mental health context

  • The nature of disability & the role of coercion.
  • The ‘subtle’ role of the mental health tribunals.

In May 2017 the Prime Minister made a speech in which she referred to a ‘flawed’ Mental Health Act 1983 which often results in detention, disproportionate effects, and forced treatment of vulnerable people. This appears to seriously underestimate the complexities involved in the operation of the Act, of the concept of disability, of the use of coercive care in the mental health field, and of the role of the law in these circumstances.

The case of Mr A

The case of Mr A illustrates the point. He is 25 years old, did well at school and went to university where his mental health deteriorated. He was unable to continue his studies and returned home to his family. Over a two-year period he worsened to the extent that he was not eating, was unable

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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