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Free Publicity Materials

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Mental Health Tribunals (PDF version)


Mental Health

This is an E-Book product, purchasing this item allows you to download the book onto your computer to read as a pdf or similar.

8 April 2013

Law Society Publishing


400 pages

Mental Health Tribunals (PDF version)
Law, Policy and Practice

Philip Fennell, Penny Letts and Jonathan Wilson


This is the PDF version of Mental Health Tribunals. The print version of Mental Health Tribunals is also available.

This practical book provides all professionals, particularly legal representatives, with an accessible and up-to-date guide to Mental Health Tribunals, including:

  • a concise overview of the human rights and policy background
  • analysis of the legal definition of mental disorder and use of compulsory powers
  • clear statement of the Tribunal powers applicable to offender and non-offender patients, unrestricted patients, and community patients
  • a chronological account of the procedure and operation of the Tribunals
  • an outline of the typical procedural steps for a patient's representative
  • review of the public funding position.

Uniquely, the authors explain where the law, rules and procedures differ between England and Wales, and the rules for each Tribunal are conveniently set out in comprehensive appendix materials.

This book will be invaluable to those seeking accreditation or re-accreditation under the Law Society's Mental Health Accreditation Scheme.

This version of the book is provided in Adobe Acrobat (PDF) format. The files are digitally copyright protected and can be read in Adobe Digital Editions on the desktop and transferred to several e-reader devices. To open the file you will first need to download a copy of Adobe Digital Editions (see and register an Adobe ID. Adobe Acrobat (PDF) files can then be transferred and shared with other dedicated e-reader devices or apps registered with the same Adobe ID, e.g. the Sony Reader, Bluefire (for iPad), Aldiko (for Android devices). However, we advise that you refer to your device and software documentation for more details.

You may find the following link useful:

Our frequently asked questions will also offer detailed advice about ordering an EBook

Please note that once you have purchased your eBook, you should allow 15 minutes for a download link to be emailed to you.


"The last decade has not seen a specialist publication addressed to legal representation. It was worth the wait. The three highly experienced authors have pulled together in one concise volume all the necessary strands of this highly complex area of practice. Having the vast majority of required material in one location will ultimately save time - and money. And the timing could not be better.""

Richard Charlton - Chair of the Mental Health Lawyers Association, Gazette, May 2013


1. Mental health detention: law, policy, and international human rights
2. The origins and role of mental health tribunals
3. The definition of mental disorder and the criteria for compulsion
4. Non-offender patients: detention, discharge and review
5. Offender patients: detention, discharge and review
6. Community care, guardianship, and community treatment orders: compulsory powers, discharge and review
7. Tribunal powers and duties in relation to unrestricted patients and community patients
8. Tribunal powers and duties in relation to restricted patients
9. Tribunal procedure: pre-hearing procedure
10. Tribunal procedure: statements and reports
11. Tribunal procedure: hearing procedure
12. Challenging a decision
13. Tribunal representation
14. Public funding. Appendix.

About the Authors

Philip Fennell is a Professor of Law at Cardiff University. He was specialist legal adviser to Parliamentary Committees on the 2004 and 2006 Mental Health Bills. Philip has written widely on mental health law and also provides training for MHT members in England and Wales.

Penny Letts is a policy consultant, trainer and member of the Administrative Justice and Tribunals Council. She was formerly Law Society Policy Adviser on Mental Health and Disability, a specialist adviser to the Joint Parliamentary Committee on the Draft Mental Capacity Bill and a Mental Health Act Commissioner.

Jonathan Wilson is a practising solicitor specializing in mental health and capacity law, and a member of the Law Society's Mental Health Accreditation Scheme. He also runs the Mental Health Law Online website and CPD programme.

The foreword has been written by Lucy Scott-Moncrieff, president of the Law Society.