Public Repository for Briefs regarding Reform of the Mental Health Act

On 13 January 2021, the government issued a white paper, ‘Reforming the Mental Health Act’, and commenced a public consultation that will remain open until 21 April 2021.  The Department of Health will publish an overall analysis of the submissions to that consultation, but it will not publish the submissions themselves – and that is where we come in. To encourage and facilitate debate, MDLN (with the support of the Institute of Mental Health) is providing a public repository for responses.  This runs parallel to the government’s submission mechanism, and there is no obligation to submit your response here if you do not wish to.  Equally, though, this repository IS meant to be restricted to responses that HAVE been submitted to the government. 

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Resources

The Network does not provide legal advice.

If you need such advice, we recommend that you contact the MIND legal helpline - https://www.mind.org.uk/information-support/helplines/

The MDLN supports a diversity of views and voices in conversations relating to mental diversity law, and thus looks to include a diverse range of resources on this page. The views expressed in the web resources below do not necessarily reflect those of the MDLN, its organizing team, members, or sponsors.

Statutory Materials

Statutes of the Westminster parliament are available at http://www.legislation.gov.uk/.

Acts of the Scottish Parliament are at https://www.parliament.scot/parliamentarybusiness/Bills/72402.aspx.

Legislation of the Welsh Assembly is at http://www.legislation.gov.uk/anaw, and the Stormont Assembly in Northern Ireland at http://www.niassembly.gov.uk/assembly-business/legislation/.

Legislation for the Republic of Ireland is at http://www.irishstatutebook.ie/

Case Law

The best free site for case law of the United Kingdom and Ireland is probably the British and Irish Legal Information Institute – http://www.bailii.org/

It contains case law from across the UK, for all levels of court, including specialised areas for the Court of Protection (Mental Capacity Act cases) and the First-tier Tribunal (Health Education and Social Care Chamber), which includes Mental Health Act tribunal decisions, and a full range of Law Commission since 1965.

Case law from the European Court of Human Rights can be found at https://www.echr.coe.int/Pages/home.aspx?p=home [click on the case law tab for an extensive database of cases]

Government and Official Resources

United Nations Committee on the Rights of Persons with Disabilities

https://www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx

United Nations Subcommittee for the Prevention of Torture

https://www.ohchr.org/EN/HRBodies/OPCAT/Pages/Brief.aspx

European Committee for the Prevention of Torture

https://www.coe.int/en/web/cpt

Modernising the Mental Health Act

Final report from the independent review [Wessely Report], 2018 [England and Wales] https://www.gov.uk/government/publications/modernising-the-mental-health-act-final-report-from-the-independent-review

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Websites, Blogs and Social Media

[for blogs associated with academic institutions, see separate section below]

Critical Voices Network Ireland

https://www.facebook.com/groups/criticalvoicesnetworkireland

The International Hearing Voices Network

https://www.facebook.com/groups/intervoice

Mad Pride

https://www.facebook.com/groups/2424383535

Mental Capacity Law and Policy

Run by Alex Ruck Keene, a barrister at 39 Essex Chambers, contains a wealth of information about mental capacity law and related subjects, including an extensive set of summaries of Court of Protection cases.

The archives of the Mental Capacity Newsletter is at  https://www.39essex.com/tag/mental-capacity-newsletter/ and Alex’s own blog – always worth a read www.mentalcapacitylawandpolicy.org.uk

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Organizations

Mad Pride

http://www.mindfreedom.org/campaign/madpride/MP%20FAQs

World Network of Users and Survivors of Psychiatry

http://www.wnusp.net/

National Survivor User Network (NSUN)

https://www.nsun.org.uk/

Black Thrive

https://www.blackthrive.org.uk/

Making Waves UK Lived Experience Network

This email address is being protected from spambots. You need JavaScript enabled to view it.

Association of Mental Health Peer Researchers

This email address is being protected from spambots. You need JavaScript enabled to view it.

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Academic Institutions

Birkbeck College, University of London, Institute for Crime and Justice Policy Research

This is the home of the Judging Values and Participation in Mental Capacity Law programme, an inter-university research programme headed by Dr Camillia Kong.

School of Law
Birkbeck College
42 Store Street
London WC1E 7DB

https://www.icpr.org.uk/judging-values-and-participation-mental-capacity-law

Edinburgh Napier, Centre for Mental Health and Capacity Law

https://www.napier.ac.uk/research-and-innovation/research-search/centres/centre-for-mental-health-and-capacity-law

Its blog is at http://blogs.napier.ac.uk/cmhcl-mhts/

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