Mental health and tribunal law: Part 1 – an introduction

Mental health law can be a complex and challenging area for senior clinicians.

It has significant relevance to psychiatric practice, yet mental health law in England historically receives little educational attention.

The principal aim of this module is to introduce basic legal concepts that can improve the practical application of mental health law (primarily in England) with particular relevance to tribunal law.

Initially, we will answer questions such as:

• How is the law made?
• What is case law?

The difference between statute law and secondary legislation and how judges influence mental health law will be examined.

We will then go on to review the impact of the European Convention of Human Rights on domestic mental health law, and consider changes to Mental health tribunal first tier (tribunal) law introduced by the Tribunal Court and Enforcement Act 2007 (TCEA).

Finally, we will look at associated tribunal law concepts.