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Mental Health Act 2007 amendments - case law on definition?

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Mental Health Act 2007 amendments - case law on definition?

Postby adamlaw » Thu Mar 27, 2014 6:28 pm

I am currently researching the amendments in the 2007 Mental Health Act 2007 and am interested in the new simplified definition, particularly in relation to acquired brain injury cases. There is a brief discussion of this at the following link:
http://www.gpnotebook.co.uk/simplepage.cfm?ID=120913934


The paragraph below is taken from that site:

The 2007 amendments to the mental health act 1983 Introduced a Simplified Single Definition of "Mental Disorder" The definition of disorder covered by the MHA is now “any disorder or disability of the mind”. This simplified definition now applies to all sections of the Act. The four forms of mental disorder (mental illness, mental impairment, severe mental impairment and psychopathic disorder) have disappeared. This potentially means some people previously excluded are now included. For example, there may be some people with an acquired brain injury who were not covered by the term “mental impairment or severe mental impairment” who could now benefit from the protections of the Act.


I am interested in the example they use of acquired brain injury. I wonder if anyone knew of any specific case law involving individuals with acquired brain injury who are now protected since the 2007 amendments and who were not previously?

I have been looking for some case law but not having much luck.
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Re: Mental Health Act 2007 amendments - case law on definiti

Postby dls » Thu Mar 27, 2014 7:31 pm

It will be a difficult ask outside specialist journals.
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Re: Mental Health Act 2007 amendments - case law on definiti

Postby Boo » Thu Mar 27, 2014 9:57 pm

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Re: Mental Health Act 2007 amendments - case law on definiti

Postby adamlaw » Fri Mar 28, 2014 9:46 am

Thanks for the reply regarding the mentalhealthlaw.co.uk. I looked on there but could not find any relevant case law regarding my area of interest. I am starting to think maybe nothing has yet filtered through the courts on this issue?
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Re: Mental Health Act 2007 amendments - case law on definiti

Postby Boo » Sat Mar 29, 2014 1:50 pm

I'm a little confused.

Are you researching mental capacity?
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Re: Mental Health Act 2007 amendments - case law on definiti

Postby adamlaw » Mon Mar 31, 2014 10:57 am

Boo wrote:I'm a little confused.

Are you researching mental capacity?



Why are you confused? My research is not focused on mental capacity as per the mental capacity act.

I am interested in the broadening of definitions under the mental health act with the 2007 amendments, and how this means someone with an acquired brain injury may come under the mental health act if they are a danger to themselves or others.
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