Mental Health Law

This section provides information and guidance about mental health law, including the Mental Health Act 1983 and the Mental Capacity Act 2005. In cases where there is doubt concerning deprivation of liberty issues, the following guidance from the Law Society may be of assistance, in addition to the other documents below:

Deprivation of Liberty - Law Society Guide

Mental Health Law Forum Webinars

The Mental Health Law Forum has been set up to inform staff, service users, carers, nearest relatives and friends on current Mental health law and future legislation changes. Staff & Service Users webinar will be held on 16 February 2023 and Carers and Relatives Webinar will be held on 16 March 2023.

Contact dmarkovitch@nhs.net or elft.mhlhub@nhs.net to attend.

Mental Health Law Webinars

For access to our digital forms (Thalamos) as well as access to forms for printing, go here.

The Mental Health Act 1983 provides the legal framework to regulate the circumstances in which the the liberty of persons who are mentally disordered may be restricted, and, where there is conflict, to balance their interests against those of public policy.

Mental Health Act 1983

Mental Health Act Code of Practice

Mental Health Act Code of Practice Easy Read

Mental Health Act Reference Guide

Ten Point Guide to the Mental Health Act

For leaflets that explain The Mental Health Act provisions in English and other languages please click here.

The Mental Health Act is currently being reviewed, for more information please click here.

The Mental Capacity Act 2005 codified previous case-law and made new provisions regarding persons who lack capacity to make certain decisions.

Mental Capacity Act 2005

Mental Capacity Act - Code of Practice

Mental Capacity Act - Guide for Everyone

Mental Capacity Act - Guide for Family, Friends and Other Unpaid Carers

Mental Capacity Act - Guide for Professionals

Mental Capacity Act Summary

Mental Capacity Act Summary - Easy-Read

Mental Capacity Act Summary - Bengali

Mental Capacity Act Summary - Somali

The purpose of this tool kit is to act as a prompt to doctors when they are providing care and treatment for people who lack, or who may lack, the mental capacity to make decisions on their own behalf.

The tool kit contains a series of cards relating to specific areas of the Act.

The toolkit and further information can be found on the BMA website

Contact ELFT's Mental Health law office by emailing elft.mhlhub@nhs.net

Newham Centre for Mental Health, Tower Hamlets Centre for Mental Health, John Howard Centre for Mental Health and Wolfson House

David Markovitch – Mental Health Law Manager – 07984462492

Maxine Bennett – Mental Health Law Senior Supervisor – 07551676027

Luton and Bedfordshire and City and Hackney

Navelette Greene – Mental Health Law Manager - 07768297549

Clare Whittaker – Mental Health Law Senior Supervisor - 07551675877

Mental Health Law