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:
Mental Health Law
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 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 - 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 - Easy-Read
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