ABSTRACT
There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.
TABLE OF CONTENTS
part I|12 pages
Coercive care: rights, law and policy
part II|35 pages
Conceptual frameworks for coercive care
chapter 3|17 pages
Contingent participation and coercive care
part III|105 pages
Legal capacity, ‘best interests' and coercive care
chapter 7|21 pages
The filling of the ‘Bournewood gap'
part IV|35 pages
Coercive care in the community
chapter 9|15 pages
Community treatment orders in England and Wales
part V|90 pages
Coercive care and the criminal justice system
chapter 11|25 pages
‘There are no trials inside the gates of Eden'
chapter 13|17 pages
Compulsory care, rehabilitation and risk
part VI|6 pages
Conclusion