Studying at York
Mental Health & Mental Capacity Law - LAW00046H
Module summary
This module aims to provide students with theoretically informed insights into key elements of mental health and mental capacity law in England and Wales. This is pursued through the critical examination of the legal regimes contained in the Mental Health Act (MHA) 1983 and the Mental Capacity Act (MCA) 2005 respectively, in both civil and criminal contexts. Students will enrich their understanding of the law through exploration of essential concepts, such as mental capacity, best interests, dangerousness, and appropriate treatment, as well as their philosophical and/or political underpinnings and justifications. Students will apply their knowledge to a number of areas of current controversy, such as the detention and treatment of offenders with personality disorder, and treatment refusals by individuals with anorexia nervosa.
Module will run
| Occurrence | Teaching period |
|---|---|
| A | Spring Term 2022-23 |
Module aims
This module aims to provide students with theoretically informed insights into key elements of mental health and mental capacity law in England and Wales. This is pursued through the critical examination of the legal regimes contained in the Mental Health Act 1983 and the Mental Capacity Act 2005 respectively, in both civil and criminal contexts. Students will enrich their understanding of the law through exploration of essential concepts, such as mental capacity, best interests, dangerousness, and appropriate treatment, as well as their philosophical and/or political underpinnings and justifications. Students will apply their knowledge to a number of areas of current controversy, such as the detention and treatment of offenders with personality disorder, and treatment refusals by individuals with anorexia nervosa.
Module learning outcomes
By the end of the module, students will demonstrate:
- knowledge and understanding of mental health and mental capacity law in both civil and criminal contexts, as well as key concepts that underpin these legal regimes and their philosophical and/or political justifications;
- the ability to locate ambiguities, uncertainties, and controversies within mental health and mental capacity law and to synthesise and critically evaluate relevant doctrinal, philosophical and social commentary on these issues.
- the ability to formulate and present a reasoned choice between alternative proposals for reforming mental health and mental capacity law through critical judgement of the merits of particular arguments.
- the ability to apply knowledge and understanding of mental health and mental capacity law to offer evidenced conclusions, addressing complex actual and hypothetical problems that affect individuals subject to these legal regimes;
- the ability to conduct self-directed research on one area of mental health and/or mental capacity law, including accurate identification of research questions, retrieval, selection, and evaluation of appropriate source materials;
- the ability to communicate both orally and in writing, as evidenced by participation in plenaries and seminars and submission of formative and summative assessments respectively.
Module content
An indicative schedule is produced below for students' information.
|
Week 1 |
An introduction to mental health and mental capacity law. |
|
Week 2 |
The Mental Capacity Act 2005 |
|
Week 3 |
The philosophy of mental capacity |
|
Week 4 |
The ethics of surrogate decision making |
|
Week 5 |
Reflection week |
|
Week 6 |
The Mental Health Act 1983: civil detention and treatment |
|
Week 7 |
The Mental Health Act 1983: release from detention and care in the community |
|
Week 8 |
The Mental Health Act 1983: criminal regime |
|
Week 9 |
Key concepts in mental health law: dangerousness and appropriate treatment |
|
Week 10 |
Evaluating mental health and mental capacity law |
Indicative assessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 100 |
Special assessment rules
None
Additional assessment information
Coursework tasks may consist in essays, problem questions, and case commentaries.
Students will also have the opportunity to choose their own coursework task, subject to agreement by the module team.
Indicative reassessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 100 |
Module feedback
Ongoing formative feedback from tutor and peers through interactive plenaries and seminars.
Formative feedback from tutor on coursework plan.
Tutors provide students individualised feedback on summative assessment.
Indicative reading
Bartlett, P and Sandland, R, Mental Health Law: Policy and Practice. (OUP 2014)
Hale, B, Mental Health Law (6th edn, Sweet & Maxwell 2017)
Jackson, E, Medical Law: Text, Cases and Materials (5th edn, OUP 2019)
Peay, J, Mental Health and Crime. (Routledge 2011)