LW7028 - Compulsory Civil Admission and Community Provisions

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What will I learn on this module?

In this module you will develop a critical understanding of the compulsory civil admission and compulsory community provisions in Part II of the Mental Health Act 1983 (MHA). You will be introduced to the MHA, its history and contents and consider the roles of key mental health personnel (including the Nearest Relative, Responsible Clinician and Approved Mental Health Professional), their duties and powers under the MHA. You will examine the compulsory admission provisions set out in Part II, the criteria for detention and the main effects of detention, comparing and contrasting the compulsory legal regime with informally admitted patients. You will also consider the emergency provisions provided by the MHA that allow for detention pending an assessment under Part II. The provisions in relation to ‘compulsory’ community care will be considered along with the discharge process.

This module covers the following topics:

• Scope of Mental Health Act 1983 (as amended) and related legislation;
• Mental Health personnel, their roles, rights and duties and liabilities;
• Admissions of patients to psychiatric institutions - informal and compulsory admission and treatment under Part II MHA 1983;
• Guardianship and other community provisions; and
• Discharge of patients.

How will I learn on this module?

You will be supported by a teaching and learning plan (TLP) which outlines the activities (independent study/reading, self-evaluative tasks, informal practice assessments) throughout the module.

Directed learning will centre on detailed learning materials which will be made available via the module dedicated e-Learning (elp) site and will include guided reading using electronic reading lists, self-evaluative tasks as well as opportunities to engage with your tutor and fellow students. Knowledge will be consolidated through a range of learning activities that will include extended reading, research and reflection. You will have an optional Study Day at the University, which will focus on compulsory civil admission and compulsory community provisions of the MHA and may include interactive workshop-based activities and lectures from tutors and the opportunity for guest practitioner expert input which will enhance academic content and delivery. Study Day content will also be made available as a recorded on-line session.

Independent learning will centre on you identifying further reading and research to provide deeper/broader knowledge and understanding of compulsory civil admission under Part II of the MHA and compulsory community provisions of the MHA.

You will be provided with detailed feedback on your formative and summative assignment for this module and, as part of your reflective development, such feedback can be utilised in the preparation of subsequent module assessments on the programme. You are therefore able to demonstrate self-reflection and reflective practice within the module and on the programme as a whole, with feedback of appropriate quality and the positive application of formative feedback on learning.

How will I be supported academically on this module?

The University is well-placed to support you in learning and research with an excellent library and teaching facilities, access to on-line legal databases and resources and appropriate software.

This module is designed and will be managed by your designated Module Tutor who will be responsible for guiding you in your engagement and learning on the module. All relevant materials and instructions will be accessible on-line through the module elp site, maintained by your Module Tutor, who will also provide updates on issues of current legal significance. Extensive use is therefore made of the elp at module level to facilitate discussions between you and your Module Tutor, to provide materials, make announcements and to highlight recent developments in the law. You may communicate with your Module Tutor by e-mail or telephone and are encouraged to make contact if you encounter any difficulties relating to any aspect of the module. During the module, several “surgery” sessions, via distance means such as Blackboard collaborate, give the Module Tutor and students the opportunity to discuss content and expectations around learning and assessment.

Academic support is also available through summative and formative feedback on assignments and a module teaching and learning plan (TLP) detailing delivery structure and any University requirements. At programme level you will be supported by the Programme Leader who will provide pastoral support throughout the module and the programme as a whole.

The Programme Administration and Student Liaison teams are responsible for the non-academic administration of the module, such as receiving your completed assignment, returning your marked assignment and recording your marks. They will contact you throughout the duration of your module with details about the study day, assignment hand-in dates and other issues.

What will I be expected to read on this module?

All modules at Northumbria include a range of reading materials that students are expected to engage with. The reading list for this module can be found at: http://readinglists.northumbria.ac.uk
(Reading List service online guide for academic staff this containing contact details for the Reading List team – http://library.northumbria.ac.uk/readinglists)

What will I be expected to achieve?

Knowledge & Understanding:
At the end of the module you will have:

• Developed knowledge and a critical understanding of the laws and professional guidance that govern the operation of Part II of the MHA 1983 relating to the civil admission and detention of people with mental disorder in England and Wales together with the Guardianship provisions of the MHA and other compulsory community provisions of the Act.
• Developed critical awareness and understanding of the role of mental health personnel, their rights and duties under the Mental Health Act 1983 and Common Law and the Mental Capacity Act 2005.

Intellectual / Professional skills & abilities:

• Developed an ability to conduct rigorous and independent legal research in the area of compulsory civil admission and compulsory community care, selecting, using and applying the relevant material to identify issues, construct rational arguments and present accurate legal information clearly, coherently and substantiated by authority.

• Developed an ability to reflect on and critically evaluate the operation of Part II MHA and identified solutions to a range of legal, practical and ethical problems associated with compulsory civil admission and compulsory community treatment.

Personal Values Attributes (Global / Cultural awareness, Ethics, Curiosity) (PVA):

• Gained a critical awareness of the legal and ethical issues surrounding compulsory civil admission under the MHA and relevant community care provisions and reflected on how those legal and ethical values align with your own personal and professional values.

How will I be assessed?

Formative assessment will be achieved by self-test questions in module materials, group discussion, informal peer assessment and assessed and non-assessed exercises. Answers to self-test questions will be provided on the module elp and your tutor will give oral and written feedback to you as required.


Summative Assessment will be undertaken on an individual basis by way of assignment which constitutes 100% of the marks for this module. This assignment aims to encourage a deep and critical approach to learning, developing an ability to think widely about the issues presented within the module and to explore these in-line with directed and independent learning.

The module is assessed by coursework with a maximum word limit of 3,000 words. The assessment will take the form of a discursive essay question which will be designed to facilitate examination of specific aspects of relevant law and related legal research and may include discussion of recent developments, where appropriate. Assessment criteria will be provided to enable you to understand what is expected of you and how you will be judged on your performance.

You will be provided with appropriate written or oral feedback (as appropriate), and, as part of your reflective development, such feedback can be utilised in the preparation of subsequent module assessments on the programme.

Pre-requisite(s)

None

Co-requisite(s)

None

Module abstract

Compulsory Civil Admission and Community Provisions examines the laws governing compulsory civil admission and compulsory community provisions in Part II of the Mental Health Act 1983 (MHA). It introduces the MHA, its history and contents, considering key mental health personnel and their duties and powers under the Act. It considers the compulsory admission provisions set out in Part II, criteria for detention and the main effects, comparing and contrasting these provisions with the legal regime applicable to informally admitted patients. It details the application process and role of key personnel within that process including the Nearest Relative, Responsible Clinician and Approved Mental Health Professional. It also considers the emergency provisions provided by the Act that allow for detention pending an assessment under Part II. The module provides an overview of the discharge process and finally, considers the concept of 'compulsory' community care. You will critically engage with research outputs as part of your research-rich learning, drawing from Northumbria’s extensive on-line databases and library facilities. You will be assessed by researched assignment (100%) which will consolidate your understanding of the module and develop your skills of critical analysis.

Course info

Credits 20

Level of Study Postgraduate

Mode of Study PG Certificate 9 months, PG Diploma 9 months, LLM 9 months all by distance learning

Department Northumbria Law School

Location Law and NBS Building, City Campus East

City Newcastle

Start September 2019

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