Palmer v South Tees Health Authority (1999) Lloyd's Rep Med 351
2.
Best Practice in Managing Risk: Principles and Evidence for Best Practice in the Assessment and Management of Risk to Self and Others in Mental Health Services. London: Department of Health, 2007
3.
Best Practice in Managing Risk, p. 10
4.
MadenA. Treating Violence. A Guide to Risk Management in Mental Health. Oxford: Oxford University Press, 2007
5.
LanganJ, LindowV. Living with Risk: Mental Health User Involvement in Risk Assessment and Management. Bristol: The Policy Press, 2004
6.
Code of Practice to the Mental Health Act1983, published in 1999, paragraph 1.1
7.
Department of Health. Our Health, our Care, our Say. A New Direction for Community Health Services. London: Department of Health, 2006. See also: Department of Health. Independence, Choice and Risk: A Guide to Best Practice in Supported Decision Making. London: Department of Health, 2007
8.
Best Practice in Managing Risk. Introduction
9.
10.
The Mental Health Act 2007 amends the 1983 Act. Some commentators suggest that the new powers are likely to be so bureaucratic as to make them unattractive and unnecessary. The new provisions only require responsible clinicians to consider a community treatment order as an alternative to traditional leave of absence under section 17. MIND has suggested that ‘the Mental Health Act remains profoundly paternalistic’
11.
See Mental Health Alliance: The Mental Health Act 2007, A Final Report
12.
Litwa v Poland (2001) 33 EHRR 53. See also Reid v UK (2003) 37 EHRR 9
13.
14.
15.
Guzzardi v Italy (1980) 3 EHRR
16.
For an account of how this works in practice, see: Laurence J. Pure Madness. London: Routledge Press, 2003
