At the interface between medicine and law

In Robert Bolt’s 1960s play A Man for All Seasons, King Henry VIII’s lord chancellor Sir Thomas More (pictured) grapples with his conscience and argues for the rule of law, no matter what: ‘This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!’ This is a powerful argument for the rule of law, meaning the standards of fairness expected in a modern, democratic society. 

This book is a very detailed analysis and explanation of human rights jurisprudence and how that affects the lives of people who are mentally disordered. They make up some of the most vulnerable people in society – and potentially include us all. Anyone can become unwell or need to support a colleague, friend or family member through their mental illness. Rights are important.

This scholarly and comprehensive volume is written by leaders in their fields of study and practice, including Anselm Eldergill, judge of the Court of Protection who is returning to private practice, solicitor Matthew Evans and barrister Eleanor Sibley. The introduction describes the background and constitution of the court, key procedures and how to access rights. The next part covers individual themes, including hospitals and treatment, capacity and rights, how society deals with those accused of criminal offences, family life rights, and extradition. The final section examines reported cases.

The breadth and scope of this readable work is stunning. There are areas that still need to be addressed in mental health law. There is no easy way to challenge the compulsory admission to a mental hospital. The law allows a consideration of how the person is at the time of the review, not the admission. Patients, including elderly people at their most vulnerable, are admitted sometimes in handcuffs for no obvious reason other than ‘standard procedure’. They have no access to advocacy when most needed. There is an interesting discussion on ‘certificates of sanity’ which some legal systems allow.

The interface between medicine and the law is always fascinating. This is an excellent and helpful book.

David Pickup is a partner at Pickup & Scott Solicitors, Aylesbury