Tort liability under the Mental Health Act 1983

Abstract

The qualified immunity from liability conferred by section 139 of the Mental Health Act 1983, like that conferred by its predecessors, has been the subject of much critical comment. This paper traces its recent history and explores some of the problems to which the section may give rise. Particular emphasis is placed on the role of the provision in determining the tort liability of approved social workers (ASWs) and their employers.

Key Words:

• mental health
• tort
• vicarious liability
• section 139 of Mental Health Act 1983