Online CPD scheme providing 12 hours for £60: suitable for solicitors, barristers, psychiatrists, social workers and psychiatric nurses
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August 2017 update

Website

  • Magic Book. The Magic Book is a database of contact details. It is a new addition to MHLO - but it can be expanded and be a success if everybody joins in, including you. To create/edit contacts, there is no need to log in and the process is very quick and simple. See Magic Book
  • Mental Health Law Online CPD scheme: 12 points for £60. Obtain 12 CPD points online by answering monthly questionnaires. The scheme is an ideal way to obtain your necessary hours, or to evidence your continued competence. It also helps to support the continued development of this website, and your subscriptions (and re-subscriptions) are appreciated. For full details and to subscribe, see CPD scheme.

Case law

  • Damages following unlawful arrest (Barrymore). Parker v Chief Constable of Essex Police [2017] EWHC 2140 (QB) — "The Defendant founds its submission that the Claimant is entitled to nominal damages only on the decision of the Supreme Court in Lumba (WL) v SSHD [2011] UKSC 12. Lumba has been considered and applied by the Supreme Court in R (Kambadzi) v SSHD [2011] UKSC 23! and by the Court of Appeal in Bostridge v Oxleas NHS Foundation Trust [2015] EWCA Civ 79, [2015] MHLO 12. The Defendant relies upon Kambadzi and Bostridge as well as Lumba. ... Applying the basic principles of compensatory damages in tort, the counterfactual (i.e. what would have happened if the tort had not been committed) in Lumba was that the Secretary of State would have detained the claimants lawfully pursuant to the published policy. ... In Bostridge the finding of the trial judge was that the appellant would have been detained as and when he was if his illness had been correctly addressed via section 3 of the Mental Health Act, as it should have been; and that he would then have received precisely the same treatment and been discharged when he was. The Court of Appeal held that the fact that this counterfactual necessarily included steps being taken by persons other than the Defendant did not prevent the application of the principles set out in Lumba. The appellant therefore recovered only nominal damages. It is not enough for a Defendant in the position of the Secretary of State in Lumba or the Defendant in the present case to show that the counterfactual could have resulted in the same outcome as had been caused by the tort: the Defendant must go on to show that it would have done so. ... It follows that I reject the Defendant's submission that the principles set out in Lumba are applicable if the unlawfully arrested Claimant was "arrestable", meaning that he could have been lawfully arrested: it is necessary for the Defendant also to show that he would have been lawfully arrested. The principles set out in Lumba lead to an award of nominal damages if no loss has been suffered because the results of the counterfactual are the same as the events that happened. If and to the extent that they diverge (e.g. because a lawful arrest would not have occurred at the time but would have occurred later) the Court will have to decide on normal tortious compensatory principles whether and to what extent a substantial award of damages is merited for the divergence in outcome. What is the appropriate counterfactual in a given case will be acutely fact-sensitive."

Events

  • MHLA: 18th Annual Conference - Leeds, 17/11/17 — Speakers: Legal Aid Agency, Tribunal Judge Duncan Birrell, Floyd Porter, Prof Luke Clements, Dr Caroline Bradley, Michael Kennedy, Sophy Miles. Price: £230 (non-member), £160 (member), £145 (groups of three or more members). See MHLA website for further information and booking details.
  • Manchester University/AMHPA: Taking Stock conference - Manchester, 19/10/17 — The University of Manchester and AMHPA (Approved Mental Health Professionals Association) are holding their annual conference on mental health law and practice - Taking Stock - on Thursday 19 October 2017 in Manchester. The speakers will include Sir William Charles, Michael Brown OBE, Mair Elliott, Prof Suzy Braye OBE, Dr Leah Quinlaven and Neil Allen. Price: £125. For further details see the AMHPA website and see the the conference's Eventbrite page for booking information.
  • PELT: Deprivation of Liberty made simple - Hoylake, 13/12/17 — Course description: "The disagreements between the judiciary have not helped our understanding of DoLs. This course will leave you feeling much more confident. The CQC has made DoL a priority on inspections. The Supreme Court leaves us in no doubt what is and is not a DoL. But how is all this applied in practice to protect not only the service user, but the professionals and service providers as well? How does this impact on ‘informal’ patients under the MHA and the role of AMHPs and Tribunals? What does ‘continuous supervision and control’ really mean? What is ‘free to leave’? Damages for unlawful DoL. This course will leave you feeling confident in how the law should be applied." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details.
  • PELT: Mental Health Act Masterclass (new material) - Hoylake, 22/11/17 — Course description: "This new course will allow Mental Health Act practitioners to reflect on and update their practice by ensuring they have an up to date understanding of the law. New cases will be covered. To act lawfully, decision makers are required to follow ‘procedures prescribed by law’. These can be found not only in the Act but importantly in the Code (2015) and developing case law." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details.
  • PELT: Court of Protection Masterclass (new material) - Hoylake, 8/11/17 — Course description: "New and important case law developments are so frequent that it is challenging to keep up. This course will focus on the recent developments in Court of Protection, especially over the last 6 months. It will include the latest CoP cases on deprivation of liberty, capacity, health and welfare and treatment and young people." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details.
  • PELT: Depriving Children and Young People of their liberty lawfully - Hoylake, 26/10/17 — Course description: "DoLs start at 18. MCA 16. MHA no minimum age for detention. How to lawfully deprive a child or young person of their liberty requires great care. What is a DoL and where does parental responsibility fit? The course will look at the complex inter relationship between the MCA, MHA and Children’s legislation. When should a child or young person be sectioned? What alternatives are there? Where does s.25 Children’s Act (secure accommodation) fit in?" Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details.
  • PELT: Introduction to MCA and DOLS - Hoylake, 18/10/17 — Course description: "This is an intensive introduction to all those who need a basic understanding of the MCA and DOLS. Identifying the ‘decision maker’ as the person responsible for the outcome of that particular decision is the key to lawful decision making on behalf of those who lack capacity. Realising that depriving a person of their liberty removes the legal protection given to decision makers unless the deprivation is ‘prescribed by law’ catches many people out. Not knowing what you don’t know promotes risky practice." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See [ PELT website] for further information and booking details. Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details.
  • PELT: Introduction to the Mental Health Act - Hoylake, 4/10/17 — Course description: "This course is essential for those with little or no knowledge of the Mental Health Act who wish to obtain a comprehensive and up-to-date overview of the subject. The emphasis of this day is on how the law works in practice." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details.
  • PELT: Two-day admission to panel (accredited) - Hoylake, 25/9/17 and 26/9/17 — Course description: "This very intensive two-day course, approved by the Law Society, is designed to assist delegates prepare themselves for panel accreditation. The course also will flag up the difference between the English and Welsh systems. The course would also be of great benefit to anyone involved in the tribunal process who feel that they need a greater depth of knowledge. In addition, day 2 in particular would be of value to those seeking reaccreditation." Trainers: Peter Edwards and Dr Rob Brown. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £175+VAT (£210) per day; £350+VAT (£420) for both days. See PELT website for further information and booking details.
  • PELT: Introduction to COP, including s21A appeals - Hoylake, 12/9/17 — Course description: "There was a time when the Court of Protection was just about financial issues. The Court is now the place where deprivation of liberty safeguards and procedures are authorised or challenged and where arguments about adult protection and best interests are resolved. It is essential that all those working with vulnerable people / safeguarding have an understanding of how to access and use the Court. In certain circumstances there is a legal obligation on authorities to apply to the Court." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details.
  • Derek Boothby and Andy Brammer: Best Practice in DOLS and Best Interest Assessments Conference - Wakefield, 14/11/17 — This conference is aimed at BIAs, Independent BIAs, Mental Health Assessors and Safeguarding Leads. Speakers: Neil Allen ("Case law updates"); Dr Nadim Nayyar ("Role of the Mental Health Assessor and working with the BIA"); Kerry Kilburn ("The BMBC case, Covert Medication and Form 3"); Mick Stanley ("Form 3: what the Supervisory Body looks for"). This course will enable those working in this field to evidence relevant CPD. Price: £120, including refreshments and lunch. See flyer for further details and booking information.
  • Empowerment Matters: National IMCA Conference 2017 - London, 10/11/17 — This conference will explore events during the 10 years since the Independent Mental Capacity Advocacy service and role began. It is open to all those who work within the mental capacity field including solicitors, deputies, social workers, best interests assessors, and others from the health and social care sector. Speakers: Alex Ruck Keene, barrister, 39 Essex Chambers; Mark Neary; Dr Martin Vernon, Consultant Geriatrician, Clinical Director, Central Manchester University Hospitals; Irwin Mitchell Solicitors. Topics: caselaw developments; the role of litigation friend; serious medical treatment & PEG feeds; potential Vulnerable Adults Bill. Cost: £101.48. See Eventbrite website for further details and booking information.
  • Empowerment Matters: National IMCA Conference 2017 - Sheffield, 20/10/17 — This conference will explore events during the 10 years since the Independent Mental Capacity Advocacy service and role began. It is open to all those who work within the mental capacity field including solicitors, deputies, social workers, best interests assessors, and others from the health and social care sector. Speakers: Alex Ruck Keene, barrister, 39 Essex Chambers; Mark Neary; Dr Martin Vernon, Consultant Geriatrician, Clinical Director, Central Manchester University Hospitals; Irwin Mitchell Solicitors. Topics: caselaw developments; the role of litigation friend; serious medical treatment & PEG feeds; potential Vulnerable Adults Bill. Cost: £101.48. See Eventbrite website for further details and booking information.
  • MHLA: Panel course - Leeds, 25/10/17 and 26/10/17 — The Mental Health Lawyers Association is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s accreditation scheme (formerly called the ‘panel’). Price: £300 (MHLA members); £390 (non-members); £270 (group discount). See MHLA website for further details and to book online.
  • MHLA: Panel course - London, 18/10/17 and 19/10/17 — The Mental Health Lawyers Association is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s accreditation scheme (formerly called the ‘panel’). Price: £300 (MHLA members); £390 (non-members); £270 (group discount). See MHLA website for further details and to book online.

Jobs

These jobs were advertised in July 2017.

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