June 2019 update

This page is automatically generated: it will only be complete at the end of the month. All monthly updates are available here: Archive of monthly updates.

Website

  • Magic Book. The Magic Book is a database of contact details. The main idea is to add the hospitals and other places you visit (not just your own place of work). 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.
  • Cases. By the end of this month, Mental Health Law Online contained 1995 categorised cases

Cases

  • Case (MHT/Parole Board delay). LV v UK 50718/16 [2019] MHLO 32 (ECHR)LV, a s47/49 patient, had argued that there had been a delay, in breach of Article 5(4), in securing her release, in particular because of the two-stage process involving both the Mental Health Tribunal and Parole Board. She accepted the government's offer of £2,500 in settlement of her claim.
  • Case (Costs in s21A case). BP v London Borough of Harrow [2019] EWCOP 20 — "The relevant circumstances of the adjournment of the January hearing are that the Respondent, the London Borough of Harrow, offered at the hearing a trial of BP returning home. ... For the Applicant, it is submitted that this is a case where it is appropriate to depart from the usual costs rule and to order the costs of the January hearing be paid by the Respondent because of the Respondent's consistent failure to offer a trial period at home before the start of and for the duration of the proceedings, and its decision to do so only after the January hearing had commenced. ... Overall, I can see the basis on which the Applicant considers an application for costs to be justified. However, this was a finely balanced case on the Applicant's own submissions in position statements, in particular that of 15 June 2018. I bear in mind the authorities on which the parties rely, in particular the Applicant's reliance on the comments of Hooper LJ in the Court of Appeal. I note the circumstances of Manchester City Council v. G, E and F [2010] EWHC 3385 were quite different. On balance and considering the circumstances as a whole, I am not persuaded that it is appropriate to depart from the general rule on this occasion. I decide this based on the chronological position of the parties set out above and all the circumstances. The Respondent's conduct falls short, to what degree is immaterial, of the necessary test. This case does not represent a blatant disregard of the processes of the Act and the Respondent's obligation to respect BP's rights under ECHR as in the Manchester case (paraphrased slightly)."

Resources

  • COPUG minutes. Minutes of Court User Group Meeting (11/4/19) — (1) Apologies; (2) Minutes and Action points; (3) Court Manager's Report; (4) Update on the Mental Capacity Amendment Bills; (5) Response to correspondence; (6) Update on ALR scheme; (7) Contacting the court by telephone; (8) Update on progress of e-bundling; (9) COP9 papers not served; (10) COP General visitors using insecure IT equipment when visiting lay deputies; (11) Dealing with urgent applications; (12) Applications for authorities outside the standard terms of deputyship; (13) Request for consideration of a streamlined property and affairs process; (14) Amendment of property and affairs order templates to include reference to support for making decisions when P has capacity; (15) Naming solicitors in judgments; (16) Any other business. Next meeting: 15/10/19 at 1400, at First Avenue House.

Events

  • Event. Bristol University: AMHPs and nearest relatives - Bristol, 8/7/19 — This seminar will explore the experiences of Approved Mental Health Professionals of working with Nearest Relatives under the Mental Health Act. The event will include presentations by legal, social work and psychology researchers from the Universities of Bath, Bristol, and UWE. Presentations will focus on: the findings of an empirical project with AMHPs and Nearest Relatives in the South West of England; current challenges and practice dilemmas; and recent proposals for reform set out in the Independent Review of the Mental Health Act, as well as potential areas for further research. The event is organised jointly by: the Centre for Health, Law and Society at the University of Bristol; UWE; and the University of Bath. Price: free. Times: 1300-1600. See Eventbrite website for further details and booking information.
  • Event. Edge Training: MHA and MCA Interaction - London, 14/10/19 — This course aims to enable health and social care staff to consider the impact of the Mental Capacity Act 2005 on their work and its relationship to the use and application of the Mental Health Act 1983. Speaker: Steven Richards. Cost: £150.00 plus VAT. See Edge website for further details and booking information
  • Event. Edge Training: Understanding the Court of Protection - London, 30/9/19 — This one day course is designed to enable participants to feel equipped to attend the Court of Protection and to ensure they know what to expect: the best way to give evidence; the key Court of Protection roles; courtroom etiquette and terminology. The course will help delegates prepare to give evidence and deal with challenging questioning. A barrister in the field will give them tips on staying calm and composed under pressure and ensuring the evidence they give is fair, balanced and accurately represents application of the key components of the Mental Capacity Act to the Court of Protection judge. Speaker: Sophy Miles. Cost: £150.00 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: Liberty Protection Safeguards - London, 22/11/19 — This one-day course aims to provide a detailed analysis of the Liberty Protection Safeguards contained in the Mental Capacity (Amendment) Bill. The course considers the differences between DoLS and LPS and looks at what the new process will be and who will be affected. Speaker: Steven Richards. Cost: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: Liberty Protection Safeguards - Manchester, 18/10/19 — This one-day course aims to provide a detailed analysis of the Liberty Protection Safeguards contained in the Mental Capacity (Amendment) Bill. The course considers the differences between DoLS and LPS and looks at what the new process will be and who will be affected. Speaker: Steven Richards. Cost: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: Liberty Protection Safeguards - Manchester, 12/7/19 — This one-day course aims to provide a detailed analysis of the Liberty Protection Safeguards contained in the Mental Capacity (Amendment) Bill. The course considers the differences between DoLS and LPS and looks at what the new process will be and who will be affected. Speaker: Steven Richards. Cost: £140 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: Level 3 Safeguarding Adults - London, 8/7/19 — This one-day Level 3 Safeguarding Adults training course offers delegates the opportunity to explore the legal framework which underpins safeguarding adults work, and to explore the key challenges that may arise in practice. It will guide the delegates through the safeguarding adults process and focus on making safeguarding personal. It is for all staff who may be involved in safeguarding adult work, which could include social workers, community care officers, social care workers, social care managers, GP’s, practice nurses, heads of quality, chief nurses, designated nurses for safeguarding adults, occupational therapists, psychologists and psychiatrists. Speaker: Dawn Revell. Cost: £140.00 plus VAT. See Edge website for further details and booking information
  • Event. Edge Training: BIA Legal Update (Annual Refresher) - London, 9/8/19 — This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: (a) Consider the latest DoLS news, research and guidance; (b) Examine the latest case law relevant to DoLS and the BIA role; (c) Reflect on how the information covered affects BIA practice. Speaker: Aasya Mughal. Cost: £140.00 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: BIA Legal Update (Annual Refresher) - London, 1/7/19 — This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: (a) Consider the latest DoLS news, research and guidance; (b) Examine the latest case law relevant to DoLS and the BIA role; (c) Reflect on how the information covered affects BIA practice. Speaker: Steven Richards. Cost: £150.00 plus VAT. See Edge website for further details and booking information
  • Event. Edge Training: Sexual relations, contraception, marriage and restricting contact - London, 17/6/19 — This one-day course is designed to enable participants to understand mental capacity in these sensitive areas. Participants will gain awareness of the relevant case law in relation to capacity and (where relevant) best interests decision making. Guidance will be offered on the steps to take where an individual lacks capacity to consent in these areas, to ensure that they are adequately safeguarded, and legal obligations are met. Speaker: Steven Richards. Cost: £140.00 plus VAT. See Edge website for further details and booking information.
  • Event. MHLA: Foundation course - London, 28/8/19 — This course is aimed at new practitioners and those intending to attend the panel course in the near future. Attendance at the foundation course is strongly recommended in order to achieve a sound understanding of the basic principles of mental health law, practice and procedure and in order to achieve the most from the two-day panel course, which is a pre-requisite for application to the Law Society’s mental health panel. Speakers: Tam Gill and Neil Cronin. Price: £150 (MHLA members); £195 (non-members). See MHLA website for further details and booking information.
  • Event. MHLA: Panel course - London, 17/7/19 and 18/7/19 — The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). See MHLA website for further details and to book online.

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