November 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

  • After-care payments and double recovery. Tinsley v Manchester City Council [2017] EWCA Civ 1704 — "The question in this appeal is whether a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the Mental Health Act 1983 and has then been released from detention but still requires "after-care services" is entitled to require his local authority to provide such services at any time before he has exhausted sums reflecting the costs of care awarded to him in a judgment in his favour against a negligent tortfeasor."
  • Disposal of Ian Brady's body. Oldham MBC v Makin [2017] EWHC 2543 (Ch) — "This claim concerns the question of whether certain orders should be made in respect of the disposal of the body of Ian Stewart-Brady, formerly Ian Brady, one of the infamous Moors murderers."
  • Withdrawal of CANH. NHS Trust v Y [2017] EWHC 2866 (QB) — "This is a claim for a declaration under CPR Part 8 that it is not mandatory to bring before the Court the withdrawal of Clinically Assisted Nutrition and Hydration ("CANH") from a patient who has a prolonged disorder of consciousness in circumstances where the clinical team and the patient's family are agreed that it is not in the patient's best interests that he continues to receive that treatment, and that no civil or criminal liability will result if CANH is withdrawn."

Case law summary

Legislation

Law Society

  • Practice note for ALRs. Law Society, 'Practice note: Accredited Legal Representatives in the Court of Protection' (10/11/17) — This practice note includes detailed advice on: (1) the role of an Accredited Legal Representative; (2) communicating with and taking instructions from your client; (3) representing P and ensuring P’s effective participation; (4) your duties of confidentiality and disclosure; (5) good practice in the Court of Protection; (6) funding of P’s legal costs; (7) applications under s21A Mental Capacity Act 2005; (8) other issues e.g. breach of the HRA 1998.§

SRA

  • SRA confidentiality guidance. SRA, 'Ethics guidance: Disclosure of client's confidential information' (5/2/16) — This guidance deals with Outcome 4.1 of the SRA Code of Conduct 2011, which is that "you keep the affairs of clients confidential unless disclosure is required or permitted by law or the client consents", to which there are no exceptions (in contrast with the previous SRA Code). The status of this guidance is described as follows: "This advice does not form part of the SRA Handbook and is not mandatory, but the SRA may have regard to it when exercising its regulatory functions. This guidance is intended to highlight that where you disclose client information, your justification for doing so will be taken into consideration for conduct purposes. In some limited circumstances, the justification is likely to result in us deciding to take no regulatory action as a result." Circumstances in which disclosure may be justified for conduct purposes are described under the following headings: (1) Where a client has indicated their intention to commit suicide or serious self harm; (2) Preventing harm to children or vulnerable adults; (3) Preventing the commission of a criminal offence.

Events

  • Edge Training: Best Interests Assessors Report Writing Course - London, 19/3/18 — This course is targeted specifically at qualified Best Interests Assessors (BIAs) and aims to provide them with the knowledge and skills needed to ensure robust and legally defensible assessments under the Deprivation of Liberty Safeguarding (DOLS). Speaker: Piers McNeil. Cost: £140 + VAT (£168). See flyer for further details and booking information.
  • Edge Training: MCA and Tenancy Agreements - London, 9/3/18 — This course will consider how staff should assess mental capacity in relation to tenancy agreements and the key case law in this area. It will also consider the legal validity of tenancy agreements signed by, or on behalf of, those lacking capacity; and when people lacking capacity may be placed without a tenancy agreement being in place. Speaker: Aasya Mughal. Cost: £140 + VAT (£168). See flyer for further details and booking information. [Changed date field as course was cancelled.]
  • Edge Training: DOLS Authorised Signatories - London, 26/2/17 — This course aims to provide guidance on the role of signatories and to update designated signatories in relation to the latest case law around their specific role within the DOLS procedures Please note: this course is not designed for BIAs but specifically the role of local authority managers acting as authorised signatories. Speaker: Steven Richards. Cost: £140 plus VAT (£168). See flyer for further details and booking information.
  • Edge Training: Best Interests Assessors Legal Update Course - London, 5/2/18 — This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: consider the latest DoLS news, research and guidance; examine the latest case law relevant to DoLS and the BIA role; reflect on how the information covered affects BIA practice. Speaker: Steven Richards. Cost: £140 plus VAT (£168). See flyer for further details and booking information.
  • Edge Training: Mental capacity and best interests assessments (advanced) - London, 2/2/18 — This course considers practice issues under the Mental Capacity Act such as record keeping, disputes, unwise decisions and balancing risk. The course also conveniently disseminates the body of court judgments that apply to mental capacity assessments and best interests. It looks at some of the more complex cases around special issues in assessing capacity such as risk taking, contact, serious treatment, residence, vulnerable people and the inherent jurisdiction. The judgments used are selected to be most useful to health and social care staff and will provide a practical knowledge base they can refer to in daily practice. Speaker: Aasya Mughal. Cost: £140 plus VAT (£168). See flyer for further details and booking information.
  • Edge Training: Deprivation of liberty in children and young people - London, 22/1/18 — This course aims to update staff working with children, young people and those in transition with the latest case law and developments in relation to deprivation of liberty. The course will consider these developments and their impact on practice. It examines the Supreme Court ruling on deprivation of liberty and considers practical issues in its application for children and young people. Speaker: Dawn Revell. Cost: £140 plus VAT (£168). See flyer for further details and booking information. [Changed date as course was cancelled.]
  • Edge Training: Best Interests Assessors Legal Update Course - London, 15/1/18 — This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: consider the latest DoLS news, research and guidance; examine the latest case law relevant to DoLS and the BIA role; reflect on how the information covered affects BIA practice. Speaker: Steven Richards. Cost: £140 plus VAT (£168). See flyer for further details and booking information.
  • Clarion Solicitors: Court of Protection Masterclass - Leeds, 16/11/17 — This morning event will provide updates on contentious issues in the Court of Protection, particularly regarding statutory will applications, the role and challenges faced by a professional deputy, an update on benefits and a discussion surrounding financial abuse. Speakers: Francesca Gardner, Daniel Lumb, Liesel Annible, Lorraine Podmore. See Clarion website for further details and booking information. See Events
  • University of Leeds: Law Reform and Practice Implications of the UNCRPD - Leeds, 14/11/17 — This seminar will examine the implications of recent UNCRPD and Law Commission reports, and will be of direct interest to solicitors and advisors working for law firms, local authorities and NHS Trusts, as well as students of law, social policy and disability studies, School of Law alumni and friends. Speakers: Aswini Weereratne QC (Using the CRPD in English courts), Ulele Burnham (Equality and discrimination), Dr Bev Clough (Deprivation of liberty safeguards), Prof Anna Lawson (Independent living), Dr Amanda Keeling (Mental Health Act). Chairman: Oliver Lewis. This is a free event but registration is required in advance. See Eventbrite website for further details and booking information. See Events
  • The Dev: Thrash Therapy (music gig) - London, 1/12/17 — Extract from event website: "Thrash Therapy aims to stop the stigma of mental health, particularly anxiety and depression. The event will raise money for mental health charity Mind and we'll even have representatives from Mind and IAPT present to answer any questions on the conditions and what help is available. If you simply want to grab a leaflet, these will also be available." Live music from 6pm till 10.30pm; DJs till 2am. Free entry. For further details see Carpe Diem website See Events

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