September 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 case. R (CXF) v Central Bedfordshire Council [2017] EWHC 2311 (Admin), [2017] MHLO 30 — "The central question raised in these proceedings is whether either or both of the Defendants has a duty under s117 of the MHA to cover the costs of the Claimant's mother's visits, on the ground that they constitute "after-care services" within the meaning of that provision. ... The specific issues that arise are as follows: (a) Whether the duty to provide after-care services under s117 is triggered when the Claimant is granted leave of absence from the Hospital under s17 of the MHA for an escorted bus trip. This issue turns on the question whether, when granted such leave of absence, the Claimant satisfies the two pre-conditions set out in s. 117(1), namely, (i) that he has "ceased to be detained" under s3 of the MHA, and (ii) that he has "left hospital"; (b) If so, whether the after-care services which are to be provided pursuant to s117(6) of the MHA may as a matter of principle include funding to cover the Claimant's mother's transport costs; (c) If so, whether on the facts of this case there is a duty to provide the funding sought as an after-care service under s117; (d) If so, whether the duty to provide the services falls on the First and Second Defendants jointly, or in fact falls on the First Defendant jointly with Bedfordshire Clinical Commissioning Group, which was originally joined as a Defendant to these proceedings, but against which proceedings were discontinued in March 2017."
  • Upper Tribunal case. JMcG v Devon Partnership NHS Trust [2017] UKUT 348 (AAC), [2017] MHLO 28 — "The principal issue in this appeal is whether the First-tier Tribunal (Mental Health) erred in law in its belief that, pursuant to s.72(3) of the Mental Health Act 1983, it could not defer the discharge of a detained patient beyond the date of the order authorising detention. The Appellant patient criticised the tribunal for (a) refusing to defer his discharge until a date after the authority for his detention had expired and (b) failing to give adequate reasons for its decision overall. I have concluded that the tribunal did not err in law with respect to the effect of section 72(3) since its reasons did not assert that a deferred discharge could not exceed the date of the order authorising detention. Though strictly obiter, I have concluded that a deferred discharge cannot exceed the date of the order authorising detention and explain why I have reached that view below. I also concluded that the tribunal’s reasoning in this case was adequate."
  • Deportation case. SSHD v KE (Nigeria) [2017] EWCA Civ 1382, [2017] MHLO 29 — "This is an appeal [which] gives rise to the narrow, but important, issue as to whether a non-British citizen who is convicted and sentenced to a hospital order with restrictions under sections 37 and 41 of the Mental Health Act 1983 is 'a foreign criminal who has been sentenced to a period of imprisonment of at least four years' for the purposes of section 117C(6) of the Nationality, Immigration and Asylum Act 2002, so that the public interest requires his deportation unless there are very compelling circumstances that mean that it would be a disproportionate interference with his rights under article 8 of the European Convention on Human Rights to deport him."

Other

  • Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2015-17' (September 2017 edition, 28/9/17). details. See Newsletters#Edge Training
  • IJMHCL third edition. [2017] IJMHCL pages 1-83. The articles in this edition are: (1) Editorial (Darius Whelan, Emma Cave); (2) Severe and Enduring Anorexia Nervosa in the Court of Protection in England and Wales (Emma Cave, Jacinta OA Tan); (3) Analysing the Definition of Disability in the UN Convention on the Rights of Persons with Disabilities: is it really based on a 'Social Model' approach? (Katerina Kazou); (4) Negotiating Relationality: Mental Capacity as Narrative Congruence (David Gibson); (5) Some Continental European Perspectives on Safeguards in the Case of Deprivation of Liberty in Health and Social Care Settings (Walter Boente). See International Journal of Mental Health and Capacity Law
  • IJMHCL second edition. [2016] IJMHCL pages 71-143. In the archives, the first and second editions are both called "No 22 (2016)". The articles in this edition are: (1) Editorial (Daniel W. Liang Wang, Alex Ruck Keene, Ruth Fletcher, Catherine Penny, Richard Ashcroft); (2) Disability, Deprivation of Liberty and Human Rights Norms: Reconciling European and International Approaches (Eilionóir Flynn); (3) DoLS or Quality Care? (Gordon Rayment Ashton); (4) Capacity Assessment and Information Provision for Voluntary Psychiatric Patients: a service evaluation in a UK NHS Trust (Benjamin Ian Perry, Swaran Preet Singh, David Hedley White); (4) Deprivation of Liberty: the position in Scotland (Laura Jean Dunlop). See International Journal of Mental Health and Capacity Law

Events

  • Court of Protection User Group - London, 11/10/17 — This meeting is open to the public, but is more relevant to practitioners. As space is limited, it would be helpful if anyone who wishes to attend could email courtofprotectionenquiries@hmcts.gsi.gov.uk ensuring ‘Court User Group’ is in the subject field. Time: 14.00. Venue: Court 23, 5th Floor, First Avenue House. See Contact:Court of Protection (High Holborn) for full contact details, and Court of Protection User Group for further information about the Court User Group. See Events
  • Healthcare Conferences UK: DOLS: Towards Liberty Protection Safeguards - London, 8/12/17 — This conference will update delegates on the implications of the March 2017 Law Commission Report, and the practicalities of moving towards Liberty Protection Safeguards. There will be a choice of two streams, with Stream A focusing on hospitals and Stream B focusing on supervisory bodies. Chairman: Alex Ruck Keene. Cost: fees range from £300+VAT to £495+VAT and there are various discounts (including 20% off for quoting "hcuk20dols" when booking). For further information and to book your place visit the HCUK website or email nicki@hc-uk.org.uk See Events
  • Edge Training: DOLS: a new beginning? - London, 9/10/17 — This half-day course aims to provide a detailed overview and analysis of the Law Commission's recent proposals and draft legislation to replace DoLS with the Liberty Protection Safeguards. It will consider the potential impact of the proposals on individuals, professionals and organisations. There are separate morning (0930-1230) and afternoon (1330-1630) sessions. Speaker: Steven Richards. Cost: £70 + VAT (£84). See flyer for further details and booking information. See Events
  • Edge Training: Deprivation of liberty in the community - London, 6/10/17 — This one-day course is designed to enable participants to identify when applications need to be made to the Court of Protection to authorise deprivation of liberty and to comply with the requirements set down by the Court for making such applications. Speaker: Alex Ruck Keene. Cost: £140 plus VAT (£168). See flyer for further details and booking information. See Events
  • Difficult Conversations: End of Life Care: Advanced Legal Issues Masterclass - London, 29/11/17 — This half-day masterclass will explore the legal framework surrounding end of life care and serious illness and enable delegates confidently to discuss the following areas with colleagues/patients: consent (what exactly informed consent means); Mental Capacity Act; DOLS; advance care planning; confidentiality. Facilitator: Tim Spencer-Lane. Cost: £145 (inc VAT). See flyer for further details and booking information. See Events
  • Difficult Conversations: End of Life Care: Advanced Legal Issues Masterclass - London, 12/10/17 — This half-day masterclass will explore the legal framework surrounding end of life care and serious illness and enable delegates confidently to discuss the following areas with colleagues/patients: consent (what exactly informed consent means); Mental Capacity Act; DOLS; advance care planning; confidentiality. Facilitator: Tim Spencer-Lane. Cost: £145 (inc VAT). See flyer for further details and booking information. See Events
  • CDLP: Making our own Decisions: Sharing Stories and Creating Change - Galway, 22/11/17 — The Voices project's final workshop will draw together the four core themes of the project - criminal responsibility, contractual capacity, consent to treatment and consent to sex - and feature a mix of personal narratives, art and theoretical perspectives based on the UNCRPD. All 15 storyteller and respondent pairs from 12 different countries will share their experiences of the project and provide previews of the book which will be published in 2018. Keynote speaker: Dr Michael Bach. The seminar should be of interest to students, researchers, people with disabilities, people with experience of the mental health system, family members, and practitioners in the fields of law, health and social care. Cost: free. See Voices website for further details and booking information. See Events

Jobs

The following jobs were advertised in August 2017 (and the deadline has now passed).

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