If you have anything which is not yet on the internet (e.g. court results or transcripts) then please send it in (see Help page). As well as reading the website, you can keep up to date by subscribing to the CPD scheme, email updates, email discussion list, and the various other options listed at the top of each page.
Recent updates on website
For details of any news item, click on the relevant link below.
- 07/12/17 (10): Newsletter. Mind, 'Legal Newsletter' (December 2017) — This newsletter contains news under the following headings: (1) Thriving at Work - The Stevenson/Farmer Review of mental health and employers; (2) Mental Health and Fair Trial; (3) Section 117 and multiple diagnoses; (4) Damien Tinsley v Manchester City Council ; (5) R(CXF) v Central Bedfordshire Council ; (6) Burden of Proof in discrimination claims in the Employment Tribunal - Ayodele v Citylink .
- 07/12/17 (9): DH briefing note. Roger Banks et al, 'Briefing note' (relating to MM and and PJ Court of Appeal judgment, gateway ref 07333, 24/11/17) — The aims of this briefing note are to provide practitioners within Transforming Care Partnerships (TCPs) with a summary of the Court of Appeal judgment in SSJ v MM; Welsh Ministers v PJ  EWCA Civ 194,  MHLO 16, and to outline some of the possible implications for the Transforming Care programme. It is authored by Dr Roger Banks (National Senior Psychiatry Lead, NHS England) and John Trevains (Head of Mental Health and Learning Disability Nursing, NHS England).
- 07/12/17 (8): Dear Colleague letter. Julie Higgins et al, 'MM and PJ Court of Appeal Hearing and Judgements' (Dear Colleague letter, gateway ref 07333, 24/11/17) — This Dear Colleague letter to all NHS and independent sector mental health and learning disability providers summarises a briefing note on SSJ v MM; Welsh Ministers v PJ  EWCA Civ 194,  MHLO 16 which was prepared specifically in relation to those patients with a diagnosis of learning disability and autism who are part of the Transforming Care Programme, but also is relevant for patients with a mental illness or personality disorder diagnosis.
- 07/12/17 (7): PELT: DOL 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. See Events
- 07/12/17 (6): PELT: Introduction to COP, including s21A appeals - Hoylake, 14/2/18 — 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." Fee: £125 + VAT (£150). See Peter Edwards Law website for further details. See Events
- 07/12/17 (5): PELT: Introduction to the Mental Health Act - Hoylake, 20/3/18 — The course is for all those who need a basic understanding of the basics of the MHA. Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Price: £125 plus VAT (£150). See PELT website for further information and booking details. See Events
- 07/12/17 (4): PELT: Introduction to MCA and DOLS - Hoylake, 17/4/18 — 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. Not realising that depriving a person of his or her 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." Fee: £125 + VAT (£150). See Peter Edwards Law website for further details. See Events
- 07/12/17 (3): PELT: Depriving Children and Young People of their liberty lawfully - Hoylake, 19/4/18 — Course description: "The DOLS start at 18. MCA: 16. MHA: no minimum age for detention. Deciding how lawfully to deprive a child or young person of his or her 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 Act. When should a child or young person be sectioned? What alternatives are there? Where does s25 Children Act (secure accommodation) fit in?" Speaker: Peter Edwards. Fee: £125 + VAT (£150). See Peter Edwards Law website for further details. See Events
- 07/12/17 (2): PELT: Court of Protection Masterclass (new material) - Hoylake, 15/5/18 — Course description: "This course will review the all the recent developments in Court of Protection case law especially those during the last 12 months. It will include the latest COP cases on deprivation of liberty, capacity, health and welfare, legal aid and treatment. It will consider what practitioners can learn from these cases that will promote effective and lawful practice. It will examine how the practice directions and rules are working in practice. Any decision maker under the MCA has got to follow procedures ‘prescribed by law’ in order to protect not only the rights of those using services but also their own professional position." Speaker: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Price: £125 plus VAT (£150). See PELT website for further information and booking details. See Events
- 07/12/17 (1): PELT: Mental Health Act Masterclass (new material) - Hoylake, 22/5/18 — Course description: "This course will allows Mental Health Act practitioners to reflect on and update their practice by ensuring they have an up-to-date understanding of the law. 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. How important is it to incorporate the Code into your practice? The Code states: 'Where the principles and guidance of the Code are not implemented, the CQC may use its regulatory powers to facilitate change and improvement in local services as a failure to apply the Act and its Code may show a breach of one of the registration requirements ...'" Fee: £125 + VAT (£150). See Peter Edwards Law website for further details. See Events