Main Page

Mental Health Law Online

The internet resource on mental health law, and mental capacity law, for England & Wales. You can read a review of the site here.

Updates

Subscribe to free email updates and join the email discussion list.

  • 25/04/19: Case (LPA witnessed by attorney). Re BGO: Office of the Public Guardian v PGO [2019] EWCOP 13 — "Some time later one of the financial institutions to which the registered property and affairs LPA was sent noticed that BGO’s signature on the instrument had been witnessed by one of the attorneys (MAB), which is contrary to the requirements of Regulations. ... The Public Guardian applied to the Court for a determination as to whether or not the requirements for creation of an LPA were met, and directions as to whether the Public Guardian should cancel the registration of the instrument. ... The wording of paragraph 18 of Schedule 1 is mandatory. Because the requirements of execution have not been met, I must direct the Public Guardian to cancel the registration of BGO’s LPAs. ... For many donors, the failure of their LPA because of a defect in execution can be overcome by the relatively simple step of granting fresh powers, taking care to ensure that the requirements are met – an irritation perhaps and an expense but not an insurmountable hurdle. However, that option is not open to BGO. Sadly, before this defect was identified, BGO’s capacity had deteriorated to the point where she is unable to execute fresh LPAs. ... In the absence of attorneys to manage her property and affairs, the Court may appoint a deputy or deputies. ... In respect of health and welfare, the Court may also appoint a deputy or deputies if considered appropriate, although it does so much more rarely. However, pursuant to section 20(5) of the Mental Capacity Act 2005, a deputy cannot be given powers to refuse consent to the carrying out or continuation of life-sustaining treatment. In her welfare instrument, BGO had ticked the box to confirm that she wanted to give her attorneys this power. On the failure of her LPA, there is no means for the Court to give effect to her wishes in this respect. ... The Respondents are invited to make an application for appointment as property and affairs deputies for BGO. ... If the Respondents, or any of them, seek the appointment of a welfare deputy or deputies for BGO, they should also file at Court within 28 days a COP24 statement which sets out any welfare issues which require decisions to be made, why (having regard to s5 of the Mental Capacity Act 2005) an order is needed and why (having regard to section 16(4) of the Act) the decisions should be taken by a deputy rather than the Court."
  • 24/04/19: General consent granted for medical leave. Natalya O'Prey, 'Authority to use medical leave' (Dear Colleague letter from MHCS to all hospitals detaining restricted patients, 18/4/19) — The Secretary of State for Justice has provided all responsible clinicians at any hospital with general consent to exercise their power to grant leave for medical treatment. This general consent does not apply to (a) patients who already have specifically-agreed terms for medical leave; or (b) "high profile" cases (i.e. those which merit attention from a senior manager at all stages). The precise terms are set out three annexes: (A) any restricted patient at high secure hospitals; (B) section 45A, 47/49, and 48/49 patients in other hospitals; (C) section 37/41 or equivalent in other hospitals.
  • 22/04/19: Event. Northumbria University: BIA Refresher - Newcastle, 24/5/19 — Health and Social Care professionals who are qualified as Mental Capacity Act Best Interest Assessors (BIAs) are statutorily required to complete annual refresher training. This programme provides this statutory refresher training, and is being delivered in a new conference style format. Speakers: Neil Allen, Lorraine Currie, Wayne Martin. Price: £110. See Northumbria University website for further details and booking information.


See also:

CPD

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

Magic Book

The Magic Book is a database of contact details - please contribute to it (the process is quick and simple).

Events

Advertise your events here

RSS feeds

Items from Bailii and various blogs have been moved temporarily to the RSS feeds page.