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Mental Health Law Online

The internet resource on mental health law, and mental capacity law, for England & Wales. You can sign up for free email updates, the online forum and the CPD scheme (which provides 12 hours for £60 and is suitable for lawyers and non-lawyers). The abbreviations are similar but MHLO, MHLA and MHLR are all different.

The main content of this website has been divided into Case law (2373), Legislation (378) and Resources (1,051), together with separate Information pages (328) to link everything together.

Forum topics

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Contacts

The Magic Book is a database of contact details which currently contains 306 pages.

News and updates

All the latest updates to the website can be seen on on the MHLO updates forum category. The five most recent appear here.

14/10/24: Case (Costs). Re AA (Costs) [2024] EWCOP 44 (T3) — AA's parents argued that the ICB should pay their costs.

14/10/24: Case (Death). Re AA (Withdrawal of life-sustaining treatment: No best interests decision) [2024] EWCOP 39 (T3) — The court application was left so late that there was only one "option" left which the clinicians were willing to accept (palliative care in the hospital) so the judge refused to make a best interests decision. The trust instead sought a declaration under the inherent jurisdiction, it seemed to the judge only to provide legal top cover as the treatment would be the same regardless of the court's decision, so the judge refused to make that order either.

14/10/24: Case (Covert medication and residence). Re A (Covert Medication: Residence) [2024] EWCA Civ 572 — The local authority and her own litigation friend appealed the court's decision that it was in her best interests to cease to be given covert medication, to be informed that she had been covertly medicated and to leave her care home and return to live with her mother.

14/10/24: Case (Covert medication and residence). Re A (Covert Medication: Residence) [2024] EWCOP 19 — A's mother argued that it was in A's best interests to return home to live with her, which involved detailed consideration of the covert medication which had been happening in the case home.

14/10/24: Case (Reporting). Berg v London Borough of Tower Hamlets [2024] EWFC 92 — Journalists applied to court for hearing transcripts and other documents relating to the deprivation of liberty of someone who is now an adult but at the time was a child.

Consultations

No open consultations.

To do

Things that will end up with their own MHLO pages, when I have time...

13/10/24: Morris v Morris & Ors [2024] EWHC 2554 (Ch)^B (09 October 2024) - forfeiture rule
08/10/24: Improving cross-sector support for children in complex situations with multiple needs task and finish group https://www.gov.uk/government/groups/improving-cross-sector-support-for-children-in-complex-situations-with-multiple-needs-task-and-finish-group
08/10/24: Law Commission - Disabled Children’s Social Care https://lawcom.gov.uk/project/disabled-childrens-social-care/ The consultation is open until 20 January 2025.
08/10/24: Stockton-on-Tees Borough Council (23 018 947) https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/23-018-947 Upheld 29/7/24 Summary: "Ms Y complained that professionals failed to understand her mother’s personality and wrongly determined she lacked capacity. Ms Y said this led to a decision to transfer her mother to a nursing home which caused her distress. In addition, she said it led to a hospital and a nursing home placing unnecessary restrictions on her mother. We have not found fault in the way professionals considered Mrs X’s capacity. However, we have found fault in the way a Council considered Mrs X’s best interests before placing her in a nursing home. This caused avoidable distress and we have recommended an apology and a small financial payment."
05/10/24: October 4, 2024 Alix Knowles: Prevention of Future Deaths Report https://www.judiciary.uk/prevention-of-future-death-reports/alix-knowles-prevention-of-future-deaths-report/ This report is being sent to: NHS England / Derby and Burton Hospital / Royal Stoke University Hospital
04/10/24: 39 Essex Chambers - Carrying out and recording capacity assessments March 2023 https://www.39essex.com/sites/default/files/2023-03/Mental%20Capacity%20Guidance%20Note%20Capacity%20Assessment%20March%202023.pdf https://www.39essex.com/information-hub/insight/mental-capacity-guidance-note-assessment-and-recording-capacity https://www.mentalcapacitylawandpolicy.org.uk/39-essex-chambers-guidance-note-carrying-out-and-recording-capacity-assessments-updated/
03/10/24: 2 October 2024 – Notice of outcome: 2024 Standard Civil Contract. "The procurement processes for the 2024 Standard Civil Contract have concluded. 1236 providers have been issued contracts across eleven categories of law. In addition, Housing Loss Prevention Advice Services have also commenced following the conclusion of the procurement processes. The directory of providers has been updated accordingly. A list of successful providers can be found in the ‘documents’ section above." https://www.gov.uk/government/publications/additional-procurement-civil-2024-contract-procurement-process?#full-publication-update-history - https://www.gov.uk/government/publications/directory-of-legal-aid-providers? - https://www.gov.uk/government/publications/civil-2024-contract-procurement-process?
03/10/24: A Council v An NHS Foundation Trust & Ors [2024] EWHC 874 (Fam)^B (26 January 2024)†
03/10/24: ABQ, R. v [2024] EWCA Crim 310^B (08 February 2024)†
03/10/24: Alder Hey Childrens NHS Foundation Trust (23 014 011a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-014-011a Statement Closed after initial enquiries Mental health services 29-Feb-2024 Summary: "We will not investigate Mrs X’s complaint about Sefton Metropolitan Borough Council not adhering to court orders, and the actions of a specific Social Worker. There is an ongoing Social Work England investigation, and Mrs X is planning to take legal action against the Council. We consider those bodies are better placed to consider her complaints."

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CPD

The CPD scheme is primarily aimed at mental health solicitors, and is an ideal way to evidence your continued competence, but is also suitable for barristers, psychiatrists, social workers and psychiatric nurses. For £60, you can obtain 12 CPD credits.

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