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August 2018 update

Website

  • Magic Book. The Magic Book is a database of contact details. The main idea is to add the hospitals and other places you visit (not just your own place of work). 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

  • MHT capacity case. VS v St Andrew's Healthcare [2018] UKUT 250 (AAC) — (1) The capacity that a patient must have in order to make a valid MHT application is that the patient must understand that he is being detained against his wishes and that the First-tier Tribunal is a body that will be able to decide whether he should be released. This is a lower threshold than the capacity to conduct proceedings. (2) (Obiter) a solicitor appointed under rule 11(7)(b) can request to withdraw an application in the best interests of the patient, but on the facts the tribunal had been entitled to give effect to the patient's own desire to come before a tribunal. (3) When a tribunal lacks jurisdiction it should strike out the proceedings but (obiter) if the proceedings were fair then the use of withdrawal rather than strike out is unlikely to be a material error of law.
  • Medical case. Y v A Healthcare NHS Trust [2018] EWCOP 18 — "This application was made by Y on 12 July 2018 when I was sitting as the emergency applications judge. It required urgent determination by reason of the critical medical condition of Z, Y's husband. Y sought the following relief: (a) A declaration that, notwithstanding her husband's incapacity and his inability to consent, it was lawful and in his best interests for his sperm to be retrieved and stored prior to his death; (b) An order pursuant to section 16 of the Mental Capacity Act 2005 directing that a suitable person should sign the relevant consent form for the storage of Z's sperm on her husband's behalf."
  • Criminal appeal case. R v Taj [2018] EWCA Crim 1743 — (1) Appeal against conviction: "The defence sought to rely on self-defence as codified in s76 Criminal Justice and Immigration Act 2008 noting, in particular, s76(4)(b) which makes it clear that the defence is available even if the defendant is mistaken as to the circumstances as he genuinely believed them to be whether or not the mistake was a reasonable one for him to have made. Although s76(5) provides that a defendant is not entitled to rely upon any mistaken belief attributable to intoxication that was voluntarily induced, it was argued that as there was no suggestion that Taj had alcohol or drugs present in his system at the time, he was not 'intoxicated' and so was not deprived of the defence. It was also submitted that R v McGee, R v Harris, R v Coley [2013] EWCA Crim 223 supported the proposition that to be in a state of 'voluntarily intoxication' there had to be alcohol or drugs active in the system at the time of the offence. ... In our view, the words "attributable to intoxication" in s. 76(5) are broad enough to encompass both (a) a mistaken state of mind as a result of being drunk or intoxicated at the time and (b) a mistaken state of mind immediately and proximately consequent upon earlier drink or drug-taking, so that even though the person concerned is not drunk or intoxicated at the time, the short-term effects can be shown to have triggered subsequent episodes of e.g. paranoia. This is consistent with common law principles. We repeat that this conclusion does not extend to long term mental illness precipitated (perhaps over a considerable period) by alcohol or drug misuse. In the circumstances, we agree with Judge Dodgson, that the phrase "attributable to intoxication" is not confined to cases in which alcohol or drugs are still present in a defendant's system. It is unnecessary for us to consider whether this analysis affects the decision in Harris: it is sufficient to underline that the potential significance of voluntary intoxication in the two cases differs." The appeal against conviction was dismissed. (2) The application for leave to appeal against sentence was refused.
  • Children/DOL case. Re A-F (Children) (No 2) [2018] EWHC 2129 (Fam) — "The purpose of the hearing, as it developed, was to deal with four matters: (i) A review of any relevant developments since the previous hearing in August 2017. (ii) The making of final orders. (iii) In that context, consideration of the implications of the fact that two of the children with whom I am concerned either have had or will, during the currency of the final order, if granted, have their sixteenth birthday. (iv) The formulation, if possible, of standard forms of order for use in such cases."

Events

  • Event. Edge Training: BIA Legal Update (Annual Refresher) - London, 17/8/18 — 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: Aasya Mughal. Cost: £140 plus VAT. See Edge website for further details and booking information
  • Event. Edge Training: DOLS: a new beginning? - London, 14/9/18 — This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards contained in the Mental Capacity (Amendment) Bill 2017-19 [HL] that is currently before Parliament. The course considers the differences between DoLS and LPS and looks at what the new process will be and who will be affected. Speaker: Steven Richards. Cost: £140 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: MCA and Tenancy Agreements - London, 21/9/18 — 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 Edge website for further details and booking information.
  • Event. Edge Training: BIA Legal Update (Annual Refresher) - London, 24/9/18 — 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: Aasya Mughal. Cost: £140 plus VAT. See Edge Training website for further details and booking information
  • Event. PELT: Introduction to the Mental Health Act - Hoylake, 18/9/18 — The basic course is for all those who need an understanding of the MHA and Code and how it works in practice. It is aimed at all those whose work involves working with those detained, or who may be detained, under the MHA. Comments from previous course – “Found the course excellent” - “Well presented” - “Very interesting”. Speaker: Peter Edwards. CPD: 5 hours (solicitors), 5.25 hours (psychiatrists). Cost: £125 plus VAT. See Peter Edwards Law website for further details and booking information.
  • Event. PELT: Introduction to MCA and DOLS - Hoylake, 17/10/18 — 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. 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. Cost: £125 plus VAT. See Edwards Law website for further details and booking information.
  • Event. PELT: Depriving Children and Young People of their liberty lawfully - Hoylake, 29/11/18 — DOLs start at 18. MCA: 16. MHA: no minimum age for detention. Considering 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? Cost: £125 plus VAT. See Peter Edwards Law website for further details and booking information.
  • Event. PELT: Court of Protection Masterclass (new material) - Hoylake, 6/12/18 — This course will review the all the recent developments in Court of Protection cases. It will include the latest COP cases on deprivation of liberty, capacity, health and welfare, Legal Aid, and treatment, and what practitioners can learn from these cases that will promote effective and lawful practice. It will examine the new Court of Protection Rules and in particular the emphasis of putting P at the centre. How can this be effectively achieved? The developing role of ALRs and how can they be utilised, and what will be the implications for litigation friends and IMCAs? Cost: £125 plus VAT. See Peter Edwards Law website for further details and booking information.
  • Event. PELT: Introduction to COP, including s21A appeals - Hoylake, 13/12/18 — The Court of Protection has a very wide ambit potential touching the lives of many vulnerable people. It is now the place where deprivation of liberty safeguards and procedures are authorised or challenged and where arguments about capacity or 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. Cost: £125 plus VAT. See Peter Edwards Law website for further details and booking information.
  • Event. MHLA: Advocacy, Risk and Cross-examination - Leicester, 15/10/18 — This one-day course is designed to enhance advocacy and case preparation skills. The focus is on preparing for advocacy, with advice on cross-examination of the medical witnesses and taking evidence-in-chief from the client, along with formulation and delivery of effective submissions. Price: £150 (MHLA members); £195 (non-members). See MHLA website for further details and booking information.
  • Event. MHLA: Refresher and Re-accreditation course - London, 3/10/18 — This course will be suitable for those seeking re-accreditation (by reviewing the legal and procedural developments of the last three years; providing a forum for discussing these along with the re-accreditation process; fulfilling the requirement to obtain six mental health CPD points for re-accreditation). It will also be of interest to anyone wishing to further their knowledge of mental health law and practice. Price: £150 (MHLA members); £195 (non-members). See MHLA website for further details and booking information
  • Event. MHLA: Foundation course - London, 29/8/18 — This course is aimed at new practitioners and those intending to attend the panel course in the near future. Attendance at the foundation course is strongly recommended in order to achieve a sound understanding of the basic principles of mental health law, practice and procedure and in order to achieve the most from the two-day panel course, which is a pre-requisite for application to the Law Society’s mental health panel. Speakers: Sarah Burke and Tam Gill. Price: £150 (MHLA members); £195 (non-members). See MHLA website for further details and booking information.
  • Event. Edge Training: MHA admin and management skills - London, 13/12/18 and 14/12/18 — This two-day course aims to provide mental health administration staff and hospital managers with the skills and knowledge needed to manage the Act effectively in practice. It considers the necessary tools to ensure effective compliance with the legislation and Code of Practice. Speakers: Stephen Klein and Cassie Finnigan. Cost: £280.00 plus VAT. See Edge website for further details and booking information. [Cancelled so changing date to be in the past.]
  • Event. Edge Training: Self Neglect and the Mental Capacity Act - London, 26/11/18 — This one-day course aims to enable delegates to consider the application of the Mental Capacity Act 2005 in relation to cases of self -neglect through the safeguarding adults procedures. It is for all staff involved in contributing to or making safeguarding enquiries where the adult at risk is self-neglecting. This could include social workers, community care officers, social care workers, social care managers, GPs, practice nurses, heads of quality, chief nurses, designated nurses for safeguarding adults, occupational therapists, psychologists and psychiatrists. Speaker: Dawn Revell. Cost: £140 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: Deprivation of liberty, children and young people - London, 16/11/18 — 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 the 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. See Edge website for further details and booking information.
  • Event. Edge Training: AMHP Legal Update - London, 5/10/18 — The main aim is to give AMHPs the opportunity to update their legal knowledge and skills regarding their work under the Mental Health Act 1983. This update has a focus on practice dilemmas arising from recent statutory changes as well as case law developments. Speaker: Rob Brown. Cost: £140 plus VAT. See Edge website for further details and booking information.

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