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December 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. Richards v Worcestershire County Council [2017] EWCA Civ 1998 — Executive summary and conclusion from judgment: "The claimant has a long history of mental illness, following frontal lobe injury which he sustained in a road traffic accident 33 years ago. He received damages following the accident, which his deputy administers. The claimant was compulsorily detained in hospital under section 3 of the Mental Health Act 1983 in 2004. Following his discharge from hospital he has received various after-care services. The claimant's deputy funded the services between 2004 and 2013. The defendants have funded those services since 2013. The claimant by his deputy now seeks to recover the costs of the after-care services between 2004 and 2013 (including 18 months residential placement) on the grounds that the defendants are liable for the costs under section 117 of the 1983 Act. The defendants applied to strike out the claim as an abuse of process. The judge rejected that application. The defendants now appeal on two grounds: first, the claimant should have brought his claim by judicial review; secondly, the defendants' alleged non-compliance with section 117 of the 1983 Act does not entitle the claimant to recover damages for unjust enrichment or restitution. The first ground of appeal raises a clean point of law, capable of resolution on the basis of the pleadings. I decide that point against the defendants. The second ground of appeal (despite its formulation as a point of law) raises questions of fact which are hotly contested. This is not, therefore, suitable for resolution on an application to strike out. In the result, therefore, if my Lords agree, this appeal will be dismissed."

Other

  • 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 [2017] EWCA Civ 1704M; (5) R(CXF) v Central Bedfordshire Council [2017] EWHC 2311 (Admin)M; (6) Burden of Proof in discrimination claims in the Employment Tribunal - Ayodele v Citylink [2017] EWCA Civ 1913B.
  • JR guide. Judiciary for England and Wales, 'The Administrative Court Judicial Review Guide 2017' (dated July 2017, published 7/11/17) — Extract from preface to the 2017 edition: "This Guide provides a general explanation of the work and practice of the Administrative Court. It is designed to make it easier for parties to conduct judicial reviews in the Administrative Court, by drawing together into one place the relevant statutory provisions, rules of procedure, practice directions, and case law on procedural aspects of judicial review. It provides general guidance as to how litigation in the Administrative Court should be conducted in order to achieve the overriding objective of dealing with cases justly and at proportionate cost. The Guide has been prepared with all Court users in mind, whether they are persons who lack legal representation (known as “litigants in person”) or persons who have legal representation. We invite all Court users to follow this Guide when they prepare and present their cases." Newer version: Judiciary for England and Wales, 'The Administrative Court Judicial Review Guide 2020 (1/9/20).

Books

  • COP book. Alex Ruck Keene et al, Court of Protection Handbook: A User's Guide (2nd rev edn, LAG 2017). You can purchase the revised second edition in paperback, or read the free Kindle supplement to the second edition. The supplement contains the following headings: capacity; best interests; informal decision-making and the role of the Court of Protection; case management; the participation of P; public funding; deprivation of liberty: statutory wills, gifts and powers of attorney; human rights; destination table. It also contains the full text of the Court of Protection Rules 2017.

Events

  • PELT: DOL made simple - Hoylake, 13/12/17 — No results See Events
  • PELT: Introduction to COP, including s21A appeals - Hoylake, 14/2/18 — No results See Events
  • PELT: Introduction to the Mental Health Act - Hoylake, 20/3/18 — No results See Events
  • PELT: Introduction to MCA and DOLS - Hoylake, 17/4/18 — No results See Events
  • PELT: Depriving Children and Young People of their liberty lawfully - Hoylake, 19/4/18 — No results See Events
  • PELT: Court of Protection Masterclass (new material) - Hoylake, 15/5/18 — No results See Events
  • PELT: Mental Health Act Masterclass (new material) - Hoylake, 22/5/18 — No results See Events

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