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December 2019 update

This page is automatically generated: it will only be complete at the end of the month. All monthly updates are available here: Archive of monthly updates.

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.
  • Cases. By the end of this month, Mental Health Law Online contained 2000 categorised cases


Cases

  • Case (Testamentary capacity). Todd v Parsons [2019] EWHC 3366 (Ch) — "The claim was opposed by the third defendant, challenging that will on the grounds of lack of testamentary capacity, want of knowledge and approval and undue influence. ... The traditional test for capacity is that laid down in Banks v Goodfellow (1870) LR 5 QB 549 ... In James v James [2018] WTLR 1313, I held that the traditional test still applied, and had not been replaced by that contained in the Mental Capacity Act 2005. Neither party argued before me that the test should now be that contained in the 2005 Act, although the third defendant reserved the right to argue otherwise on appeal. ... In my judgment the 2008 will is valid."
  • Case (Inadequate reasons for not absolutely discharging). SLL v Priory Healthcare Limited [2019] UKUT 323 (AAC) — The patient challenged the tribunal's decision to grant a conditional, rather than absolute, discharge. (1) Ground 1: Failure properly to apply the two-stage process required by s73(1) and (2). The MHRT had decided (under s73(1)) that the s72(1)(b)(i) (appropriateness) test was not met, and had moved straight to s73(2) (absolute or conditional discharge) without considering s72(1)(b)(ii) (necessity) or s72(1)(b)(iia) (appropriate treatment). The UT decided that the statute permitted the tribunal to stop once it had decided that it was not satisfied of the first s72 test. However, s73(2) required the tribunal to make findings on substantially similar matters, albeit on a forward-looking basis, and to make a decision on the type of discharge on the basis of those findings. Without express findings (in particular in relation to potential medical treatment for any psychotic condition the patient may suffer from) and an explanation of how the relevant factors were weighed (including the two factors discussed below) it was not possible to be sure how the tribunal reached its decision. The UT gave guidance in paras 33-35 on the findings likely to be required when considering s73(2), and in para 47 on the appropriateness of treatment with no realistic prospect of therapeutic benefit. (2) Ground 2: Failure to give adequate reasons. The Appellant had presented credible expert evidence that risk could be managed by future Part 2 detention rather than the recall power, so it was incumbent on the Tribunal to explain why it was not persuaded by that evidence: instead, it had merely quoted another doctor's evidence (which stated that recall would be available but did not grapple with the Part 2 issue) and said that this evidence was "more apt". The Appellant had also argued that the setting of a psychiatric hospital was positively harmful, and the tribunal had failed to explain its rejection of this argument. Taken as a whole it was not adequately clear why the tribunal was not satisfied that it was inappropriate for the Appellant to continue to be liable to recall to hospital for further treatment.

Events

  • Event. Event:Edge Training: MHA Admin & Management Skills (London, 30/1/20 and 31/1/20) — This course aims to provide mental health administration staff and hospital managers with the skills and knowledge needed to effectively manage the Act in practice. It considers the necessary tools to ensure effective compliance with the legislation and Code of Practice. Speaker: Cassie Finnigan. Cost: £300 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: BIA Legal Update - Annual Refresher (London, 31/1/20) — This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: (1) Consider the latest DoLS news, research and guidance; (2) Examine the latest case law relevant to DoLS and the BIA role; (3) Reflect on how the information covered affects BIA practice Speaker: Aasya Mughal. Cost: £150.00 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: DOLS Authorised Signatories Training Course (London, 7/2/20) — This course aims to provide guidance on the role of signatories and to update designated signatories in relation to the latest case law around their specific role within the DOLS procedures. Please note: this course is not designed for BIAs but specifically the role of local authority managers acting as authorised signatories. Speaker: Steven Richards. Cost: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: DoLS Mental Health Assessors Annual Refresher Course (London, 7/2/20) — This refresher course has been designed to meet the needs of DoLS Mental Health Assessors. It will cover key topics that cause uncertainty or dilemmas for MH Assessors and go over the main basic requirements of this challenging role. Common Mental Health Act and DoLS interface issues will also be addressed such as the law around the provision of mental health treatment under DoLS. Speaker: Aasya Mughal. Cost: £195 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: Liberty Protection Safeguards (London, 24/2/20) — This one-day course aims to provide a detailed analysis of the Liberty Protection Safeguards. 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: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: BIA Legal Update - Annual Refresher (London, 28/2/20) — This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: (1) Consider the latest DoLS news, research and guidance; (2) Examine the latest case law relevant to DoLS and the BIA role; (3) Reflect on how the information covered affects BIA practice. Speaker: Steven Richards. Cost: £150.00 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: Annual DOLS and LPS Conference (London, 2/3/20) — The DoLS & LPS Conference will consider topics that will address both present DoLS issues and also look to the future and consider the impact of LPS. Speakers: Lord Don Touhig, Steven Richards, Victoria Butler-Cole QC, Dr Camilla Parker, VoiceAbility, Aasya Mughal. Cost: £155 plus VAT (10% discount for groups of 10 or more in one booking). See Edge website for further details and booking information.
  • Event. Event:Edge Training: Level 3 Safeguarding Adults (London, 20/3/20) — This one-day Level 3 Safeguarding Adults training course offers delegates the opportunity to explore the legal framework, which underpins safeguarding adults work, and to explore the key challenges that may arise in practice. It will guide the delegates through the safeguarding adults process and focus on making safeguarding personal. Speaker: Dawn Revell. Cost: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: Liberty Protection Safeguards (online, 23/11/20) — This course, originally scheduled for 20/4/20, will now be held as a live webinar. This course aims to provide a detailed analysis of the Liberty Protection Safeguards. 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: £75 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: BIA Legal Update - Annual Refresher (webinar, 5/5/20 and 7/5/20) — This course, originally scheduled for 24/4/20, will be held as a single course split across two half-day webinars. This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: (a) Consider the latest DoLS news, research and guidance; (b) Examine the latest case law relevant to DoLS and the BIA role; (c) Reflect on how the information covered affects BIA practice. Speaker: Steven Richards. Cost: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: Transforming Care (London, 27/2/20) — The Transforming Care initiative in learning disability services means community services need to consider the most appropriate legal frameworks for individuals. This one day course aims to enable health and social services staff understand the different legal options for people with a learning disability. It includes the latest applicable case law, in particular around CTOs and conditional discharge. In particular, it considers the options available under the Mental Health Act, Mental Capacity Act and inherent jurisdiction looking at the criteria, powers and limitations of each. Speaker: Steven Richards. Cost: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: DOLS Mental Health Assessors Annual Refresher Course (online, 30/11/20) — This course, originally scheduled for 27/4/20, will now be held as a live webinar. This refresher course has been designed to meet the needs of DoLS Mental Health Assessors. It will cover key topics that cause uncertainty or dilemmas for MH Assessors and go over the main basic requirements of this challenging role. Common Mental Health Act and DoLS interface issues will also be addressed such as the law around the provision of mental health treatment under DoLS. Speaker: Aasya Mughal. Cost: £165 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: Hoarding and the Law (webinar, 1/5/20 and 4/5/20) — This course, originally scheduled for 1/5/20, will now be held as a single course split across two half-day webinars. This one-day interactive course for mental health and social care professionals reviews the different manifestations of hoarding and the possible origins of this behaviour, and then considers a range of possible responses under the law and where each one might be appropriate. Speaker: Simon Foster. Cost: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: Sexual relations, contraception, marriage and restricting contact (webinar, 28/4/20 and 30/4/20) — This course, originally scheduled for 1/5/20, will now be held as a single course split across two half-day webinars. This one-day course is designed to enable participants to understand mental capacity in these sensitive areas. Participants will gain awareness of the relevant case law in relation to capacity and (where relevant) best interests decision making. Guidance will be offered on the steps to take where an individual lacks capacity to consent in these areas, to ensure that they are adequately safeguarded, and legal obligations are met. Speaker: Steven Richards. Cost: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: Self Neglect and the Mental Capacity Act (London, summer 2020) — [Date changed to 2000 as course was cancelled.] This course, originally scheduled for 4/5/20, has either been postponed or will be converted to a webinar (TBC). 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: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: AMHP Legal Update (webinar, 11/5/20) — This course, originally scheduled for 11/5/20 as a face-to-face event, will now be held as a webinar. 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: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: Liberty Protection Safeguards (webinar, 6/5/20 and 20/5/20) — This course, originally scheduled for 15/5/20 in Manchester, will be held as two half-day webinars which can be booked separately. This one-day course aims to provide a detailed analysis of the Liberty Protection Safeguards. 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: £150 plus VAT. See Edge website (6/5/20 and 20/5/20) for further details and booking information.
  • Event. Event:Edge Training: Sexual relations, contraception, marriage and restricting contact (Manchester, summer 2020) — [Date changed to 2000 as course was cancelled.] This course was originally scheduled for 3/7/20 but might be postponed or converted into a webinar. This one-day course is designed to enable participants to understand mental capacity in these sensitive areas. Participants will gain awareness of the relevant case law in relation to capacity and (where relevant) best interests decision making. Guidance will be offered on the steps to take where an individual lacks capacity to consent in these areas, to ensure that they are adequately safeguarded, and legal obligations are met. Speaker: Steven Richards. Cost: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: Liberty Protection Safeguards (Manchester, autumn 2020) — [Date changed to "2000" as course was cancelled.] This course was originally scheduled for 25/9/20 and might either be postponed or converted to a webinar. This one-day course aims to provide a detailed analysis of the Liberty Protection Safeguards. 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: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Event:Edge Training: Transforming Care (online 10/11/20 and 11/11/20) — This course, originally scheduled for 6/11/20, will be delivered as a single training course delivered in two sessions via live webinar. The Transforming Care initiative in learning disability services means community services need to consider the most appropriate legal frameworks for individuals. This one-day course aims to enable health and social services staff understand the different legal options for people with a learning disability. It includes the latest applicable case law, in particular around CTOs and conditional discharge. In particular, it considers the options available under the Mental Health Act, Mental Capacity Act and inherent jurisdiction looking at the criteria, powers and limitations of each. Speaker: Steven Richards. Cost: £150 plus VAT. See Edge website for further details and booking information.

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