December 2023 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 2343 categorised cases

• Chronology. See December 2023 chronology for this month's changes to the website in date order.

Cases

• Case (Renewal and remote assessments). Derbyshire Healthcare NHS Foundation Trust v SSHSC [2023] EWHC 3182 (Admin) — Remote assessment insufficient for renewal of s3, guardianship or CTO (no decision in relation to initial discharge onto CTO).

Resources

• LPS criticism. Anselm Eldergill, 'LPS weaknesses' (LinkedIn, 13/12/23) — The proposed LPS scheme is described as having the following fundamental weaknesses (paraphrased): (1) it "bakes in" the illegality of DOLS and "seems designed to permit citizens to be deprived of their liberty for months on end without any legal authorisation in place"; (2) it permits the COP to detain people who are detainable under the MHA; (3) the mental disorder condition is not ECHR compliant; (4) arguably, DOLS also does not incorporate the second Winterwerp condition; (5) it is no simpler or less bureaucratic, in reality the same six requirements remain, and the procedures are labyrinthine; (6) the legal liability provisions leave practitioners dangerously exposed. (The second Winterwerp condition is that the mental disorder must be of a kind or degree warranting compulsory confinement.)

• Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 136, December 2023) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the least worst option as regards compulsory feeding, putting values properly into the mix and the need for a decision actually to be in contemplation before capacity is considered; (2) In the Property and Affairs Report: relief from forfeiture in a very sad case; (3) In the Practice and Procedure Report: counting the costs of delay, guidance on termination cases, and a consultation on increasing Court of Protection feeds; (4) In the Wider Context Report: forgetting to think and paying the price, the cost of getting it wrong as litigation friend, Wales potentially striking out alone on mental health reform, and a review of Arianna’s book on social care charging; (5) In the Scotland Report: reduction of a Will: incapacity and various vitiating factors, and an update on law reform progress."

Social media

Nothing to report this month.

Other items

• Dec 2023: Civil Justice Council, 'Procedure for Determining Mental Capacity in Civil Proceedings Working Group: Consultation Paper' (consultation from 15/12/23 to 17/3/24)
• Dec 2023: TPC, 'Reply to Consultation and Further Consultation on possible amendments to the TPR regarding proposed changes to the way that the FTT decides cases referred to the Tribunal pursuant to s.68 MHA' (consultation from 19/12/23 to 13/2/24)
• Dec 2023: Practice Guidance: Recording of hearings in the HESC and transcription of recordings (Presidential guidance note no 3 of 2003, 14/12/23) and Sarah Johnston, 'Recording in hearings' (Letter, 15/12/23).
• Dec 2023: https://www.communitycare.co.uk/2023/08/18/legal-analysis-the-supreme-courts-verdict-on-ordinary-residence-and-mental-health-aftercare/
• Dec 2023: Anselm Eldergill, 'LPS weaknesses' (LinkedIn, 13/12/23)

=Has been added to MHLO
=Only appears in this list