January 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 1932 categorised cases
- Chronology. See January 2019 chronology for this month's changes to the website in date order.
Cases
- Case (False imprisonment and damages). R (Jollah) v SSHD [2018] EWCA Civ 1260 — "The context is one of immigration detention. The claimant, who is the respondent to this appeal (and who for present purposes I will call "IJ"), was made subject to a curfew restriction between the hours of 23.00 and 07.00 for a period between 3 February 2014 and 14 July 2016, pending potential deportation. Such curfew was imposed by those acting on behalf of the appellant Secretary of State purportedly pursuant to the provisions of paragraph 2 (5) of Schedule 3 to the Immigration Act 1971 (as it then stood). It has, however, been accepted in these proceedings that, in the light of subsequent Court of Appeal authority, there was no power to impose a curfew under those provisions. Consequently, the curfew was unlawfully imposed. The question arising is whether IJ is entitled to damages for false imprisonment in respect of the time during which he was subject to the unlawful curfew. The trial judge, Lewis J, decided that he was. Having so decided, the judge at a subsequent hearing assessed the damages at £4,000: [2017] EWHC 330 (Admin)B; [2017] EWHC 2821 (Admin)B. The Secretary of State now appeals, with leave granted by the judge, against the decision that IJ was entitled to damages for false imprisonment. IJ cross-appeals, with leave granted by Singh LJ, against the amount of the award of damages. It is said on behalf of IJ that a much greater award should have been made."
- Case (Inherent jurisdiction to authorise DOL of vulnerable adult). A Local Authority v BF [2018] EWCA Civ 2962 — An interim order made on 10/12/18 required BF to reside at a care home, over Christmas, and not at his own or his son's home, despite BF's having capacity to make decisions about his residence and wanting to return home. The order was expressed to last until a further hearing to take place no later than 31/1/19 (later fixed for 16/1/19) when the judge could hear full argument on what relief could be granted pursuant to the inherent jurisdiction. The local authority appealed on the basis that the order infringed Article 5. Permission to appeal was refused: (1) BF is a vulnerable adult (old, blind, infirm, in a squalid and dangerous home, with undue influence present in relationship with son) who needs protection despite not lacking capacity. (2) The test of "unsound mind" is different from the test of capacity, and there is prima facie evidence that he may be of unsound mind. (3) In an emergency situation, someone may be deprived of their liberty in the absence of evidence of mental disorder without infringing Article 5 (Winterwerp); even if BF is found not to be of unsound mind, his vulnerability is such that he could not be returned home without careful planning, which is a crucial component of the protection afforded by the inherent jurisdiction.
- Case (Infanticide wrongly withdrawn from jury). R v Tunstill [2018] EWCA Crim 1696 — "This was a case where the child was killed soon after birth so that this case can be distinguished from the situation where mental ill health, usually post-partum psychosis, develops over a period of time. Nonetheless, there was evidence from Dr Bashir and Dr Khisty which showed that notwithstanding the existence of the appellant's pre-birth mental disorder, the effects of giving birth had led to a further condition, characterised by Dr Bashir as an acute stress reaction which was a causative factor in disturbing the balance of the appellant's mind. The issue of causation is a matter of fact for a jury after appropriate direction from a judge as to what can constitute a legally effective cause. For the reasons given, we consider that the effects of birth are not required by s.1(1) to be the sole cause of a disturbance of balance of the mind. In the circumstances, we are persuaded that the judge should not have withdrawn infanticide from the jury. There was evidence fit for the jury's consideration. It is not for this court to assess the likelihood of its success. Dr Barlow's evidence was to the contrary, but the issue for us is whether a jury should have had this alternative option to consider. We think it should have had that opportunity. In the circumstances, therefore, the conviction for murder is unsafe and the verdict is quashed. In our judgment, the interests of justice require a re-trial and we so order."
- Case (Damages for unlawful immigration detention). R (Adegun) v SSHD [2019] EWHC 22 (Admin) — "There are two bases of challenge to Mr Adegun's detention which, in broad outline, are as follows. ... There is first an issue, which I shall call the "rule 34 issue", as to whether Mr Adegun declined a medical examination pursuant to rule 34 of the Detention Centre Rules when he was taken into detention. ... The second issue I shall call the "paragraph 55.10 issue". It arises because there is evidence, not disputed by the Secretary of State, that Mr Adegun was suffering from a mental health condition which was not recognised by the Home Office until some time after his admission into detention and was not treated with medication until 19 January 2016. ... I therefore propose to award nominal damages in respect of the early period of Mr Adegun's detention and substantial damages in respect of 40 days' detention."
- Case (Meaning of "nature" in discharge criteria). LW v Cornwall Partnership NHS Foundation Trust [2018] UKUT 408 (AAC) — (1) Having considered the statutory framework of CTOs and the legislative purposes behind them the UT concluded, primarily on that basis, that in cases where there is a risk of a relapse which might necessitate recall, how soon that such a relapse is likely to occur is a relevant consideration. However, other factors, including the risk to the patient and/or others if a relapse were to occur, may also be relevant, and there is no requirement for likely relapse to be "soon", "in the near future" or within the permitted duration of a CTO. (2) Addressing the claimants' arguments on the analogy between detention and CTO cases, the judge stated that while there are some parallels between the s3 regime and CTOs they are not such that the same principles necessarily apply to both, and (to the extent necessary to reach a view on the detention cases) neither of the previous judgments cited in CM v Derbyshire Healthcare NHS Foundation Trust [2011] UKUT 129 (AAC) provided an authoritative basis for the view that imminence of relapse is the only factor or need be in the near future.
- Case (John Blavo personally ordered to repay Legal Aid claims). Lord Chancellor v Blavo and Co Solictors Ltd [2018] EWHC 3556 (QB) — The High Court gave judgment for the Lord Chancellor against John Blavo in the sum of £22,136,001.71 following the allegation that Blavo & Co made dishonest claims for payment on the legal aid fund for thousands of cases where it was not entitled to any fee.
- Case (Intervention costs statutory demands). John Blavo v Law Society [2018] EWCA Civ 2250 — The Law Society successfully appealed against a decision to set aside two statutory demands (of £151,816.27 and £643,489.20) which had been served on John Blavo in relation to costs incurred in respect of the intervention into his practice.
Legislation
- Legislation. Assaults on Emergency Workers (Offences) Act 2018 — This Act creates: (1) a new either-way offence of assault or battery committed against an emergency worker with a maximum sentence of 12 months, or a fine, or both; (2) a statutory aggravating factor for various offences when committed against an emergency worker. In force 13/11/18.
Resources
- Article. Richard Jones, 'Response to MHA Review (5): MHA or MCA?' (29/1/19) — This article argues against the MHA Review's recommendation that patients who lack capacity to consent to admission or treatment for mental disorder, but who are clearly not objecting, should only be detained under the MCA.
- . Ministry of Justice, 'Revising the Mental Capacity Act 2005 Code of Practice: Call for evidence' (consultation from 24/1/19 to 7/3/19) — Extract: "Since the MCA came into force in 2007, the COP has been used extensively by a wide range of stakeholders. In light of changes in case law, and lessons learned through practical use of the COP over the past 11 years, revision of the COP is required in order to better reflect current needs. The Act itself is currently not under review, however the survey below provides an opportunity to comment on the practical guidance outlined in the COP. Comments received will inform decisions to revise, update and where relevant to provide further guidance in the COP."
- Scottish guidance. Scottish Government, 'Mental Health Law in Scotland: A Guide to Named Persons' (15/1/19) — "A named person is someone who can look after your interests if you are cared for or treated under mental health legislation. This guide provides information to help you understand your rights."
- FOIA response. Ministry of Justice, 'FOIA response 181221028: DOL conditions' (23/1/19) — In response to a FOIA request the MOJ have stated that (paraphrased): (1) There are 2712 conditionally-discharged patients. (2) A database search for the keywords "escorted" and "accompanied" identified 39 cases where the patient has a condition not to go into the community unless escorted or accompanied by staff. (3) A database search for the keyword "permission" did not identify any cases where the patient has a condition not to leave without permission. (4) It cannot be known for certain that these conditions amount to confinement for Article 5 purposes until each case is examined in discussion with the RC. (5) No information can be provided about capacity to abide by the conditions as this information is not held (information about capacity held within RCs' reports is not considered to be sufficiently recent). (6) There may be more than these 39 cases because: (a) the wording of conditions varies considerably; and (b) it is likely that in some cases the care plan, rather than a condition, includes arrangements that amount to a deprivation of liberty (RCs and others have been asked to contact the MOJ for advice in such cases).
- Article. Richard Jones, 'Response to MHA Review (3): Jurisdiction of the First-tier Tribunal' (28/12/18) — This article considers the MHA Review's recommendations in relation to the Mental Health Tribunal.
- Article. Richard Jones, 'Response to MHA Review (4): Bureaucratic burdens' (14/1/19) — This article argues that the MHA Review's recommendations would lead to an unnecessary increase in bureaucracy.
- Article. Richard Jones, 'Response to MHA Review (2): Managers' hearings' (10/12/18) — This article considers the MHA Review's recommendations in relation to hospital managers' hearings.
- Article. Richard Jones, 'Response to MHA Review (1): Removing the distinction between s2 and s3' (8/12/18) — This article discusses the fact that the MHA Review does not recommend merging s2 and s3.
- Conditional discharge/DOL guidance. HM Prison and Probation Service, 'Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019) — The aim of this this operational policy is to ensure that, where appropriate, restricted patients can continue their rehabilitation in a community-based setting following the Supreme Court's decision in SSJ v MM [2018] UKSC 60. For patients who lack capacity to consent to deprivation of liberty and the risk is to themselves, the solution is to allow conditional discharge with deprivation of liberty authorised under the Mental Capacity Act 2005. For patients who lack capacity and the risk is to others, and also for patients who have capacity, the solution, if further treatment and rehabilitation could be given in a community setting, is to consider long-term s17 escorted leave (use of the inherent jurisdiction is not considered to be the correct approach). The leave of absence would be for an initial period of up to 12 months. For patients already on conditional discharge, the following options will be considered: (a) variation of conditions; (b) recall, with or without instantaneous grant of escorted leave to the current placement; (c) absolute discharge; (d) referral to tribunal. The policy mentions reassessing patients who present risks to themselves in order to see if they lack capacity after all, which may an MCA authorisation possible.
- Proposed statutory DOL definition. Luke Haynes and Mithran Samuel, 'Government issues deprivation of liberty definition in bid to provide clarity to practitioners' (Community Care, 11/1/19) — Subheading: "Ministers’ amendment to DoLS replacement bill sets out when a person would not be deprived of liberty, but sparks concerns over compatibility with human rights law".
- CPS guidance. Crown Prosecution Service, 'Prosecution Guidance: Assaults on Emergency Workers (Offences) Act 2018' (13/11/18) — Extract: "Headlines: (1) Police and prosecutors should cease charging the existing offences of common assault, battery, assaulting a police officer in the execution of their duty and other existing similar offences where the complainant is an emergency worker (in accordance with the definition in the Act). Prosecutors should charge under the provisions of the 2018 Act as at the commencement of the legislation where there is sufficient evidence for a realistic prospect of conviction and a prosecution is required in the public interest. (2) Police should charge the offence at section 1 of the 2018 Act (where a guilty plea is anticipated and the offence is suitable for sentence in a magistrates’ court) in preference to existing summary offences that apply to assaults against emergency workers."
- MOJ circular. Ministry of Justice, 'Circular 2018/01: Assaults on Emergency Workers (Offences) Act 2018' (13/11/18) — Extract from document: "The purpose of this circular is to provide guidance on the Act’s provisions. The circular is for guidance only and should not be regarded as providing legal advice. Guidance for prosecutors on the new offence of assault on an emergency worker contained in the Act will be made available on the CPS website. The CPS are responsible for advising police for the purposes of criminal proceedings. For other operational advice, police should seek advice from their own legal advisors."
Events
- Event. Event:PELT: Becoming a Mental Health Act administrator - the basics (new course) - Hoylake, 12/2/19 — This new course is designed to equip new or less-experienced MHAAs with the tools to do their job effectively. It will assume little or no knowledge of the MHA. Speaker: Peter Edwards. Price: £125 plus VAT. See Peter Edwards Law website for further details and booking information.
- Event. Event:PELT: Advanced course for MHAAs (new course) - Hoylake, 13/2/19 — Being a MHAA is a demanding role where you are often expected to perform many and various tasks. This course assumes basic knowledge and experience and will examine the many demands of job and provide some effective and legal coping mechanisms including keeping the CQC happy. In addition to the MHA, the Code and the Regulations the course will analyse the relevance and implications of case law. It will also look at how the MCA and DoLs dovetail into the MHA. The course will enable a group of experienced MHAAs to get together and share both the demands of the job and some solutions. Speaker: Peter Edwards. Price: £125 plus VAT. See Peter Edwards Law website for further details and booking information.
- Event. Event:PELT: Introduction to the Mental Health Act - Hoylake, 26/2/19 — 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. Speaker: Peter Edwards. Price: £125 plus VAT. See Peter Edwards Law website for further details and booking information.
- Event. Event:PELT: Introduction to MCA and DOLS - Hoylake, 10/4/19 — 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 their 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. Speaker: Peter Edwards. Price: £125 plus VAT. See Peter Edwards Law website for further details and booking information.
- Event. Event:PELT: Depriving Children and Young People of their liberty lawfully - Hoylake, 9/5/19 — "DoLs start at 18. MCA 16. MHA no minimum age for detention. How to lawfully deprive a child or young person of their 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 s.25 Children Act (secure accommodation) fit in?" Speaker: Peter Edwards. Price: £125 plus VAT. See Peter Edwards Law website for further details and booking information.
- Event. Event:PELT: Mental Health Act Masterclass (new material) - Hoylake, 14/5/19 — This course will allow practitioners to reflect on and update their practice by ensuring they have an up-to-date understanding of the law. The contents of the course will be up to date and reflect any changes or significant developments which affect lawful practice. Speaker: Peter Edwards. Price: £125 plus VAT. See Peter Edwards Law website for further details and booking information.
- Event. Event:PELT: Court of Protection Masterclass (new material) - Hoylake, 17/6/19 — This course reviews 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 also cover the developing role of ALRs and how they can be utilised, and what the implications will be for litigation friends and IMCAs. Speaker: Peter Edwards. Price: £125 plus VAT. See Peter Edwards Law website for further details and booking information.
- Event. Event:PELT: Introduction to using Court of Protection - Hoylake, 5/6/19 — The Court of Protection has a very wide ambit, potentially 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. Speaker: Peter Edwards. Price: £125 plus VAT. See Peter Edwards Law website for further details and booking information.
- Event. Event:Edge Training: BIA Report Writing - London, 26/4/19 — This course is targeted specifically at qualified Best Interests Assessors (BIAs) and aims to provide them with the knowledge and skills needed to ensure robust and legally defensible assessments under the Deprivation of Liberty Safeguarding (DoLS). Speaker: Piers McNeil. Price: £140 plus VAT. See Edge Training website for further details and booking information.
- Event. Event:Edge Training: Understanding the Court of Protection - London, 15/3/19 — This one day course is designed to enable participants to feel equipped to attend the Court of Protection and to ensure they know what to expect: the best way to give evidence; the key court of protection roles; courtroom etiquette and terminology. The course will help delegates prepare to give evidence and deal with challenging questioning. A barrister in the field will give them tips on staying calm and composed under pressure and ensuring the evidence they give is fair, balanced and accurately represents application of the key components of the Mental Capacity Act to the Court of Protection judge. Speaker: Sophy Miles. Price: £140 plus VAT. See Edge Training website for further details and booking information.
- Event. Event:Edge Training: DOLS Conference - London, 8/3/19 — Speakers: Mr Justice Baker (RPR Selection, Duties and Responsibilities), Sneha Khilay (Unconscious Bias and DoLS Assessments), Alex Ruck Keene (A DoLS Case Law Update), Steven Richards (The Future: Liberty Protection Safeguards - where are we now?), Mr E (The Bournewood judgment and the impact of the Liberty Protection Safeguards?). Chair: Aasya Mughal. Price: £145 plus VAT. See Edge Training website for further details and booking information.
- Event. Event:Edge Training: Level 3 Safeguarding Adults, London 4/3/19 — 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. Price: £140 plus VAT. See Edge Training website for further details and booking information.
- Event. Event:Edge Training: DOLS Authorised Signatories - London, 25/2/19 — 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. Price: £140 plus VAT. See Edge Training website for further details and booking information.
- Event. Event:Edge Training: Liberty Protection Safeguards - Sheffield, 1/2/19 — This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards contained in the Mental Capacity (Amendment) Bill 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. Price: £140 plus VAT. See Edge Training website for further details and booking information.
- Event. Event:Edge Training: BIA Legal Update (Annual Refresher) - London, 1/2/19 — 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. Price: £140 plus VAT. See Edge Training website for further details and booking information.
- Event. Event:Edge Training: Liberty Protection Safeguards - London, 28/1/19 — This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards contained in the Mental Capacity (Amendment) Bill 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. Price: £140 plus VAT. See Edge Training website for further details and booking information.
- Event. Event:Edge Training: DOL, children and young people - London, 22/3/19 — 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. Price: £140 plus VAT. See Edge Training website for further details and booking information.
- Event. Event:Edge Training: AMHP Legal Update - London, 18/3/19 — 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. Price: £140 plus VAT. See Edge Training website for further details and booking information.
Jobs
- Job advert. Solent NHS Trust, Portsmouth - Mental Health Act and Mental Capacity Act Lead (deadline 24/1/19). See Jobs
- Job advert. Cale Solicitors, Greenwich - Mental Health Law Solicitor/Legal Executive (deadline 28/1/19). See Jobs
- Job advert. Morgan Cullen and Ball Ltd, Birmingham - Mental Health Law Supervisor (deadline 21/1/19). See Jobs
Social media
Article. Richard Jones, 'Response to MHA Review (5): MHA or MCA?' (29/1/19) — This article argues against the MHA Review's recommendation that patients who lack capacity to consent to admission or treatment for mental disorder, but who are clearly not ob… https://t.co/HiNM7pR52n
— Mental Health Law (@MHLonline) January 30, 2019
Case. R (Jollah) v SSHD [2018] EWCA Civ 1260 — "The context is one of immigration detention. The claimant, who is the respondent to this appeal (and who for present purposes I will call "IJ"), was made subject to a curfew restriction between the hours of… https://t.co/wXOIv27COu
— Mental Health Law (@MHLonline) January 29, 2019
Consultation. Ministry of Justice, 'Revising the Mental Capacity Act 2005 Code of Practice: Call for evidence' (consultation from 24/1/19 to 7/3/19)
— Extract: "Since the MCA came into force in 2007, the COP has been used extensively by a wide range o… https://t.co/WquCQuc6lB— Mental Health Law (@MHLonline) January 29, 2019
Scottish guidance. Scottish Government, 'Mental Health Law in Scotland: A Guide to Named Persons' (15/1/19)
— "A named person is someone who can look after your interests if you are cared for or treated under mental health legislation. This guide prov… https://t.co/fZ9iBuw9p1— Mental Health Law (@MHLonline) January 27, 2019
FOIA response. Ministry of Justice, 'FOIA response 181221028: DOL conditions' (23/1/19)
— In response to a FOIA request the MOJ have stated that (paraphrased): (1) There are 2712 conditionally-discharged patients. (2) A database search for the keyword… https://t.co/9il3aU2I6c— Mental Health Law (@MHLonline) January 27, 2019
Case (Inherent jurisdiction cases). A Local Authority v BF [2018] EWCA Civ 2962 — An interim order made on 10/12/18 required BF to reside at a care home, over Christmas, and not at his own or his son's home, despite BF's having capacity to make decisions… https://t.co/nKcMEvHrSW
— Mental Health Law (@MHLonline) January 27, 2019
Case (Other criminal law cases). R v Tunstill [2018] EWCA Crim 1696
— "This was a case where the child was killed soon after birth so that this case can be distinguished from the situation where mental ill health, usually post-partum psychosis, develo… https://t.co/5gDAm8rPqA— Mental Health Law (@MHLonline) January 27, 2019
“Mental Health Act review: the demise of the nearest relative?” https://t.co/MhtCxcHeXF
— Mental Health Law (@MHLonline) January 27, 2019
The Mental Capacity Act is designed to empower and protect people who can’t make decisions for themselves.
We’re revising the Code of Practice that supports it to better reflect current needs.
Share your views & experiences of using it ????????https://t.co/Aj86jPKuAm pic.twitter.com/iDojHsTjiu— Ministry of Justice (@MoJGovUK) January 24, 2019
Inherent jurisdiction case. A Local Authority v BF [2018] EWCA Civ 2962 — An interim order made on 10/12/18 required BF to reside at a care home, over Christmas, and not at his own or his son's home, despite BF's having capacity to make decisions about h… https://t.co/DfAeTh1PlD
— Mental Health Law (@MHLonline) January 23, 2019
FOIA response. Ministry of Justice, 'FOIA response 181221028: DOL conditions' (23/1/19)
— In response to a FOIA request the MOJ have stated that (paraphrased): (1) There are 2712 conditionally-discharged patients. (2) A database search for the keywor… https://t.co/SzNPQr24WX— Mental Health Law (@MHLonline) January 23, 2019
Ryan Harvey, 23, had learning disabilities and mental ill health. He died on 8 May 2015, after only weeks at HMP Woodhill. The inquest into his death has concluded finding numerous failings contributed to his death. Family rep by @dpg_law & @matrixchambershttps://t.co/AplBlJr8HI
— INQUEST (@INQUEST_ORG) January 23, 2019
Apparently you can use the inherent jurisdiction to deprive someone of their liberty even though they have mental capacity and there is no medical evidence they are of "unsound mind" for an emergency period that extends for almost a month.... https://t.co/8iaQBIaWOz
— Tor Butler-Cole (@TorButlerCole) January 22, 2019
Infanticide case. R v Tunstill [2018] EWCA Crim 1696
— "This was a case where the child was killed soon after birth so that this case can be distinguished from the situation where mental ill health, usually post-partum psychosis, develops over a peri… https://t.co/lBpBZsT5eo— Mental Health Law (@MHLonline) January 21, 2019
Teenager sent for a six-week health assessment is still locked up 13 years later alongside nation’s most feared criminals - my latest MoS piece on the incarceration scandal of people with autism & learning disabilities
https://t.co/Zb5Bw6Bc1F— Ian Birrell (@ianbirrell) January 20, 2019
Article. Richard Jones, 'Response to MHA Review (4): Bureaucratic burdens' (14/1/19)
— This article argues that the MHA Review's recommendations would lead to an unnecessary increase in bureaucracy. (CI2) https://t.co/vIHC8hE0T1— Mental Health Law (@MHLonline) January 14, 2019
Article. Richard Jones, 'Response to MHA Review (3): Jurisdiction of the First-tier Tribunal' (28/12/18)
— This article considers the MHA Review's recommendations in relation to the Mental Health Tribunal. (CI2) https://t.co/4xbzq52g0t— Mental Health Law (@MHLonline) January 14, 2019
Article. Richard Jones, 'Response to MHA Review (2): Managers' hearings' (10/12/18)
— This article considers the MHA Review's recommendations in relation to hospital managers' hearings. (CI2) https://t.co/FR75k2eETi— Mental Health Law (@MHLonline) January 14, 2019
Article. Richard Jones, 'Response to MHA Review (1): Removing the distinction between s2 and s3' (8/12/18)
— This article discusses the fact that the MHA Review does not recommend merging s2 and s3. (CI2) https://t.co/MrBXHOFhkh— Mental Health Law (@MHLonline) January 14, 2019
Coroner makes critical finding after young suicide in Birmingham. Recovery approach did not helphttps://t.co/gTUlqTEzJ7
— hundredfamilies (@hundredfamilies) January 13, 2019
Conditional discharge/DOL guidance. HM Prison and Probation Service, 'Mental Health Casework Section: Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019) — The aim of this this operational policy is to ensure that, where … https://t.co/azoUs205gZ
— Mental Health Law (@MHLonline) January 13, 2019
Immigration case. R (Adegun) v SSHD [2019] EWHC 22 (Admin) — "There are two bases of challenge to Mr Adegun's detention which, in broad outline, are as follows. ... There is first an issue, which I shall call the "rule 34 issue", as to whether Mr Adegun … https://t.co/1FL5AjOyj0
— Mental Health Law (@MHLonline) January 12, 2019
Proposed statutory DOL definition. Luke Haynes and Mithran Samuel, 'Government issues deprivation of liberty definition in bid to provide clarity to practitioners' (Community Care, 11/1/19) — Subheading: "Ministers’ amendment to DoLS replacement bill set… https://t.co/HoQSpvKUNa
— Mental Health Law (@MHLonline) January 12, 2019
Upper Tribunal case. LW v Cornwall Partnership NHS Trust [2018] UKUT 408 (AAC) — (1) Having considered the statutory framework of CTOs and the legislative purposes behind them the UT concluded, primarily on that basis, that in cases where there is a risk… https://t.co/1UFdj1xwPl
— Mental Health Law (@MHLonline) January 11, 2019
Transparency data: Contract terminations and exclusions https://t.co/Vv6F0xbkTr pic.twitter.com/p1qDN2vr0z
— Legal Aid Handbook (@legalaidhbk) January 11, 2019
— Mental Health Law (@MHLonline) January 11, 2019
Human rights lawyers! What are your thoughts on this amendment to provide a statutory definition of article 5 ECHR? Content, and constitutionally speaking? @carlgardner @AdamWagner1 @EHRC @LibertyLondon pic.twitter.com/5NSuDJU4rF
— Lucy Series (@TheSmallPlaces) January 10, 2019
Job advert. Solent NHS Trust, Portsmouth - Mental Health Act and Mental Capacity Act Lead (deadline 24/1/19). See Jobs https://t.co/aDKaR6MFHl
— Mental Health Law (@MHLonline) January 10, 2019
Job advert. Cale Solicitors, Greenwich - Mental Health Law Solicitor/Legal Executive (deadline 28/1/19). See Jobs https://t.co/wxmeLuXiwB
— Mental Health Law (@MHLonline) January 10, 2019
The number of children with a learning disability & autism detained in inpatient settings has risen from 110 in 2015 to 250 in 2018. We ask the NHS - Why? Tune in from 3:15pm tomorrow: https://t.co/RC5ohTQzwK @HarrietHarman
— UK Parliament Human Rights Committee (@HumanRightsCtte) January 8, 2019
#mentalhealth advocates weaponized the ADA to force hospitals and adult homes to discharge seriously mentally ill patients who still need inpatient care https://t.co/b9dCJdWuJh
— DJ Jaffe/Mental Illness Policy Org. (@MentalIllPolicy) January 9, 2019
BREAKING: The Priory Group have today pleaded guilty to health and safety charges following the death of 14 year old Amy El-Keria. This is a historic moment in terms of accountability following deaths of children in private mental health settings. https://t.co/d98usbPdSQ
— INQUEST (@INQUEST_ORG) January 9, 2019
“Anorexic girl 'would rather die than eat', inquest hears” https://t.co/iNRypEzlae
— Mental Health Law (@MHLonline) January 9, 2019
HSE investigation found "although the Bracton Centre routinely received high-risk patients,... there was no patient specific risk assessment identifying the risks posed by a patient and the measures required to control those risks prior to admission to the ward." #Unbelievable
— hundredfamilies (@hundredfamilies) January 8, 2019
“NHS trust fined £300k after staff stabbed by patient” (Oxleas) https://t.co/o5u5dgl5cy
— Mental Health Law (@MHLonline) January 9, 2019
Safeguarding - Ombudsman supports Council >> https://t.co/FCyQ9FVI5f
In July the Local Government #Ombudsman ruled on a complaint against Islington #Council by the mother of a client following the removal of #Appointeeship from her. pic.twitter.com/wdnpcRZJFD— Public Authority Deputies Support Network (@PublicDeputies) January 3, 2019
"What Advocates of Legalizing Pot Don’t Want You to Know " https://t.co/e0Obuz8YpR
— Mental Health Law (@MHLonline) January 6, 2019
“Nurse blows lid on ‘shameful institutionalised abuse’ at health unit” https://t.co/dmULfQscY8 via @MailOnline
— Mental Health Law (@MHLonline) January 6, 2019
After spending the last couple of years exposing the human cost of legal aid cuts, I found out what MoJ spin doctors make of me... it’s not polite https://t.co/GGzpWuKQ6p
— Emily Dugan (@emilydugan) January 5, 2019
.@GaryLineker - This is not an official NHS leaflet. People should trust advice from official NHS sources. We are confident that if everyone does what they need to do, medical supplies will be uninterrupted and patients will get their prescriptions as normal https://t.co/82chKRuKad
— Department of Health and Social Care (@DHSCgovuk) January 4, 2019
CPS guidance. Crown Prosecution Service, 'Prosecution Guidance: Assaults on Emergency Workers (Offences) Act 2018' (13/11/18) — Extract: "Headlines: (1) Police and prosecutors should cease charging the existing offences of common assault, battery, assaul… https://t.co/ZAQyS7k5Rz
— Mental Health Law (@MHLonline) January 3, 2019
MOJ circular. Ministry of Justice, 'Circular 2018/01: Assaults on Emergency Workers (Offences) Act 2018' (13/11/18) — Extract from document: "The purpose of this circular is to provide guidance on the Act’s provisions. The circular is for guidance only a… https://t.co/PSS41p3Bih
— Mental Health Law (@MHLonline) January 3, 2019
Job advert. Burke Niazi, London - Court of Protection solicitor (deadline 4/2/19). See Jobs https://t.co/jRe68813fd
— Mental Health Law (@MHLonline) January 3, 2019
Job advert. Burke Niazi, London - Court of Protection paralegal (deadline 4/2/19). See Jobs https://t.co/HbXBEfXSxk
— Mental Health Law (@MHLonline) January 3, 2019
Legislation. Assaults on Emergency Workers (Offences) Act 2018 — This Act creates: (1) a new either-way offence of assault or battery committed against an emergency worker with a maximum sentence of 12 months, or a fine, or both; (2) a statutory aggravat… https://t.co/gzT61aPlsO
— Mental Health Law (@MHLonline) January 3, 2019
Psychiatric detention under the Mental Capacity Act 2005 - risks posed by the Mental Capacity (Amendment) Bill and the MHA Review to people with dementia and learning disabilities https://t.co/ulUxf5WaiD
— Lucy Series (@TheSmallPlaces) January 3, 2019
Event. PELT: Becoming a Mental Health Act administrator - the basics (new course) - Hoylake, 12/2/19 — This new course is designed to equip new or less-experienced MHAAs with the tools to do their job effectively. It will assume little or no knowledge of… https://t.co/7I3ypGmTHG
— Mental Health Law (@MHLonline) January 3, 2019
Event. PELT: Advanced course for MHAAs (new course) - Hoylake, 13/2/19 — Being a MHAA is a demanding role where you are often expected to perform many and various tasks. This course assumes basic knowledge and experience and will examine the many demands… https://t.co/CHCJtNLI68
— Mental Health Law (@MHLonline) January 3, 2019
Event. PELT: Introduction to the Mental Health Act - Hoylake, 26/2/19 — 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… https://t.co/vHH4ugdFdZ
— Mental Health Law (@MHLonline) January 3, 2019
Event. PELT: Introduction to MCA and DOLS - Hoylake, 10/4/19 — 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 particula… https://t.co/0SA763I5Rg
— Mental Health Law (@MHLonline) January 3, 2019
Event. PELT: Depriving Children and Young People of their liberty lawfully - Hoylake, 9/5/19 — "DoLs start at 18. MCA 16. MHA no minimum age for detention. How to lawfully deprive a child or young person of their liberty requires great care. What is a Do… https://t.co/gGPb4cH9GY
— Mental Health Law (@MHLonline) January 3, 2019
Event. PELT: Mental Health Act Masterclass (new material) - Hoylake, 14/5/19 — This course will allow practitioners to reflect on and update their practice by ensuring they have an up-to-date understanding of the law. The contents of the course will be u… https://t.co/B3lWs1YeBz
— Mental Health Law (@MHLonline) January 3, 2019
Event. PELT: Court of Protection Masterclass (new material) - Hoylake, 16/5/19 — This course reviews recent developments in Court of Protection cases. It will include the latest CoP cases on deprivation of liberty, capacity, health and welfare, Legal Aid… https://t.co/HBb1GduCjh
— Mental Health Law (@MHLonline) January 3, 2019
Event. PELT: Introduction to using Court of Protection - Hoylake, 5/6/19 — The Court of Protection has a very wide ambit, potentially touching the lives of many vulnerable people. It is now the place where deprivation of liberty safeguards and procedures… https://t.co/tclmo4VXTC
— Mental Health Law (@MHLonline) January 3, 2019
Job advert. Morgan Cullen and Ball Ltd, Birmingham - Mental Health Law Supervisor (deadline 21/1/19). See Jobs https://t.co/c9a7urf42Y
— Mental Health Law (@MHLonline) January 2, 2019
Event. Edge Training: BIA Report Writing - London, 26/4/19 — This course is targeted specifically at qualified Best Interests Assessors (BIAs) and aims to provide them with the knowledge and skills needed to ensure robust and legally defensible assessmen… https://t.co/YheRsuPYlu
— Mental Health Law (@MHLonline) January 2, 2019
Event. Edge Training: Liberty Protection Safeguards - London, 28/1/19 — This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards contained in the Mental Capacity (Amendment) Bill that is currently before Parliament. Th… https://t.co/u98XmQjXpN
— Mental Health Law (@MHLonline) January 2, 2019
Event. Edge Training: BIA Legal Update (Annual Refresher) - London, 1/2/19 — 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 … https://t.co/h5m0DaW1FK
— Mental Health Law (@MHLonline) January 2, 2019
Event. Edge Training: Liberty Protection Safeguards - Sheffield, 1/2/19 — This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards contained in the Mental Capacity (Amendment) Bill that is currently before Parliament. … https://t.co/ZAESVXzm4L
— Mental Health Law (@MHLonline) January 2, 2019
Event. Edge Training: Unconscious Bias - London, 11/2/19 — This one day course gives staff the opportunity to consider the concept of Unconscious Bias and its theoretical and research basis. Speaker: Sneha Kilhay. Price: £140 plus VAT. See Edge Training … https://t.co/XNsFJDVDK6
— Mental Health Law (@MHLonline) January 2, 2019
Event. Edge Training: DOLS Authorised Signatories - London, 25/2/19 — 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 proce… https://t.co/2sJNZ9ISm7
— Mental Health Law (@MHLonline) January 2, 2019
Event. Edge Training: Level 3 Safeguarding Adults, London 4/3/19 — 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 … https://t.co/yco68r0bOi
— Mental Health Law (@MHLonline) January 2, 2019
Event. Edge Training: DOLS Conference - London, 8/3/19 — Speakers: Mr Justice Baker (RPR Selection, Duties and Responsibilities), Sneha Khilay (Unconscious Bias and DoLS Assessments), Alex Ruck Keene (A DoLS Case Law Update), Steven Richards (The Future:… https://t.co/gAlkSG3xKX
— Mental Health Law (@MHLonline) January 2, 2019
Event. Edge Training: Understanding the Court of Protection - London, 15/3/19 — This one day course is designed to enable participants to feel equipped to attend the Court of Protection and to ensure they know what to expect: the best way to give evidenc… https://t.co/7X54W9hGYT
— Mental Health Law (@MHLonline) January 2, 2019
Event. Edge Training: AMHP Legal Update - London, 18/3/19 — 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 arisi… https://t.co/kw7HfsKKsD
— Mental Health Law (@MHLonline) January 2, 2019
Event. Edge Training: DOL, children and young people - London, 22/3/19 — 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 cou… https://t.co/MebIi1OiAW
— Mental Health Law (@MHLonline) January 2, 2019
Event. Edge Training: AMHP Legal Update - London, 7/10/19 — 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 arisi… https://t.co/FTae5mWnrs
— Mental Health Law (@MHLonline) January 2, 2019
Legislation. Assaults on Emergency Workers Act 2018 — This Act creates: (1) a new either-way offence of assault or battery committed against an emergency worker with a maximum sentence of 12 months, or a fine, or both; (2) a statutory aggravating factor … https://t.co/UfwpR5W9Dk
— Mental Health Law (@MHLonline) January 1, 2019
Blavo case. Lord Chancellor v Blavo and Co Solictors Ltd [2018] EWHC 3556 (QB) — The High Court gave judgment for the Lord Chancellor against John Blavo in the sum of £22,136,001.71 following the allegation that Blavo & Co made dishonest claims for payme… https://t.co/sKcYeaI39v
— Mental Health Law (@MHLonline) January 1, 2019
Statutory demand case. John Blavo v Law Society [2018] EWCA Civ 2250 — The Law Society successfully appealed against a decision to set aside two statutory demands (of £151,816.27 and £643,489.20) which had been served on John Blavo in relation to costs i… https://t.co/8mVBaPLmK1
— Mental Health Law (@MHLonline) January 1, 2019
Other items
- Jan 2019: New York Times - What Advocates of Legalizing Pot Don’t Want You to Know "The wave toward legalization ignores the serious health risks of marijuana."
- 2019: MOJ Invitation to MHCS Open Session 11th September 2019 14 June 2019 on this page
- 2019: Invitation to MHCS Open Session 11th September 2019 - add as event
- 2019: CQC closed cultures guidance 1/11/19
- 2019: Re D (A Child) [2019] UKSC 42
- 2019: Inquest: Witness sentenced to months in prison for failure to attend inquest into the death of Sophie Bennett 30/10/19
- 2019: Add case summaries from Law Society DOL guidance. Including Mostyn Re P decision? Deprivation of liberty safeguards: a practical guide
- 2019: Bolton News - Social services praised for helping woman have sex with boyfriend
- Jan 2019: National Elf Service - Mental Health Act review: the demise of the nearest relative?
- Jan 2019: BBC - Anorexic girl 'would rather die than eat', inquest hears
- Jan 2019: Kent Online - NHS Oxleas Foundation Trust fined £300k after two nurses stabbed by a patient at Bracton Centre secure unit in Dartford
- 2019: AB (Termination of Pregnancy), Re [2019] EWCA Civ 1215M (11 July 2019)
- Jan 2019: Mail - Worse than BROADMOOR: Nurse whistleblower claims he has seen psychopathic serial killers cared for better than the autistic children he has witnessed being violently held down and force-fed drugs at health unit funded by the NHS "Ian Summers spent eight years as a mental health nurse at Broadmoor hospital. Claims he saw patients more often violently held down in hospital unit holding vulnerable teens, some of them autistic, than when he looked after serial killers. He has blown the lid on life at Meadow Lodge, a unit in Devon funded by the NHS"
- Jan 2019: Inquest - Inquest concludes that systematic failures and consistently missed opportunities caused death of Ryan Harvey at Woodhill prison
- Jan 2019: A Local Authority v BF [2018] EWCA Civ 2962M (21 December 2018)
- Jan 2019: Mail - Teenager sent to a health unit for a six-week autism check-up aged 18 is now caged with killers and rapists in a psychiatric hospital 13 years later Kyle Gibbon, 18, was locked in an infamous psychiatric hospital in Scotland
- Jan 2019: Daniel Collins inquest "Coroner makes critical finding after young suicide in Birmingham. Recovery approach did not help" (Hundred Families summary)
- Jan 2019: LAA Contract terminations and exclusions
- Jan 2019: City Journal - Betraying the Most Vulnerable Civil libertarians and mental health advocates impose degradation on the seriously mentally ill.
- Jan 2019: Inquest - Priory Group plead guilty to health and safety charges on death of 14 year old Amy El-Keria
- Jan 2019: PADSN - Safeguarding – Ombudsman supports Council In July the Local Government Ombudsman ruled on a complaint against Islington Council by the mother of a client following the removal of Appointeeship from her.
- Jan 2019: Small Places - Psychiatric detention under the Mental Capacity Act 2005
- 2019: M (Deprivation of Liberty in Scotland) [2019] EWHC 1510 (Fam)B (17 June 2019)
- 2019: Read and maybe add Mental Health Care (UK) Ltd v Edward Lupen Healthcare Ltd & Ors [2019] EWHC 1 (Ch)B (09 January 2019)
- 2019: Parliament website: Mental Health Units (Use of Force) Bill 2017-19
- 2019: B v A Local Authority [2019] EWCA Civ 913M
- 2019: A City Council v LS & Ors (Secure Accommodation Inherent Jurisdiction) [2019] EWHC 1384 (Fam)M ?
- 2019: LV settlement
- 2019: Updated RA statement (NR)
- 2019: Spire Chambers directory of COP cases
- 2019: SRA - Nnadozie Okpokiri - and SDT decision - or SDT
- 2019: SRA - Jimoh Adun
- 2019: Bournewood R4 (though not available any more)
- 2019: Roberts, R v [2019] EWCA Crim 1270B (17 July 2019)
- 2019: Lancs Safeguarding Adults Review - Adult H
- 2019: CQC New publication: Mental Health Act Code of Practice 2015 evaluation - press release - publication page
- 2019: LGO: Cambridgeshire and Peterborough NHS Foundation Trust (17 010 333a)
- 2019: Lawson, Mottram and Hopton, Re (appointment of personal welfare deputies) (Rev 1) [2019] EWCOP 22B (25 June 2019)
- 2019: Updated Law Society MHT panel guidance and form (March 2019 and Jan 2019) and general scheme guidance
- 2019: Maybe: OA165422013 [2019] UKAITUR OA165422013B (26 April 2019) URL: http://www.bailii.org/uk/cases/UKAITUR/2019/OA165422013.html
- 2019: Maybe: Elysium Healthcare No.2 Ltd v Ogunlami (VICTIMISATION DISCRIMINATION - Protected disclosure) [2019] UKEAT 0116_18_1202 (12 February 2019) URL: http://www.bailii.org/uk/cases/UKEAT/2019/0116_18_1202.html
- 2019: https://www.gov.uk/government/publications/mental-health-act-exercise-of-approval-instructions-2013
- 2019: Court Fees (Miscellaneous Amendments) Order 2019
- 2019: Public Guardian (Fees, etc) (Amendment) Regulations 2019
=Has been added to MHLO
=Only appears in this list