January 2022 chronology

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.

See January 2022 update for a thematic summary of these changes.

• 29/01/22
  (2055)
  : Annual Review. Jonathan Wilson, Mental Health Law Online: Annual Review 2021 (published 2022) —This booklet contains all news items, arranged thematically, which were added to the website during 2021. Price: paperback £4.99, Kindle £1.99.

• 25/01/22
  (2129)
  : Coronavirus treatment and CPR. Celia Kitzinger and Amber Dar, '“Non-mainstream” treatments and CPR for a COVID-19 patient in intensive care' (Open Justice COP Project, 24/1/22) —In this hearing Hayden J expressed his orthodox views on the treatment of coronavirus with hydroxychloroquine, ivermectin, azithromycin and doxycycline (declining to declare that treatment to be in AB's best interests as it would require doctors to act "unethically" and inconsistently with medical evidence) and his views on dignity at the end of life (declining to declare that attempting CPR would be in AB's best interests as he agreed with the doctors that it would be futile). The blog post notes that the Trust had framed both matters (treatment and CPR) solely in terms of best interests until revealing in cross-examination that the treatment was not an available option (and being ambiguous about the availability of CPR), and wonders why the case even got to court and took so long given that the court will not compel doctors to act against their clinical judgment. Reading between the lines, though, it seems that the judge was keen not to lose the opportunity to air his opinions: for example, he interrupted an early question which would have established whether the team would administer CPR if it were declared to be in AB's best interests by stating that "this is not the point at which to ask that question" and instead asking a closed question about whether any CPR success would reduce AB's quality of life.

• 12/01/22
  (0921)
  : Case (Ordinary residence and s117). R (Worcestershire County Council) v SSHSC [2021] EWCA Civ 1957 — JG was detained under s3 in Worcestershire (Area 1), discharged to residential care in Swindon (Area 2), detained again under s3 in Swindon and discharged again. The Court of Appeal held that: (1) Area 1's duty subsists until it comes to an end by a s117(2) decision that the patient "is no longer in need" of aftercare services (ordinary residence in area 2 when subsequently detained makes no difference); there had been no such decision so the duty continued throughout both the second period of detention and beyond. (2) Obiter, by the ordinary meaning of "ordinarily resident" and under the Shah test JG was ordinarily resident in Swindon immediately before the second detention, and there was nothing in subsequent caselaw (including Cornwall) or the Care Act 2014 amendments (including the change from "resident" to "ordinarily resident") justifying a different conclusion.

• 10/01/22
  (0909)
  : Case (Coronavirus vaccination). Royal Borough of Greenwich v IOSK [2021] EWCOP 65 — It was determined to be in the best interests of IOSK, a 17-year-old male with autism and severe learning disability, to be administered a coronavirus vaccination, despite family objections.