March 2021 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 2117 categorised cases

• Chronology. See March 2021 chronology for this month's changes to the website in date order.

Cases

• Case (Ordinary residence and s117). R (Worcestershire County Council v SSHSC [2021] EWHC 682 (Admin) — The patient 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 DHSC argued that Worcestershire retained s117 responsibility throughout, based on three propositions: (a) the patient remains ordinarily resident in Area 1, applying R (Cornwall Council v SSH [2015] UKSC 46; (b) in the alternative, "immediately before being detained" in s117 means "immediately before being first detained"; (c) in the further alternative, Area 1's duty continued throughout the second detention. The High Court rejected all three propositions (in relation to the third, noting that a s117 duty continues until a s117(2) decision, even during a second detention, but that the continuation does not affect the position upon leaving hospital).

• Case (Dishonest personal injury claim). Smith v London Borough of Haringey [2021] EWHC 615 (QB) — The claimant had been attacked by a patient while on duty as team leader. The judge decided that she would be entitled to damages of £2,587.50, but dismissed her claim in its entirety because her fundamental dishonesty had meant a simple low value personal injury claim had developed into a serious injury claim for over £600,000.

• Case (Death - child). NHS Trust v Parents and S [2021] EWHC 594 (Fam) — Five options for the treatment of a 9-month-old baby were presented to the court: (1) continuing the current regime; (2) continuing with intensive ventilation and support care but not escalating treatment if he deteriorates further; (3) extubating him but re-intubating him if he cannot manage; (4) extubating him and giving him Vapotherm or continuous positive airway pressure (CPAP) if he cannot manage, rather than re-intubating him; (5) withdrawing life sustaining treatment and giving palliative care. His parents argued for option 2. The Trust and Children's Guardian argued for option 5, and the judge decided that this would be in his best interests: "I understand and respect the parents' views, including their religious views (which no doubt S would share) but it is not in his best interests to put him through so much simply to keep him alive even if he is able to experience some comfort from being looked after by his parents. If he were able to express any wishes about this it is difficult to believe he would choose this sort of existence for himself."

• Case (Southern Irish case - transfer of sentenced person). S v Minister for Justice [2020] IEHC 632 — The Southern Irish High Court decided that the Transfer of Sentenced Persons Act 1995 applies to a person who for reasons of mental condition has been held not criminally responsible for the commission of an offence. The applicant was therefore eligible for transfer out of the State, and the Minister's refusal was set aside.

• Case (Welfare benefits and transferred prisoners). SS v UK 40356/10 [2011] ECHR 107 — Questions to the parties: "Insofar as their complaints concern the provisions of the Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010, have the fourth and fifth applicants exhausted domestic remedies? Have the applicants suffered discrimination in the enjoyment of their Convention rights on the ground of their prisoner status and/or their disabilities contrary to Article 14 of the Convention read in conjunction with Article 1 of Protocol No 1?"

• Case (Welfare benefits and transferred prisoners). SS v UK 40356/10 54466/10 [2015] ECHR 520 — Patients subject to s47/49 and s45A argued that denying them the social security benefits that are paid to other detained patients was contrary to Article 14, taken with Article 1 of Protocol No 1. The ECtHR rejected the applications as being manifestly unfounded.

Resources

• DNACPR review. CQC, 'Protect, respect, connect - decisions about living and dying well during COVID-19' (18/3/21) — Extract from press release: "A new report from the Care Quality Commission (CQC) has found worrying variation in people’s experiences of do not attempt cardiopulmonary resuscitation (DNACPR) decisions during the pandemic. While there were some examples of good practice, CQC also heard from people who were not properly involved in decisions, or were unaware that such an important decision about their care had been made."

• Remote assessment guidance. ADASS and LGA, 'Briefing on the implications of the Devon case for Local Authorities and the AMHPs they approve and/or authorise' (16/3/21) — This document contains guidance under the following headings: (1) Implications for detentions under s2, s3 or s4 in which video technology was used; (2) Implications for those made subject to guardianship using a video assessment; (3) Decisions around discharging someone from s3 onto a Community Treatment Order (CTO); (4) Decisions to extend guardianship or CTO under s20/s20A of the MHA; (5) s136 and the use of video interviews.

• COPUG minutes. Minutes of Court User Group Meeting (8/10/20) — (1) Apologies; (2) Minutes and action points; (3) Operations Manager's report; (4) Delivery Manager's report; (5) Update from the Mental Capacity Policy Team; (6) Current arrangements during pandemic; (7) Current statistics; (8) Court of Protection hearings inbox; (9) Digital developments; (10) Property and affairs deputy seeking to raise welfare issues; (11) AOB. The next meeting was arranged for 14/4/21.

• Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 112, March 2021) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: two cases each on vaccination, how long to keep going with life-sustaining treatment and obstetric arrangements, and important decisions on both family life and sexual relations; (2) In the Property and Affairs Report: Mostyn J takes on marriage, ademption and foreign law, and updates from the OPG; (3) In the Practice and Procedure Report: reasonable adjustments for deaf litigants and a new edition of the Equal Treatment Bench book; (4) In the Wider Context Report: DNACPR [Do not attempt cardiopulmonary resuscitation] guidance from NHS England, NICE [National Institute for Health and Care Excellence] safeguarding guidance, reports on law reform proposals of relevance around the world and (an innovation) a film review to accompany book reviews and research corner; (5) In the Scotland Report: Scottish Parliamentary elections, Child Trust funds and analogies to be drawn from cases involving children."

• Medical leave guidance. Mental Health Casework Section, 'Guidance: Medical Leave for Restricted Patients' (February 2021) — "This document sets out the arrangements that apply for restricted patients detained in psychiatric hospitals who are required to attend general hospitals, dentists, opticians or other designated medical facilities for appointments or procedures for their physical health." Alternative title: "Medical Leave Guidance" (Gov.uk web page).

• Leave guidance. Mental Health Casework Section, 'Section 17 - leave of absence' (December 2020) — "This document sets out information for medical professional considering applications for community leave under section 17 of the Mental Health Act 1983 (MHA). This guide provides valuable information to help ensure the safe management of restricted patients whilst detained in hospital and help prepare them for subsequent life in the community when discharged." Alternative titles: "Leave guidance" (Gov.uk web page) and "MHCS Leave Guidance for Medical Professionals" (link title on Gov.uk).

• MAPPA guidance. Mental Health Casework Section, 'Multi-Agency Public Protection Arrangements (MAPPA) and the Restricted Patient System' (February 2021) — "This document has been created to provide information for MHCS staff and those working directly with restricted patients to outline the requirements and expectations with regard to MAPPA arrangements in conjunction with the MHCS's responsibility to discharge of the Secretary of State's functions under the Mental Health Act 1983."

• Annual Review. Jonathan Wilson, Mental Health Law Online: Annual Review 2020 (published 2021) — This booklet contains all news items, arranged thematically, which were added to the website during 2020, plus an update article from Legal Action magazine. Price: paperback £3.99, Kindle £1.99.

• Mental health peer review guidance. LAA, 'Improving Your Quality in Mental Health' (v6, February 2021, published 2/3/21) — This is the same as LAA, 'Improving Your Quality in Mental Health' (v5, December 2020, published 4/1/20) but with some photographs added to make it look nicer.

• Electronic statutory forms guidance. DHSC, 'Electronic communication of statutory forms under the Mental Health Act' (updated 13/1/21) — A new 'Annex A: further advice on possible scenarios' has been added in this version.

Events

• Event. Event:COPPA: Elder financial abuse investigated (online, 23/3/21) — "A training event hosted by London CoPPA discussing practical steps to trace assets for protected parties subject to financial abuse. An essential webinar for deputies and professionals looking after the financial affairs of older clients." Speakers: Ann Stanyer (Wedlake Bell LLP) and Paul Smith (Paul Smith Consultancy). Time: 5.00pm to 6.30pm. Cost: free to members; £20 for non-members. Please register your interest by emailing: CoppaLondonGroup@gmail.com

• Event. Event:Court of Protection User Group: Meeting (online, 14/4/21) — The next meeting will take place via Microsoft Teams. Time: 2pm. Send the following details to Natalie Cheesewright (Natalie.Cheesewright@Justice.gov.uk) if you wish to attend: name, company, email, telephone number. Items for inclusion on the agenda should be sent by 4pm on 1/4/21. Agenda. Minutes.

• Event. Event:National Mental Capacity Forum: Rapid Response Webinar no.8 (online, 22/3/21) — "The 8th NMCF rapid response webinar will be an occasion to pause and take stock of progress in using the MCA to face the challenges occasioned by the pandemic - the good, the bad and the ugly. Topics will include: new arrangements for care home visitors; challenges associated with the transition from childhood to adulthood; overcoming barriers to understanding." Speakers include HHJ Carolyn Hilder. Chaired by Baroness Ilora Finlay. Time: 1230-1330. Cost: free. See event page on Zoom website for further details and booking information.

• Event. Event:MHLO: Annual Review 2020 meeting (online, 26/3/21) — Roger Pezzani (Garden Court Chambers) and Alex Ruck Keene (39 Essex Chambers) will discuss recent events, including: (1) How has the MHA held up under pandemic pressure? (2) Why is the MHA/MCA interface so difficult? (3) Where is the law going? Cost: free. Time: 10am to 1pm. To register, please subscribe to the "MHLO Annual Review 2020 meeting" email list on the email updates page. You will be sent login details for the event nearer the time.

Social media

Nothing to report this month.

Other items

• Mar 2021: Steven Stout inquest "Coroner's Inquest - Man spent longer in S136 suite than he did on a Sec 2 in hospital - quickly discharged with no referral to Community MH team and subsequently took his life." (Hundred Families summary)
• Mar 2021: Bath Publishing - various webinars
• Mar 2021: Lewisham Safeguarding Adults Board Safeguarding Adults Review Michael Thompson LSAB-SAR-002-2016
• Mar 2021: Bhatt Murphy - Council unlawfully breached vulnerable man’s right to life "A judge at Central London County Court has ruled that the London Borough of Bromley adult social care team were negligent and breached their obligations to protect life under the Human Rights Act in failing to take steps to protect Michael Thompson after he had become mentally unwell. He later died of smoke inhalation at his home in March 2016. This case was brought by the deceased’s daughters, on the basis that Bromley’s out of hours social worker knew that their father was at risk but failed to offer urgent help. The Court’s ruling means the family have now been fully vindicated in this long battle. Carolynn Gallwey acted for the Claimants."
• Mar 2021: Manchester Evening News - Manchester council breached disabled orthodox Jewish teen's human rights, High Court judge rules A High Court judge found that Manchester council's placement offer at a non-Jewish care home was unlawful
• Mar 2021: MWCS - Covid-19 Mental Welfare Commission Advice Note, version 23 (3 March 2021)
• Mar 2021: Basma v Manchester University Hospitals NHS Foundation Trust & Anor [2021] EWCA Civ 278^B (02 March 2021)
• Mar 2021: LAA - Schedule of processes restarting after COVID-19 contingency Information on business as usual restart dates and changes to current operational COVID-19 contingency ways of working.
• Mar 2021: Rebelo, R v[2021] EWCA Crim 306^B (08 March 2021) ?
• Mar 2021: Dr A Malik v CAS (Cygnet) Behavioural Health Ltd [2021] UKET 2403141/2018

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