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Mental Health Law Online
The internet resource on mental health law, and mental capacity law, for England & Wales. You can sign up for free email updates, the online forum and the CPD scheme (which provides 12 hours for £60 and is suitable for lawyers and non-lawyers). The abbreviations are similar but MHLO, MHLA and MHLR are all different.
The main content of this website has been divided into Case law (2350), Legislation (380) and Resources (1,035), together with separate Information pages (328) to link everything together.
Forum topics
Contacts
The Magic Book is a database of contact details which currently contains 304 pages.
News and updates
All the latest updates to the website can be seen on on the MHLO updates forum category. The five most recent appear here.
- 18/07/24: Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 142, July 2024) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: sexual capacity complexities, wishes and feelings in the balance, and finding the P in a PDOC case; (2) In the Property and Affairs Report: deputy bond provider problems and a job opportunity in the Official Solicitor's office; (3) In the Practice and Procedure Report: how far can the Court of Protection go to ensure its orders are complied with, and risk taking, best interests and health and welfare deputies; (4) In the Mental Health Matters Report: Tier 4 beds (again) and the Mental Health Tribunal and the Parole Board; (5) In the Wider Context Report: local authority consent to confinement, the Irish courts continue to grapple with the consequences of the framework, and Strasbourg pronounces on assisted dying; (6) In the Scotland Report: exasperation at the pace of the Scottish Government's Mental Health and Capacity Reform Programme."
- 15/06/24: Change to set aside rule. Tribunal Procedure Committee, 'Consultation on possible amendments to the power to set-aside a decision' (consultation from 15/5/24 to 7/8/24) — Consultation on potential change to rule 45 HESC Rules (and other similar rules) to allow tribunals to set aside procedurally irregular decisions on their own initiative.
- 15/06/24: Legislation. Victims and Prisoners Act 2024 — Section 21 (when in force) will allow victim impact statements at tribunals.
- 15/06/24: Costs guidance. Legal Aid Agency, 'Costs Assessment Guidance: for use with the 2018 Standard Civil Contracts' (v10, December 2023) — The (minor) changes made in each version are listed on the second page of this document.
- 15/06/24: Case (Donationes mortis causa). Rahman v Hassan [2024] EWHC 1290 (Ch) — This case, primarily about transactions between the claimant and the deceased, mentions capacity under the common law and MCA 2005.
Consultations
To do
Things that will end up with their own MHLO pages, when I have time...
- 16/06/24: Northern Health and Social Care Trust, Application for Judicial Review [2024] NICA 44B (28 February 2024) - JR by trust of review tribunal discharge decision
- 26/05/24: A, Re (Covert Medication: Residence) [2024] EWCA Civ 572B (23 May 2024)
- 26/05/24: Berg & Anor v The London Borough of Tower Hamlets & Ors [2024] EWFC 92B (10 May 2024)
- 26/05/24: Calocane, R. v [2024] EWCA Crim 490B (14 May 2024) - s37/41 not unduly lenient
- 26/05/24: Final minutes and action points following the COP General User Group meeting held on 23 April 2024 (see email 23/5/24)
- 26/05/24: Griffiths, Application to Set Aside [2023] PBSA 24B (28 April 2023). Release of MHA patient by Parole Board set aside.
- 26/05/24: Hill Dickinson MCA/DOLS update 4/7/24 (emailed 23/5/24)
- 26/05/24: https://thesmallplaces.wordpress.com/2024/05/24/you-dont-need-to-demonstrate-mental-capacity-to-be-allowed-to-vote/
- 26/05/24: Mental Health Act reform – impacts on autistic people and people with a learning disability https://post.parliament.uk/research-briefings/post-pn-0722/
- 26/05/24: Muir v Astra Zeneca UK Limited Case No: 2405955/2021 - summarised in https://localgovernmentlawyer.co.uk/employment/312-employment-features/57406-employees-and-mental-health
Email updates
Choose occasional and/or monthly update emails. To sign up, please go to the email updates subscription page.
CPD
The CPD scheme is primarily aimed at mental health solicitors, and is an ideal way to evidence your continued competence, but is also suitable for barristers, psychiatrists, social workers and psychiatric nurses. For £60, you can obtain 12 CPD credits.
Jobs
Advertise your vacancies here
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Events
Books
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