November 2017 update
Website
- Magic Book. The Magic Book is a database of contact details. It is a new addition to MHLO - but it can be expanded and be a success if everybody joins in, including you. 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. On 30/11/17 Mental Health Law Online contained 1866 categorised cases
- Chronology. See November 2017 chronology for this month's changes to the website in date order.
Case law
- After-care payments and double recovery. Tinsley v Manchester City Council [2017] EWCA Civ 1704 — "The question in this appeal is whether a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the Mental Health Act 1983 and has then been released from detention but still requires "after-care services" is entitled to require his local authority to provide such services at any time before he has exhausted sums reflecting the costs of care awarded to him in a judgment in his favour against a negligent tortfeasor."
- Disposal of Ian Brady's body. Oldham MBC v Makin [2017] EWHC 2543 (Ch) — "This claim concerns the question of whether certain orders should be made in respect of the disposal of the body of Ian Stewart-Brady, formerly Ian Brady, one of the infamous Moors murderers."
- Withdrawal of CANH. NHS Trust v Y [2017] EWHC 2866 (QB) — "This is a claim for a declaration under CPR Part 8 that it is not mandatory to bring before the Court the withdrawal of Clinically Assisted Nutrition and Hydration ("CANH") from a patient who has a prolonged disorder of consciousness in circumstances where the clinical team and the patient's family are agreed that it is not in the patient's best interests that he continues to receive that treatment, and that no civil or criminal liability will result if CANH is withdrawn."
Case law summary
- DOL case summaries. Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2015-17' (November 2017 edition, 22/11/17) Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2015-17' (November 2017 edition, 22/11/17) — This two-page document summarises selected domestic and European caselaw on deprivation of liberty between 2015 and 2017 inclusive. It is updated periodically, and a more recent version is available here: Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2015-18' (January 2018 edition, 30/1/18).§
Legislation
- New COP Rules. Court of Protection Rules 2017 Court of Protection Rules 2017 — These rules revoke the Court of Protection Rules 2007 and come into force on 1/12/17.
Law Society
- Practice note for ALRs. Law Society, 'Practice note: Accredited Legal Representatives in the Court of Protection' (10/11/17) Law Society, 'Practice note: Accredited Legal Representatives in the Court of Protection' (10/11/17) — This practice note includes detailed advice on: (1) the role of an Accredited Legal Representative; (2) communicating with and taking instructions from your client; (3) representing P and ensuring P’s effective participation; (4) your duties of confidentiality and disclosure; (5) good practice in the Court of Protection; (6) funding of P’s legal costs; (7) applications under s21A Mental Capacity Act 2005; (8) other issues e.g. breach of the HRA 1998. Superseded by: Law Society, 'Practice note: Accredited legal representatives in the Court of Protection' (5/12/19).
SRA
- SRA confidentiality guidance. SRA, 'Ethics guidance: Disclosure of client's confidential information' (5/2/16) SRA, 'Ethics guidance: Disclosure of client's confidential information' (5/2/16) — This guidance deals with Outcome 4.1 of the SRA Code of Conduct 2011, which is that "you keep the affairs of clients confidential unless disclosure is required or permitted by law or the client consents", to which there are no exceptions (in contrast with the previous SRA Code). The status of this guidance is described as follows: "This advice does not form part of the SRA Handbook and is not mandatory, but the SRA may have regard to it when exercising its regulatory functions. This guidance is intended to highlight that where you disclose client information, your justification for doing so will be taken into consideration for conduct purposes. In some limited circumstances, the justification is likely to result in us deciding to take no regulatory action as a result." Circumstances in which disclosure may be justified for conduct purposes are described under the following headings: (1) Where a client has indicated their intention to commit suicide or serious self harm; (2) Preventing harm to children or vulnerable adults; (3) Preventing the commission of a criminal offence. Superseded by SRA, 'Guidance: Confidentiality of client information' (25/11/19).
Events
- Event. Edge Training: Best Interests Assessors Report Writing Course - London, 19/3/18 — 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. Cost: £140 + VAT (£168). See flyer for further details and booking information.
- Event. Edge Training: MCA and Tenancy Agreements - London, 9/3/18 — This course will consider how staff should assess mental capacity in relation to tenancy agreements and the key case law in this area. It will also consider the legal validity of tenancy agreements signed by, or on behalf of, those lacking capacity; and when people lacking capacity may be placed without a tenancy agreement being in place. Speaker: Aasya Mughal. Cost: £140 + VAT (£168). See flyer for further details and booking information. [Changed date field as course was cancelled.]
- Event. Edge Training: DOLS MH Assessor Annual Refresher Course - London, 2/3/17 — Moved to: Event:Edge Training: DOLS MH Assessor Annual Refresher Course - London, 20/4/18
- Event. Edge Training: DOLS Authorised Signatories - London, 26/2/17 — 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. Cost: £140 plus VAT (£168). See flyer for further details and booking information.
- Event. Edge Training: Best Interests Assessors Legal Update Course - London, 5/2/18 — 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: Steven Richards. Cost: £140 plus VAT (£168). See flyer for further details and booking information.
- Event. Edge Training: Mental capacity and best interests assessments (advanced) - London, 2/2/18 — This course considers practice issues under the Mental Capacity Act such as record keeping, disputes, unwise decisions and balancing risk. The course also conveniently disseminates the body of court judgments that apply to mental capacity assessments and best interests. It looks at some of the more complex cases around special issues in assessing capacity such as risk taking, contact, serious treatment, residence, vulnerable people and the inherent jurisdiction. The judgments used are selected to be most useful to health and social care staff and will provide a practical knowledge base they can refer to in daily practice. Speaker: Aasya Mughal. Cost: £140 plus VAT (£168). See flyer for further details and booking information.
- Event. Edge Training: Deprivation of liberty in children and young people - London, 22/1/18 — 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 their 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. Speaker: Dawn Revell. Cost: £140 plus VAT (£168). See flyer for further details and booking information. [Changed date as course was cancelled.]
- Event. Edge Training: Best Interests Assessors Legal Update Course - London, 15/1/18 — 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: Steven Richards. Cost: £140 plus VAT (£168). See flyer for further details and booking information.
- Event. Clarion Solicitors: Court of Protection Masterclass - Leeds, 16/11/17 — This morning event will provide updates on contentious issues in the Court of Protection, particularly regarding statutory will applications, the role and challenges faced by a professional deputy, an update on benefits and a discussion surrounding financial abuse. Speakers: Francesca Gardner, Daniel Lumb, Liesel Annible, Lorraine Podmore. See Clarion website for further details and booking information. See Events
- Event. University of Leeds: Law Reform and Practice Implications of the UNCRPD - Leeds, 14/11/17 — This seminar will examine the implications of recent UNCRPD and Law Commission reports, and will be of direct interest to solicitors and advisors working for law firms, local authorities and NHS Trusts, as well as students of law, social policy and disability studies, School of Law alumni and friends. Speakers: Aswini Weereratne QC (Using the CRPD in English courts), Ulele Burnham (Equality and discrimination), Dr Bev Clough (Deprivation of liberty safeguards), Prof Anna Lawson (Independent living), Dr Amanda Keeling (Mental Health Act). Chairman: Oliver Lewis. This is a free event but registration is required in advance. See Eventbrite website for further details and booking information. See Events
- Event. The Dev: Thrash Therapy (music gig) - London, 1/12/17 — Extract from event website: "Thrash Therapy aims to stop the stigma of mental health, particularly anxiety and depression. The event will raise money for mental health charity Mind and we'll even have representatives from Mind and IAPT present to answer any questions on the conditions and what help is available. If you simply want to grab a leaflet, these will also be available." Live music from 6pm till 10.30pm; DJs till 2am. Free entry. For further details see Carpe Diem website See Events
Edge Training: Best Interests Assessors Report Writing Course - London, 19/3/18: — 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… https://t.co/TZp1hv7KTS
— Mental Health Law (@MHLonline) November 30, 2017
Edge Training: MCA and Tenancy Agreements - London, 9/3/18: — This course will consider how staff should assess mental capacity in relation to tenancy agreements and the key case law in this area. It will also consider the legal validity of tenancy… https://t.co/DlV5yUlq1n
— Mental Health Law (@MHLonline) November 30, 2017
Edge Training: DOLS MH Assessor Annual Refresher Course - London, 2/3/17: — This refresher course has been designed to meet the needs of DOLS Mental Health Assessors. It will cover key topics that cause uncertainty or dilemmas for MH Assessors and go… https://t.co/loDNe8NWi0
— Mental Health Law (@MHLonline) November 30, 2017
Edge Training: DOLS Authorised Signatories - London, 26/2/17: — 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… https://t.co/2KJ9SzsRGr
— Mental Health Law (@MHLonline) November 30, 2017
Edge Training: Best Interests Assessors Legal Update Course - London, 5/2/18: — 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;… https://t.co/EN4TgamUbC
— Mental Health Law (@MHLonline) November 30, 2017
Edge Training: Mental capacity and best interests assessments (advanced) - London, 2/2/18: — This course considers practice issues under the Mental Capacity Act such as record keeping, disputes, unwise decisions and balancing risk. The course also… https://t.co/p4mQdewQXe
— Mental Health Law (@MHLonline) November 30, 2017
Edge Training: Deprivation of liberty in children and young people - London, 22/1/18: — 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… https://t.co/BYAcLn1peX
— Mental Health Law (@MHLonline) November 30, 2017
Edge Training: Best Interests Assessors Legal Update Course - London, 15/1/18: — 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;… https://t.co/YmzF5mOwvu
— Mental Health Law (@MHLonline) November 30, 2017
“Manuela Sykes obituary” https://t.co/wbjWTMXYDA
— Mental Health Law (@MHLonline) November 29, 2017
Woman awarded £9m damages for care of son who 'should not have been born' https://t.co/kQqqz0gfKW
— Guardian Law (@GdnLaw) November 25, 2017
Medical treatment case. NHS Trust v Y [2017] EWHC 2866 (QB), [2017] MHLO 37: — "This is a claim for a declaration… https://t.co/3nMORV3va5
— Mental Health Law (@MHLonline) November 26, 2017
New Practice Directions to support the consolidated Court of Protection Rules 2017 are now published https://t.co/stp6tZoKun
— CoP Made Clear (@CoPhub) November 24, 2017
Hi Lucy, The decision was taken to change the Guardianship collection to a biennial publication. The next publication will cover 2016-17 and 2017-18 in one data collection. Details can be found on the social Care collections page https://t.co/Okc6V63SbP. Thanks Gregor pic.twitter.com/G9QipHQleO
— NHS Digital (@NHSDigital) November 24, 2017
DOL case summaries. Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2015-17'… https://t.co/Xo3wojJmlX
— Mental Health Law (@MHLonline) November 23, 2017
Medical law - I suspect this will go to appeal https://t.co/fsqDOvheI1
— CrimeLine Complete (@CrimeLineLaw) November 23, 2017
Law Society Accreditation Schemes exposed as the money making sham that they are https://t.co/WvgY3Y2g8i
— CrimeLine Complete (@CrimeLineLaw) November 22, 2017
Here's @ZenaSoormally on the role of ALRs https://t.co/aP0Woee7tH
— Sophy Miles (@sophymiles1) November 22, 2017
Court of Protection: NB, Re [2017] EWCOP 16 (09 June 2017) https://t.co/0MgED8hOBd
— Mental Health Law (@MHLonline) November 22, 2017
Case: NHS Trust v Y & Anor [2017] EWHC 2866 (QB) - ?This was a claim for a declaration under CPR Part 8 that it... https://t.co/y3jGfwcDjt
— CoP Made Clear (@CoPhub) November 20, 2017
An inquest found Polly Ross died after a “very serious failure” that allowed her to leave a mental health unit unchaperoned.https://t.co/umi1pxUS1q
— INQUEST (@INQUEST_ORG) November 20, 2017
November 2017 39 Essex Chambers Mental Capacity Reports now out https://t.co/UlPtyKF4VL
— Alex Ruck Keene (@Capacitylaw) November 20, 2017
Even without any risk of HVI or hepatitis, no police officer is ever going to willingly allow themselves to be spat at - no spit-guard just means manual handling of the head and neck. It’s the one or the other - https://t.co/xQoRyf5tgb
— Michael Brown (@MentalHealthCop) November 19, 2017
“Deprivation of liberty and the zone of parental responsibility” by Sophy Miles https://t.co/POyZpPqPVs
— Mental Health Law (@MHLonline) November 19, 2017
“UK banker being kept alive against wishes of family and doctors: Official solicitor expected to appeal against ruling that judicial permission is not needed to withdraw life support from Mr Y” https://t.co/1TAc9CQIQn
— Mental Health Law (@MHLonline) November 19, 2017
“Wet signatures protect against fraud and abuse” https://t.co/NmfBw7GxxY
— Mental Health Law (@MHLonline) November 19, 2017
Here is the latest Legal Aid
Bulletin:#legalaid https://t.co/xusmKYBB7i pic.twitter.com/C841uJpm8j— Legal Aid Agency (@LegalAidAgency) November 17, 2017
“Mental health patient slept in a CHAIR for a week while waiting for a bed” https://t.co/yKLq5SlWuH
— Mental Health Law (@MHLonline) November 19, 2017
Community treatment orders offer few social benefits for patients with psychotic illnesses, research finds.https://t.co/2yrW7Ubg3d
— Community Care (@CommunityCare) November 17, 2017
BBC News - FDA approves 'trackable' pill https://t.co/d0URJi082z
— Mental Health Law (@MHLonline) November 16, 2017
Court of Protection: University Hospitals of North Midlands NHS Trust v JT [2017] EWCOP 25 (12 October 2017) https://t.co/pQUJ7HH2tB
— Mental Health Law (@MHLonline) November 15, 2017
Court of Protection: SAD & Anor v SED [2017] EWCOP 3 (04 November 2016) https://t.co/pB4v0c7lx5
— Mental Health Law (@MHLonline) November 15, 2017
“Mother killed herself after 'serious failure' by mental health unit” https://t.co/rUIuETSWhY
— Mental Health Law (@MHLonline) November 15, 2017
Mentally ill man who killed fellow patient sentenced to 12 years under Sec 45a MHA https://t.co/pmEQwWVYRM
— hundredfamilies (@hundredfamilies) November 14, 2017
Dr Valerie Murphy MPTS Tribunal: Decision on Impairment https://t.co/fUPGcXbhm2
Tribunal reconvenes Mon 19 February 2018 to decide on sanction #JusticeforLB— JusticeforLB GMC (@JusticeforLBGMC) November 12, 2017
“Psychiatrist showed 'no remorse' after death of teenager, tribunal finds” https://t.co/j2hs4nzBST
— Mental Health Law (@MHLonline) November 13, 2017
“NHS cracks down on mental health patients being sent out of area” https://t.co/TROt5FTR7z
— Mental Health Law (@MHLonline) November 13, 2017
Blavo v Law Society: Hearing of appeal in the Court of Appeal commences on 15 or 16 May 2018
— CrimeLine Complete (@CrimeLineLaw) November 13, 2017
Upper Tribunal: DL-H v West London Mental Health Trust and the Secretary of State for Justice (Mental health) [2017] UKUT 387 (AAC) (28 September 2017): From Upper Tribunal (Administrative Appeals Chamber) https://t.co/l28gSrGblV
— Mental Health Law (@MHLonline) November 12, 2017
SRA confidentiality guidance. SRA, 'Ethics guidance: Disclosure of client's confidential information' (5/2/16): — This guidance deals with Outcome 4.1 of the SRA Code of Conduct 2011, which is that "you keep the affairs of clients confidential unless… https://t.co/VYjvIIQzRf
— Mental Health Law (@MHLonline) November 11, 2017
Practice note for ALRs. Law Society, 'Practice note: Accredited Legal Representatives in the Court of Protection' (10/11/17): — This practice note includes detailed advice on: (1) the role of an Accredited Legal Representative; (2) communicating with and… https://t.co/5UnFH62jRe
— Mental Health Law (@MHLonline) November 11, 2017
New COP Rules. Court of Protection Rules 2017: — These rules revoke the Court of Protection Rules 2007 and come into force on 1/12/17. https://t.co/NEGb7FEspo
— Mental Health Law (@MHLonline) November 11, 2017
Father is banned from hospital treating brain-damaged son, court told https://t.co/dMKbEYTaiq
— transparency project (@seethrujustice) November 11, 2017
Overview of post-discharge predictors for psychiatric re-hospitalisations: a systematic review of... https://t.co/a2O3DiaR1B #bmcpsychiatry
— David Cochrane (@dlgcochrane) November 11, 2017
Read the replies to this :-) https://t.co/lfmtpcmIjK
— Mental Health Law (@MHLonline) November 10, 2017
Ooh... just came across this great learning disability timeline via @WalmsleyJan 's page https://t.co/hBJex2qTqC
— Lucy Series (@TheSmallPlaces) November 10, 2017
Woman’s mental health ‘declined’ after council took two and a half years to complete support plan.https://t.co/HY8I2LrSly
— Community Care (@CommunityCare) November 10, 2017
Moving on from difficult families, we've now got "families from hell" ASK THE EXPERT: Managing the relative from Hell https://t.co/vJHVIEa1OD
— Mark Neary (@MarkNeary1) November 9, 2017
"Sorry, Untreated seriously mentally ill ARE more violent." To help them we have to recognize this https://t.co/q6vPogAkD2
— MentalIllnessPolicy (@MentalIllPolicy) November 9, 2017
An inquest has found neglect contributed to the death of Heather Loveridge in a Peterborough mental health ward.https://t.co/clPqJUqBuJ
— INQUEST (@INQUEST_ORG) November 9, 2017
New Court of Protection Rules to come into force on 1 December https://t.co/fCxgD2MpYg #CoP #MCA
— CoPPA North East (@NorthEastCoPPA) November 2, 2017
Clarion Solicitors: Court of Protection Masterclass - Leeds, 16/11/17: — This morning event will provide updates on contentious issues in the Court of Protection, particularly regarding statutory will applications, the role and challenges faced by a… https://t.co/KxXCBut8yj
— Mental Health Law (@MHLonline) November 9, 2017
University of Leeds: Law Reform and Practice Implications of the UNCRPD - Leeds, 14/11/17: — This seminar will examine the implications of recent UNCRPD and Law Commission reports, and will be of direct interest to solicitors and advisors working for law… https://t.co/IevhOognFw
— Mental Health Law (@MHLonline) November 9, 2017
The Dev: Thrash Therapy (music gig) - London, 1/12/17: — Extract from event website: "Thrash Therapy aims to stop the stigma of mental health, particularly anxiety and depression. The event will raise money for mental health charity Mind and we'll even… https://t.co/gO9pDsONyn
— Mental Health Law (@MHLonline) November 8, 2017
Cobb J determines Gillick competence imports principles of MCA capacity test: requires sufficient not full understanding to have competence https://t.co/hLWfcoUpqT
— Bridget Dolan QC (@DrBridgetDolan) November 4, 2017
"You showed a total disregard for a person's life" https://t.co/xSbCReN4EF
— Mental Health Law (@MHLonline) November 8, 2017
After-care case. Tinsley v Manchester City Council [2017] EWCA Civ 1704, [2017] MHLO 36: — "The question in this appeal is whether a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the Mental Health Act 1983… https://t.co/Y770GeyH3e
— Mental Health Law (@MHLonline) November 8, 2017
Council must meet mental health aftercare costs for man already awarded £3.5 million in damages.https://t.co/xMrT57CCwU
— Community Care (@CommunityCare) November 8, 2017
Ian Brady case. Oldham MBC v Makin [2017] EWHC 2543 (Ch), [2017] MHLO 35: — "This claim concerns the question of… https://t.co/kDVjr3Fnqs
— Mental Health Law (@MHLonline) November 5, 2017
Ian Brady disposal judgment (unredacted) https://t.co/0CKkvIUAT9
— CrimeLine Complete (@CrimeLineLaw) November 3, 2017
Fact Check: Is it true there were no psychiatric beds available anywhere in England last weekend? - https://t.co/Spy3GZN3SI
— Michael Brown (@MentalHealthCop) November 2, 2017
Judgment limits cases social workers will have to take to court regarding detention of young people.https://t.co/yLBtO5busW
— Community Care (@CommunityCare) November 2, 2017
The amendments to police powers under the Mental Health Act will take effect on 11th December 2017.
— Michael Brown (@MentalHealthCop) October 31, 2017
The @LegalAidAgency wins failed tender appeal https://t.co/tZggsk1jGL
— CrimeLine Complete (@CrimeLineLaw) October 31, 2017
The Mental Health Act 1983 (Places of Safety) Regulations 2017 https://t.co/56o29dmcfv
— CrimeLine Complete (@CrimeLineLaw) October 31, 2017
Interesting case- need for Court approval does not breach incapacitous Claimant's human rights: https://t.co/h1iKs5a1El
— simon burrows (@simonburrows23) October 31, 2017
DoLS applications to local authorities up 11% in year to March 2017 https://t.co/7aAUD6ygG9
— CoP Made Clear (@CoPhub) November 1, 2017