November 2020 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 2081 categorised cases

• Chronology. See November 2020 chronology for this month's changes to the website in date order.

Cases

• Case (Expert evidence guidance). AMDC v AG [2020] EWCOP 58 — The court was critical of the jointly-instructed psychiatric reports in this case and provided detailed guidance on how experts' reports on capacity can best assist the court.

• Case (Ex turpi causa). Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 — The respondent admitted negligently failing to return the appellant to hospital on the basis of her manifest psychotic state, which led to her stabbing her mother to death. The Supreme Court held that the previous case of Gray v Thames Trains Ltd [2009] UKHL 33^M could not be distinguished, and should not be departed from, and that therefore the claim was barred by the doctrine of ex turpi causa non oritur actio (illegality).

Resources

• Statutory forms guidance. DHSC, 'Electronic communication of statutory forms under the Mental Health Act' (27/11/20) — "An amendment to Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 allows many of the statutory forms under the Mental Health Act 1983 (MHA) to be communicated electronically. This guidance explains: (1) the circumstances in which statutory forms and other documents can be sent electronically; (2) best practice for sending them electronically; (3) general principles around sending, signing and storing electronic forms." Updated version: DHSC, 'Electronic communication of statutory forms under the Mental Health Act' (updated 13/1/21)

• NHS commissioning. NHS England, 'Who Pays? Determining which NHS commissioner is responsible for making payment to a provider' (25/8/20) — "This revised Who Pays? guidance sets out a framework, for the NHS in England, for establishing which NHS organisation has responsibility for commissioning an individual’s care and which has responsibility for paying for that care. It is published for implementation by commissioners from 1 September 2020." There are four appendices: "Appendix 1 sets out the full dispute resolution process. Appendix 2 provides advice on defining ‘usually resident’. Appendix 3 is a one-page guide to what has moved where from 2013 Who Pays? to the 2020 version. Appendix 4, published separately in Word, contains templates for submissions made to the national team under the dispute resolution process." Superseded by: NHS England, 'Who Pays? Determining which NHS commissioner is responsible for commissioning healthcare services and making payments to providers' (v2, 30/6/22).

News

• New MHA forms. Editable Word documents and printable PDFs are now available for use from 1/12/20 onwards. Either old or new forms can be used for non-electronic communication between 1/12/20 and 1/2/21. See Mental Health Act 1983 Statutory Forms

• New, faster website server. MHLO pages now load in a fraction of a second, following last week's move to a lightning-fast server. Visit the new home page and let me know what you think on the new forum.

Events

• Event. Event:PELT: Court of Protection and MCA Masterclass (online, 20/4/21) — The course will examine in detail recent important developments in MCA/DOLS and the Court of Protection. Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.

• Event. Event:PELT: Mental Health Act Masterclass (online, 24/3/21) — 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. To include relationship between MHA and LPS. Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.

• Event. Event:PELT: Advanced course for Mental Health Act Administrators (online, 6/5/21) — This course is designed to equip new or less-experienced MHAAs with the tools to do the their job effectively. It will assume little or no knowledge of the MHA. Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information. Postponed from 17/3/21 to 6/5/21.

• Event. Event:PELT: Becoming a Mental Health Act Administrator - the basics (online, 10/3/21) — This course is designed to equip new or less experienced MHAAs with the tools to do the their job effectively. It will assume little or no knowledge of the MHA. Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.

• Event. Event:PELT: Introduction to MCA and DOLS (online, 3/3/21) — This is an intensive introduction to all those who need a basic understanding of the MCA and DOLS. Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.

• Event. Event:PELT: Depriving Children and Young People of their liberty lawfully (online, 24/2/21) — "Where do new LPS fit in? DoLs start at 18. MCA 16. MHA no minimum age for detention. How to lawfully deprive a C or YP of their liberty requires great care. What is a DoL and where does parental responsibility fit? The course looks 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. Cost: £125 plus VAT. See PELT website for further details and booking information.

• Event. Event:PELT: Introduction to the MHA, Code and Tribunals (online, 10/2/21) — This 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. Cost: £125 plus VAT. See PELT website for further details and booking information.

• Event. Event:PELT: Getting ready for Liberty Protection Safeguards (online, 21/1/21) — The course will carefully examine the steps that need to be taken to prepare for this, from a very practical perspective. Speakers: Peter Edwards and Lorraine Currie. Cost: £125 plus VAT. See PELT website for further details and booking information.

Social media

Nothing to report this month.

Other items

• Nov 2020: Herald Scotland - 'Unlawful' practice of sending elderly patients to locked Scots care home units banned after court fight
• Nov 2020: Court of Protection Handbook quarterly update – November 2020
• Nov 2020: UK Human Rights Blog - Mental health, clinical negligence and the illegality defence Henderson case
• Nov 2020: Courts and Tribunals Judiciary - Chief Coroner’s combined annual report 2018 to 2019 and 2019 to 2020
• Nov 2020: BBC - 'Toxic lockdown' sees huge rise in babies harmed or killed
• Nov 2020: Coroner - Viktor Scott Brown "Coroner criticises incomplete information from BNF & Maudsley Guidelines about worrying side-effects of Lamotrigine following patient's suicide." (Hundred Families summary)
• Nov 2020: Coroner - Ian Allen "Coroner criticises lack of Clozapine monitoring following patient's death" (Hundred Families summary)
• Nov 2020: 39 Essex Chambers - GUIDANCE NOTE: USING THE INHERENT JURISDICTION IN RELATION TO ADULTS
• Nov 2020: NHS - Assessing capacity - Consent to treatment States "Situations that must always be referred to the courts include: ... withdrawal of nutrition and hydration from a person who's in a permanent vegetative state or minimally conscious state" (Tor Butler-Cole pointed out that this is wrong following An NHS Trust & Ors v Y [2018] UKSC 46^M (30 July 2018)) - still online on 15/4/21... NHS, 'Consent to treatment' (last reviewed 29/3/19)
• Nov 2020: "Mental Health trust in Essex pleads guilty to Health and Safety breaches at the centre where the son of @MelanieLeahy Matthew died. They accepted their failure to manage ligature points allowed 11 people to die. The deaths happened between 2004 and 2015 at the North Essex Partnership Trust." @BBCLookEast
• Nov 2020: Inquest - Supreme Court lowers standard of proof for unlawful killing and suicide inquest conclusions to balance of probabilities Maughan, R (on the application of) v Her Majesty's Senior Coroner for Oxfordshire (Rev 1) [2020] UKSC 46^B (13 November 2020) https://www.bailii.org/uk/cases/UKSC/2020/46.html
• Nov 2020: BMA - Out-of-area beds: no end in sight
• Nov 2020: Code of Practice for Victims
• Nov 2020: 39 Essex Chambers - November Mental Capacity Report and walkthrough
• Nov 2020: Scottish Mental Health Law Review - Update - November 2020
• Nov 2020: Children's Commissioner - Hundreds of vulnerable ‘invisible children’ in England are being locked away without any legal protection The report, “Who are they, where are they?” shows that in the official figures there are 1,340 children ‘locked up’ in various institutions.
• Nov 2020: MCLAP - DHSC LPS Implementation 3rd Newsletter
• Nov 2020: Court of Protection: TC (Urgent Medical Treatment) [2020] EWCOP 53^B (29 October 2020)
• Nov 2020: Guardian - Judge says care home residents in England are legally allowed visitors
• Nov 2020: Court of Protection: AMDC v AG & Anor [2020] EWCOP 58^M (18 November 2020)
• Nov 2020: The Herald - 'Unlawful' practice of sending elderly patients to locked Scots care home units banned after court fight
• Nov 2020: Court of Protection: A London NHS Trust v KB & Anor [2020] EWCOP 59^B (25 November 2020)
• Nov 2020: Open Justice COP - When Expert Evidence Fails - 3/11/20

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