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November 2024 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 2391 categorised cases


Cases

  • Case (Non-recognition of Scottish Guardianship Order). Aberdeenshire Council v SF (No 2) [2024] EWCOP 10 — The Court of Protection exercised its discretion to refuse to recognise a Scottish Guardianship Order (which authorised SF's mother to consent to deprivation of liberty) because: (1) "(a) the case in which the measure was taken was not urgent, (b) the adult was not given an opportunity to be heard, and (c) that omission amounted to a breach of natural justice" (para 19(3) of sch 3 MCA 2005); (2) "the measure would be inconsistent with a mandatory provision of the law of England and Wales" (para 19(4)(b)), as the breaches of Article 5(1)(e) and Article 5(4) would be unlawful under s6 HRA 1998; and (3) "recognition of the measure would be manifestly contrary to public policy" (para 19(4)(a)), because of the breach of natural justice and the breaches of fundamental human rights under Article 5, 6 and 8.
  • Case (Inherent jurisdiction and MHA). Re SB [2024] EWHC 2964 (Fam) — SB, a 15-year-old, was subject to an interim care order, and a deprivation of liberty order made under the High Court's inherent jurisdiction. The local authority argued that the court should declare that SB was within the scope of the MHA and that therefore the inherent jurisdiction could not be used. Its submissions were based on parity of argument with the Case E ineligibility provisions in the MCA, the interpretation given to them in GJ, and the approach taken by the court in JS. The High Court decided that the approach taken in JS did not apply to the inherent jurisdiction: to make a declaration about MHA detention would be to exercise an impermissible supervisory review function; if such a declaration were made as a means of influencing the professionals' decisions then it would be an abuse of process; in any event, the outcome might leave SB without protection from either regime.
  • Case (Forfeiture rule and assisting suicide). Morris v Morris [2024] EWHC 2554 (Ch) — A husband who had unlawfully assisted his wife's suicide applied (successfully) under s2(2) Forfeiture Act 1982 for the effect of the forfeiture rule, which ordinarily would have disabled him from taking any beneficial interest under her will, to be modified. The wife's children and sister had also travelled abroad with her but had not committed acts capable of assisting suicide.
  • Case (Recognition of foreign protective measure). Health Service Executive of Ireland v SM [2024] EWCOP 60 (T3) — Recognition and enforcement by the Court of Protection was sought in relation to an order made under the Southern Irish High Court's inherent jurisdiction for SM's treatment at a specialist facility in the UK. Although under that inherent jurisdiction she had been found to lack capacity, and the judge agreed that the treatment was in SM's best interests, and continued to recognise and enforce the orders, he directed that a capacity assessment be filed to allow him to assess capacity under the MCA 2005.

Legislation

Resources

  • Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 145, November 2024) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: anticipatory declarations; systemic failure in considering PDOC patients, and the CQC and DoLS; (2) In the Property and Affairs Report: Senior Judge Hilder reversing reverse indemnities and considering the scope of deputies’ authority in the context of Personal Health Budgets; (3) In the Practice and Procedure Report: costs and delay and capacity in cross-border cases; (4) In the Mental Health Matters Report: the Mental Health Bill is introduced; (5) In the Wider Context Report: Strasbourg suggests that the Supreme Court was wrong in the Maguire case; (6) In the Scotland Report: Scottish Government’s law reform proceeds at breakneck speed, and a symposium for Adrian."

News

  • DSA website archive. When Dave Sheppard retired he kindly gave permission for his website to be kept online. See DSA website for details.

Events

  • Event. Event:Fuse: Children detained under the Mental Health Act 1983 (online, 4/12/24) — This free online seminar will present findings from research which examined materials provided by NHS mental health trusts to detained children regarding their rights to apply to the First-tier Tribunal to challenge their detention. Speakers: Ray Arthur, Carole Burrell, Siobhan McConnell. Time: 12.30pm to 1.30pm. See FUSE website for further details and booking information.
  • Event. Event:Edge Training: AMHP conference (London, 13/12/24) — This one-day conference will explore issues pertinent to AMHP practice. It can contribute towards the statutory requirement of 18 hours relevant training per year. Speakers: Simon Foster, Camilla Parker, Suyog Dhakras, Nick Perry, Kelly Alexander, Jill Hemmington, Louise Blakley. Cost: £195 plus VAT (in person); £150 plus VAT (online). See Edge website for further details and booking information.

Jobs

Social media

Nothing to report this month.


Other items

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