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October 2019 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 1996 categorised cases


Cases

  • Case (Withdrawal of life-sustaining treatment - transfer to Italy). Raqeeb v Barts NHS Foundation Trust [2019] EWHC 2531 (Admin) — This judgment related to: (a) the child's (Tafida's) judicial review of the Trust's decision not to agree to transfer her to an Italian hospital; (b) the Trust's application for a specific issue order under s8 Children Act 1989, and for an inherent jurisdiction declaration, that it was in the child's best interests for life-sustaining treatment to be withdrawn. Both applications were dismissed, with the effect that one of the hospitals had to continue life-sustaining treatment and, there being no justification for interfering with Tafida's right (under Article 56 Treaty for the Functioning of the European Union) to receive treatment in another EU state, it was anticipated that the transfer would take place. The judgment provides guidance on dealing with a request by parents of an EU citizen child for transfer for medical treatment in another Member State.
  • Case (Sentence appeal - s45A). R v Yuel [2019] EWCA Crim 1693 — (1) The appellant accepted that the s45A hybrid order was reasonable in the circumstances. The court discussed the mental health sentencing regime (including s45A and restricted hospital orders) at paragraphs 44-47. (2) The trial judge's sentence was 11 years' imprisonment for each of six rapes and three years for breach of a Sexual Harm Prevention Order, to be served concurrently.On appeal this was increased to 14 years with a five-year extended licence period.
  • Case (Inherent jurisdiction prevents elderly man from living with son). Southend-On-Sea Borough Council v Meyers [2019] EWHC 399 (Fam) — "The essence of his vulnerability is, in fact, his entirely dysfunctional relationship with his son ... Mr Meyers, I am satisfied, is entirely capable of and has the capacity ... for determining where he wishes to reside and with whom. ... I instinctively recoil from intervening in the decision making of a capacitious adult ... Here Mr Meyers' life requires to be protected and I consider that, ultimately, the State has an obligation to do so. Additionally, it is important to recognise that the treatment of Mr Meyers has not merely been neglectful but abusive and corrosive of his dignity. To the extent that the Court's decision encroaches on Mr Meyers' personal autonomy it is, I believe, a justified and proportionate intervention. The preservation of a human life will always weigh heavily when evaluating issues of this kind. ... The objective here ... is that Mr Meyers be prevented from living with his son, either in the bungalow or in alternative accommodation. I do not compel him to reside in any other place or otherwise limit with whom he should live. ... The impact of the Court's intervention is to limit Mr Meyers's accommodation options but it does not deprive of his physical liberty which is the essence of the right guaranteed by Article 5. ... It is also necessary to restrict the extent of Mr Meyers's contact with his son in order to keep him safe. ... To the extent that this interferes with his Article 8 rights it is, again as I have indicated above, a necessary and proportionate intervention. ... The ideal solution here, it seems to me, would be for Mr Meyers to return to his bungalow with a suitable package of support, his son having been excluded from the property."
  • Case (Claimant not told value of settlement). DXW v PXL [2019] EWHC 2579 (QB) — "In the Application Notice seeking approval of the settlement, the Claimant also sought what has been called an "EXB Order" after the judgment of Foskett J in EXB v FDZ and others [2018] EWHC 3456 (QB)M. In that case, Foskett J made what was a novel form of order to the effect that it was not in the best interests of the claimant to know the amount of a settlement of his personal injuries action in circumstances where the court had also determined that the claimant lacked capacity to decide whether or not he should know the amount of the settlement."

Resources

  • State of Care report 2018/19. CQC, 'The state of health care and adult social care in England 2018/19' (14/10/19) — This document contains chapters on mental health care and the Deprivation of Liberty Safeguards. The headings in the summary chapter are: (1) The care given to people with a learning disability or autism is not acceptable; (2) Other types of care are under pressure; (3) More and better community care services are needed; (4) Care services and organisations must work more closely together; (5) More room and support need to be given for innovations in care.

News

  • Panel interview procedure clarification. The Law Society website (at the time of writing, 18/10/19) states that "there will not be an opportunity consult any reference materials during the interview itself", despite the guidance document stating that "[a]pplicants may make use of books and other reference material when preparing the case study and may take these and any notes into the interview". It would be wise to check this for yourself as conflicting answers have been given in the past. The official position in 2017 was that the website was wrong (email from Jane Sweetman, 27/2/17). The official position now is that you are allowed to use reference materials for the Case Study Q&A but not for the Professional Ethics Q&A (email from Beth Hamill, 18/10/19) and the Law Society have again undertaken to amend the guidance. See Law Society mental health accreditation scheme.
  • Speakers added to Edge 2019 AMHP conference listing. Speakers include: Rhys Hadden (An introduction to Coroners court and inquests - what an AMHP needs to know); Claire Barcham (Learning from research: Managing the interface between MHA assessments and custody); Robert Lewis; Steve Gilbert; Steven Richards (DOLS - A new beginning? The Liberty Protection Safeguards). Chaired by Christine Hutchison, Director of Edge Training & Consultancy Ltd. See Event:Edge Training: 2019 AMHP Conference - London, 6/12/19.

Events

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Other items

  • Oct 2019: Court of Protection: Bagguley v E [2019] EWCOP 49B (25 October 2019)
  • Oct 2019: Court of Protection: London Borough of Southwark v NP & Ors [2019] EWCOP 48B (24 October 2019)
  • Oct 2019: Court of Protection: JDO, Re (authorisation of deprivation of liberty) [2019] EWCOP 47B (22 October 2019)
  • Oct 2019: Court of Protection: An NHS Foundation Trust v AB & Ors [2019] EWCOP 45B (21 October 2019)
  • Oct 2019: Court of Protection: P, Re [2019] EWCOP 42B (01 October 2019)

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