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September 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.

Case law

  • After-care case. R (CXF) v Central Bedfordshire Council [2017] EWHC 2311 (Admin) — "The central question raised in these proceedings is whether either or both of the Defendants has a duty under s117 of the MHA to cover the costs of the Claimant's mother's visits, on the ground that they constitute "after-care services" within the meaning of that provision. ... The specific issues that arise are as follows: (a) Whether the duty to provide after-care services under s117 is triggered when the Claimant is granted leave of absence from the Hospital under s17 of the MHA for an escorted bus trip. This issue turns on the question whether, when granted such leave of absence, the Claimant satisfies the two pre-conditions set out in s. 117(1), namely, (i) that he has "ceased to be detained" under s3 of the MHA, and (ii) that he has "left hospital"; (b) If so, whether the after-care services which are to be provided pursuant to s117(6) of the MHA may as a matter of principle include funding to cover the Claimant's mother's transport costs; (c) If so, whether on the facts of this case there is a duty to provide the funding sought as an after-care service under s117; (d) If so, whether the duty to provide the services falls on the First and Second Defendants jointly, or in fact falls on the First Defendant jointly with Bedfordshire Clinical Commissioning Group, which was originally joined as a Defendant to these proceedings, but against which proceedings were discontinued in March 2017."
  • Upper Tribunal case. JMcG v Devon Partnership NHS Trust [2017] UKUT 348 (AAC) — The Upper Tribunal stated (probably wrongly) that the date of a deferred discharge cannot exceed the date of the order authorising detention. This was only obiter and seems to have been based on the false premise that a deferred discharge beyond the date on which the authority for the patient’s detention expires would have the effect of extending the period of detention.
  • Deportation following hospital order. SSHD v KE (Nigeria) [2017] EWCA Civ 1382 — "This is an appeal [which] gives rise to the narrow, but important, issue as to whether a non-British citizen who is convicted and sentenced to a hospital order with restrictions under sections 37 and 41 of the Mental Health Act 1983 is 'a foreign criminal who has been sentenced to a period of imprisonment of at least four years' for the purposes of section 117C(6) of the Nationality, Immigration and Asylum Act 2002, so that the public interest requires his deportation unless there are very compelling circumstances that mean that it would be a disproportionate interference with his rights under article 8 of the European Convention on Human Rights to deport him."

Other

  • Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2015-17' (September 2017 edition, 28/9/17). details. See Newsletters#Edge Training
  • IJMHCL third edition. [2017] IJMHCL pagesM 1-83. The articles in this edition are: (1) Editorial (Darius Whelan, Emma Cave); (2) Severe and Enduring Anorexia Nervosa in the Court of Protection in England and Wales (Emma Cave, Jacinta OA Tan); (3) Analysing the Definition of Disability in the UN Convention on the Rights of Persons with Disabilities: is it really based on a 'Social Model' approach? (Katerina Kazou); (4) Negotiating Relationality: Mental Capacity as Narrative Congruence (David Gibson); (5) Some Continental European Perspectives on Safeguards in the Case of Deprivation of Liberty in Health and Social Care Settings (Walter Boente). See International Journal of Mental Health and Capacity Law
  • IJMHCL second edition. [2016] IJMHCL pagesNot on Bailii! 71-143. In the archives, the first and second editions are both called "No 22 (2016)". The articles in this edition are: (1) Editorial (Daniel W. Liang Wang, Alex Ruck Keene, Ruth Fletcher, Catherine Penny, Richard Ashcroft); (2) Disability, Deprivation of Liberty and Human Rights Norms: Reconciling European and International Approaches (Eilionóir Flynn); (3) DoLS or Quality Care? (Gordon Rayment Ashton); (4) Capacity Assessment and Information Provision for Voluntary Psychiatric Patients: a service evaluation in a UK NHS Trust (Benjamin Ian Perry, Swaran Preet Singh, David Hedley White); (4) Deprivation of Liberty: the position in Scotland (Laura Jean Dunlop). See International Journal of Mental Health and Capacity Law

Events

  • Court of Protection User Group - London, 11/10/17 — No results See Events
  • Healthcare Conferences UK: DOLS: Towards Liberty Protection Safeguards - London, 8/12/17 — No results See Events
  • Edge Training: DOLS: a new beginning? - London, 9/10/17 — No results See Events
  • Edge Training: Deprivation of liberty in the community - London, 6/10/17 — No results See Events
  • Difficult Conversations: End of Life Care: Advanced Legal Issues Masterclass - London, 29/11/17 — No results See Events
  • Difficult Conversations: End of Life Care: Advanced Legal Issues Masterclass - London, 12/10/17 — No results See Events
  • CDLP: Making our own Decisions: Sharing Stories and Creating Change - Galway, 22/11/17 — No results See Events

Jobs

The following jobs were advertised in August 2017 (and the deadline has now passed).

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