September 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 2354 categorised cases
- Chronology. See September 2024 chronology for this month's changes to the website in date order.
Cases
- Case (Termination of litigation friend appointment). Major v Kirishana [2023] EWHC 1593 (KB) — Appeal against refusal to order termination of litigation friend appointment.
- Case (Nursing care home - functions of public nature). Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) — The patient died while in a nursing care home operated by the first defendant. The claimant sought damages for clinical negligence and false imprisonment, and under s7 HRA 1998. The High Court struck out the HRA claim (and alternatively would have granted the first defendant summary judgment) as the first defendant was not a public authority or exercising a public function. The House of Lords decision in YL, that a private care home was not performing functions of a public nature had been overidden by Parliament in certain circumstances (by s145 Health and Social Care Act 2008 and now s73 Care Act 2014) but those circumstances did not apply in this case: the "absence of any special statutory power" (since this patient had been unlawfully deprived of his liberty without DOLS authorisation) was an "important factor" in that decision! The Article 2 claim would have been struck out in any event as the required "very exceptional circumstances" required before the State could become responsible for the acts and omissions of health care providers were not present.
- Case (Section 117 reimbursement). Kent County Council (23 012 780) [2024] MHLO 1 (LGSCO) — The council (having initially ignored a complaint) repaid £114,721.36 which had wrongly been charged between 2002 and 2021 and (having initally paid no interest) agreed to pay £17,368.50 interest, and was directed to pay £700 to remedy distress and £300 to acknowledge the time and trouble pursuing the complaint.
- Case (Capacity and Article 14 other status). Dudley Metropolitan Borough Council v Mailley [2023] EWCA Civ 1246 — This housing law case considered capacity and "other status" in an Article 14 discrimination claim.
Resources
- DOL Court data. Nuffield Family Justice Observatory, 'National deprivation of liberty court: Latest data trends' (June 2023) — "This briefing highlights high-level data trends during the full 12 months of the court pilot."
- National DOL list. President of the Family Division, 'Revised national listing protocol for applications that seek deprivation of liberty orders relating to children under the inherent jurisdiction' (September 2023) — "Following the conclusion of the initial pilot scheme in July 2023 and the extensive consultation with judges and other stakeholders which followed, the organisation and listing of DoL orders relating to children under the inherent jurisdiction is being revised. The National DoL Court will no longer operate under that title. In future, all initial applications will be dealt with as part of the National DoL List ('NDL') which will continue to be overseen as part of the work of the Family Division."
- MHA book. Richard Jones, Mental Health Act Manual (27th edn, Sweet and Maxwell 2024) — The MHA book.
- Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 143, September 2024) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal on belief and capacity, and both sexual and medical complexities before the courts; (2) In the Property and Affairs Report: a guest post updating deputies and attorneys on important responsibilities; (3) In the Practice and Procedure Report: which decisions are for doctors, and which for the courts; jury-rigging Article 5(4) compliance in community DoL cases, and transparency under the spotlight; (4) In the Mental Health Matters Report: a Mental Health Bill on the way, the hard edges of the MHA 1983 and the CQC and Valdo Calocane; (5) In the Wider Context Report: the limits of Article 3 in the context of the inherent jurisdiction, the CQC and covert medication and Lord Falconer’s Assisted Dying Bill; (6) In the Scotland Report: the Scottish Government consults on legislative measures to respond to the Scott Review and a report from the World Congress on Adult Care and Support."
- Mental health Legal Aid form. Legal Aid Agency, 'Form CW 1&2 MH' (v20, September 2024) — The LAA website update dated 1/9/24 states: "CW1&2 MH and CWC MH updated to reference the 2024 Standard Civil Contract." Note that para 3.12 of the 2018 Standard Civil Contract Specification states: "We may amend the Application Forms from time to time upon giving at least 28 days' notice to you." At the very least (if the website update counts as contractual notice) they will have to accept the old version for 28 days after 1/9/24.
Events
- Event. Event:Browne Jacobson: Mental health and capacity forum - case law update (online, 5/11/24) — Specifically designed for professionals in health and social care, this session will cover significant recent cases related to mental health, mental capacity and deprivation of liberty. N.B. "The content of this webinar is very much designed exclusively for our Health and Life Science clients and targets" and "we reserve the right to cancel bookings from competitors". Speakers: Victoria Colclough, Julia Catherall. Time: 9.30am to 10.30am. Cost: free. See Browne Jacobson website for further details and booking information.
- Event. Event:Blake Morgan: Mental Health & Capacity Matters (online, 10/10/24) — The firm's annual review of mental health and mental capacity law. Speakers: Eve Piffaretti, Tina Whitman, Daniel Taylor. Cost: free. Time: 10am - 11am. See Blake Morgan website for further details and booking information.
- Event. Event:PELT: Becoming a Mental Health Act Administrator - the Basics (online, 23/10/24) — The course is designed to equip new or less experienced MHAAs with the tools to do their job effectively. It will assume little or no knowledge of the MHA. Speaker: Peter Edwards. Cost: £125 plus VAT (£150). See PELT website for further details and booking information.
- Event. Event:PELT: Introduction to the MHA, Code and Tribunals (online, 30/10/24) — The 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 (£150). See PELT website for further details and booking information.
- Event. Event:PELT: Introduction to MCA and Deprivation of Liberty (online, 6/11/24) — Intensive introduction to all those who need a basic understanding of the MCA and DOLS. Identifying the ‘decision maker’ as the person responsible for the outcome of that particular decision is the key to lawful decision making on behalf of those who lack capacity. Speaker: Peter Edwards. Cost: £125 plus VAT (£150). See PELT website for further details and booking information.
- Event. Event:PELT: Introduction to COP, including s21A appeals (online, 13/11/24) — The Court of Protection has a very wide ambit potential touching the lives of many vulnerable people. DoLS and procedures are authorised or challenged and where arguments about capacity or adult protection and best interests are resolved. It is essential for those working with vulnerable people/safeguarding. Speaker: Peter Edwards. Cost: £125 plus VAT (£150). See PELT website for further details and booking information.
- Event. Event:PELT: Masterclass for MHA Administrators (online, 20/11/24) — This course assumes basic knowledge and experience and will examine the many demands of job and provide some effective and legal coping mechanisms. The course will enable a group of experienced MHAAs to get together and share both the demands of the job and some solutions. Speaker: Peter Edwards. Cost: £125 plus VAT (£150). See PELT website for further details and booking information.
- Event. Event:PELT: MHA Masterclass (online, 27/11/24) — This course will allow practitioners to reflect 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 DoLs. Speaker: Peter Edwards. Cost: £125 plus VAT (£150). See PELT website for further details and booking information.
- Event. Event:PELT: Court of Protection and MCA Masterclass (online, 3/12/24) — Reviews recent developments in Court of Protection cases. It will include the latest CoP cases on deprivation of liberty, capacity, health and welfare, legal aid and treatment and what practitioners can learn from these cases that will promote effective and lawful MCA practice. Speakers: Peter Edwards; Sophy Miles, Deputy District Judge of the Court of Protection. Cost: £125 plus VAT (£150). See PELT website for further details and booking information.
Social media
Nothing to report this month.
Other items
- Sep 2024: Seabrooke Manor Ltd, R (On the Application Of) v Care Quality Commission [2024] EWHC 2203 (Admin)B (27 August 2024)
- Sep 2024: https://www.gov.uk/government/news/the-2024-standard-civil-contract-now-live
- Sep 2024: TPC minutes 2 May and 6 June 2024 https://www.gov.uk/government/organisations/tribunal-procedure-committee/about
- Sep 2024: https://www.lawgazette.co.uk/practice-points/new-release-provisions-for-prisoners-and-what-they-mean-in-practice/5120702.article
- Sep 2024: Imprisonment for Public Protection: Changes to Licence - Statement made on 5 September 2024 https://questions-statements.parliament.uk/written-statements/detail/2024-09-05/hcws72
- Sep 2024: What is the Lampard Inquiry and what could it change? https://www.bbc.co.uk/news/articles/c9qgyye3y2wo
- Sep 2024: Judges want prison sentences to be even shorter https://howardleague.org/wp-content/uploads/2024/09/Sentencing-inflation-a-judicial-critique_September-2024.pdf
- Sep 2024: North Tees and Hartlepool NHS Foundation Trust v KAG [2024] EWCOP 38 (T3)
- Sep 2024: Capacity Guide - Guidance for clinicians and social care professionals on the assessment of capacity https://capacityguide.org.uk/
- Sep 2024: "Mental Health & Justice was a Wellcome Trust-funded multi-disciplinary research initiative, running between 2017-2023, addressing a cluster of public policy challenges that arise where mental health and mental healthcare interact with human rights principles.".https://www.kcl.ac.uk/research/mental-health-and-justice
- Sep 2024: Mental health rehab - the forgotten patients - Adam Eley speaks to patients with the most complex mental health needs who were sent by the NHS to specialist rehabilitation units, where they say their condition got worse. - File on 4 - https://www.bbc.co.uk/programmes/m0013hrt
- Sep 2024: Admin court JR guide Oct 2024 https://www.judiciary.uk/wp-content/uploads/2024/09/24.85_HMCTS_Administrative_Court_Guide_2024_WEB1.pdf - https://www.judiciary.uk/guidance-and-resources/the-administrative-court-judicial-review-guide-2024-has-been-published/
- Sep 2024: Oliver v Oliver [2024] EWHC 2289 (Ch)B (09 September 2024) Testamentary capacity
- Sep 2024: September 11, 2024 Phephisa Mabusa: Prevention of Future Deaths Report Mental Health related deaths https://www.judiciary.uk/prevention-of-future-death-reports/phephisa-mabusa-prevention-of-future-deaths-report/
- Sep 2024: Clark v Chief Constable of Merseyside Police [2023] EWHC 2565 (KB)M
- Sep 2024: Case: MSP Capital Ltd v Hillborough Hall Farms Ltd (unrep) HHJ Walden-Smith, Cambridge County Court, 24 January 2023 Breathing space moratorium – guarantee to secure company indebtedness - qualifying debts and non-eligible debts – stay of enforcement https://irp.cdn-website.com/56e10d16/files/uploaded/June%2023%20Monthly%20Update.pdf
- Sep 2024: https://www.gov.uk/government/publications/debt-respite-scheme-breathing-space-guidance/debt-respite-scheme-breathing-space-guidance-for-money-advisers
- Sep 2024: Bryan, R (On the Application Of) v His Majesty's Assistant Coroner for Buckinghamshire [2024] EWHC 26 (Admin)B (12 January 2024)
- Sep 2024: YR, Re (Deprivation of Liberty - Care Order - Principles of Care) [2024] EWHC 564 (Fam)B (12 March 2024)
- Sep 2024: Principles of Care for Children with Complex Needs https://www.nuffieldfjo.org.uk/resource/principles-of-care-for-children-with-complex-needs
- Sep 2024: Peterborough City Council v Mother & Ors [2024] EWHC 493 (Fam)B (06 March 2024)
- Sep 2024: October 11, 2023 Revised National Listing Protocol for applications that seek Deprivation of Liberty Orders relating to children under the inherent jurisdiction https://www.judiciary.uk/guidance-and-resources/revised-national-listing-protocol-for-applications-that-seek-deprivation-of-liberty-orders-relating-to-children-under-the-inherent-jurisdiction/
- Sep 2024: Right Care, Right Person - July 2023
- Sep 2024: R (SB) v Newham LBC [2023] EWHC 2701 (Admin)B
- Sep 2024: St Helens MBC, LGSCO 23 006 977 - deputyship fees disability-related expenditure
- Sep 2024: FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea [2024] EWHC 780 (Admin)B (09 April 2024)
- Sep 2024: October 11, 2023 Revised Practice Guidance on the Court’s approach to unregistered placements https://www.judiciary.uk/guidance-and-resources/revised-practice-guidance-on-the-courts-approach-to-unregistered-placements/
- Sep 2024: Re U [2024] EWHC 228 (Fam)B
- Sep 2024: VT v NHS Cambridgeshire And Peterborough Integrated Care Board & Anor [2024] EWHC 294 (Fam)B (14 February 2024)
- Sep 2024: PINDO MULLA v. SPAIN - 15541/20 (Right to respect for private and family life (Article 8-1 - Respect for private life) (Article 9 - Freedom of thought, conscience and religion;Article 9-1 - Freedom of religion) : Preliminary objection dismissed : Grand Chamber) [2024] ECHR 753B (17 September 2024)
- Sep 2024: Ministry of Justice and HMPPS, 'Early release on compassionate grounds' (16/8/23)
- Sep 2024: Mental Capacity Act 2005, Deprivation of Liberty Safeguards, 2023-24 - 22/8/24 https://digital.nhs.uk/data-and-information/publications/statistical/mental-capacity-act-2005-deprivation-of-liberty-safeguards-assessments/2023-24/introduction-and-key-points
- Sep 2024: NHS Norfolk and Waveney ICB (23 019 114b) Summary: We will not investigate Mr X’s complaint about the decision to detain him under the Mental Health Act, or about how he was interviewed during the assessment. This is because it was reasonable for Mr X to appeal to the mental health tribunal about the decision, and because it is unlikely we would add to the response he has already received about the assessment. https://www.lgo.org.uk/decisions/health/mental-health-services/23-019-114b
- Sep 2024: London Borough of Barking & Dagenham (23 018 262) "Summary: Ms X complained the Council billed her daughter for £20,000 in care charges for the time she spent in supported living from 2015 to 2022. Ms X says her daughter cannot manage her own finances and it failed to tell Ms X about the care charges. The Council has accepted fault for failing to complete a capacity assessment of Ms X’s daughter or keep either Ms X or her daughter suitably informed about care charges. The Council has offered to remove £15,339.64 worth of care charges from 2019 to December 2022. This is a suitable offer to reflect the fault. The Council also agreed to apologise to Ms X for delays in confirming the care charges owed from January 2023 to June 2023 and offer a payment arrangement to repay this balance owed." https://www.lgo.org.uk/decisions/adult-care-services/charging/23-018-262
- Sep 2024: London Borough of Islington v A Parent (Special Educational Needs) (Rev1) [2024] UKUT 252 (AAC)B (20 August 2024) ?
- Sep 2024: Stockport Metropolitan Borough Council (23 009 985) "There was fault by the Council and a care home it commissioned: Mrs Y was deprived of her liberty without an authorisation, there was a failure to involve her attorney in a best interest meeting to decide on a new placement, a complaint response lacked detail and a private contract should not have been issued. This caused avoidable confusion, frustration and distress. The Council will apologise and make symbolic payments. It will also review procedures for assessing cases referred for deprivation of liberty assessments to ensure these take place within the required legal timeframes." https://www.lgo.org.uk/decisions/adult-care-services/residential-care/23-009-985
- Sep 2024: NHS Dorset ICB (23 014 444b) "We found no fault by a Council and Trust in terms of their decision to change Miss Y’s support arrangements. However, we did find fault with how they communicated those changes to Miss Y and her mother, Mrs X. The Council and Trust will apologise for this and make changes to prevent similar problems occurring in future. They will also make a symbolic payment to Miss Y and Mrs X to recognise the distress this caused them." https://www.lgo.org.uk/decisions/health/mental-health-services/23-014-444b
- Sep 2024: NHS Northamptonshire ICB (22 009 742a) https://www.lgo.org.uk/decisions/health/mental-health-services/22-009-742a Statement Upheld Mental health services 29-Apr-2024 Summary: Miss D complained about the lack of mental health and social care provided to her son, Mr B, when he was discharged from hospital. She said this led to a lack of joint working between the Council, the Trust and the Integrated Care Board (ICB). She said they did not make reasonable adjustments when communicating with Mr B. Miss D also complained about the way the ICB handled her complaint. We found fault in the way they organisations considered and provided support to meet Mr B’s holistic mental health and social care needs. They did not properly consider their duty to make reasonable adjustments when communicating with him. The ICB’s complaint handling was poor, and it failed to provide Miss D with a satisfactory complaint response. The organisations agreed to our recommendations and will apologise to Miss D and Mr B, they will make symbolic payments, assess Mr B’s holistic needs and issue guidance to their staff in areas where they need to improve.
- Sep 2024: PQR v Derbyshire Healthcare NHS Foundation Trust [2023] UKUT 195 (AAC)
- Sep 2024: Platt v High Court of the Republic of Ireland [2024] EWHC 1821 (Admin)
- Sep 2024: R v Goldsmith [2024] EWCA Crim 780
- Sep 2024: TPC, 'Reply to two Consultations on possible amendments to the HESC Rules regarding proposed changes to the way that the FTT decides cases referred pursuant to s68' (1/8/24)
- Sep 2024: Hemachandran v Thirumalesh [2024] EWCA Civ 896
- Sep 2024: Solicitors Regulation Authority v Khan [2024] EWCA Civ 531
- Sep 2024: FXJ v Secretary of State for the Home Department & Anor [2023] EWCA Civ 1357B (20 November 2023) ? incl ICLR †
- Sep 2024: Nyang v G4S Care & Justice Services Ltd & Ors [2013] EWHC 3946 (QB)B (11 December 2013) - old case
- Sep 2024: MK, Re (Deprivation of Liberty and Tier 4 Beds) [2024] EWHC 1553 (Fam)B (24 May 2024)
- Sep 2024: South West London & St. Georges Mental Health NHS Trust (23 017 445a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-017-445a Statement Closed after initial enquiries Mental health services 06-May-2024 Summary: We will not investigate Mr X’s complaint about the decision to detain him under Section 2 of the Mental Health Act 1983. This is because Mr X appealed this decision to the First Tier Tribunal (Mental Health). This means we are prevented from investigating this complaint.
- Sep 2024: Gloucester Health & Care NHS Foundation Trust (23 017 881a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-017-881a Statement Closed after initial enquiries Mental health services 23-May-2024 Summary: Mrs A complains about the section 117 aftercare being provided to her sister, Ms B. We should not investigate this complaint because the Trust has already admitted fault and taken steps to remedy the injustice to Ms B. Further investigation would not achieve anything more.
- Sep 2024: Leicestershire Partnership NHS Trust (23 015 902a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-015-902a Statement Closed after initial enquiries Mental health services 03-Jun-2024 Summary: We will not investigate Miss Y’s complaints. She has already appealed the decision to detain her under Section 3 of the Mental Health Act to the First Tier Tribunal (Mental Health). Also, the Parliamentary and Health Service Ombudsman is better placed to consider her complaints about transfer between hospitals and care and treatment under Section 3.
- Sep 2024: BC, Re (Child in Care: Change of Forename and Surname) [2024] EWHC 1639 (Fam)B (26 June 2024)
- Sep 2024: The Official Receiver v Djurberg [2024] EWHC 1938 (Ch)B (29 July 2024)
- Sep 2024: Avon & Wiltshire Mental Health Partnership NHS Trust (23 012 177a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-012-177a Statement Upheld Mental health services 12-Jun-2024 Summary: Avon & Wiltshire Mental Health Partnership NHS Trust did not appropriately record Miss X’s reasonable adjustments during a meeting. That did not cause her an injustice but the Trust should still take action to stop similar fault happening to others. Also, an Approved Mental Health Professional for North Somerset Council did not inform Mr X of his rights as Miss X’s nearest relative following a Mental Health Act assessment. The Council should apologise for the frustration caused to him.
- Sep 2024: Camden and Islington NHS Foundation Trust (23 019 283a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-019-283a Statement Closed after initial enquiries Mental health services 17-Jun-2024 Summary: Mr B complained about the assessment and decision to detain him under the Mental Health Act, and the care provided in hospital. We will not investigate Mr B’s complaint about the decision to detain him under the Mental Health Act, as he has previously appealed this decision at the mental health tribunal. We will not investigate Mr B’s complaint about the care he received while he was staying on the hospital ward, as it is unlikely an investigation would add to the response Mr B has already received from the Trust.
- Sep 2024: PC, Re [2024] EWCA Civ 895B (31 July 2024) on appeal from NHS North Central London Integrated Care Board v PC & Ors [2024] EWCOP 31 (T3)B (23 May 2024)
- Sep 2024: Bond & Anor v Webster & Ors [2024] EWHC 1972 (Ch)B (02 August 2024)†
- Sep 2024: Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors [2024] EWCA Civ 138B (20 February 2024) incl ICLR† on appeal from Lewis-Ranwell v G4S Health Services (UK) Ltd [2022] EWHC 1213 (QB)
- Sep 2024: MTA v The Lord Chancellor [2024] EWCA Civ 965B (13 August 2024) incl ICLR on appeal from MTA v Commissioner of Police of the Metropolis & Anor [2023] EWHC 117 (KB)B (25 January 2023)†
- Sep 2024: Norfolk & Suffolk NHS Foundation Trust (23 005 445a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-005-445a - Statement Upheld Mental health services 18-Jul-2024 - Summary: We investigated a complaint about the care and support provided to Mr O’s late brother Mr K by a Council and NHS Trust. We found fault by both organisations. The Council took too long to allocate Mr K a social worker and too long to respond to Mr O’s complaints. The Trust took too long to act on concerns about Mr K’s fitness to drive or to arrange an assessment of his mental capacity. The communication between the Council and Trust was also poor at times. These failings caused Mr O and Mr K avoidable distress and frustration. The organisations have agreed to apologise, pay a financial remedy, and take actions to improve their services.
- Sep 2024: Kettering General Hospital NHS Foundation Trust v C & Anor [2023] EWFC 12B (31 January 2023) ?
- Sep 2024: Wakefield Metropolitan District Council v FH & Anor [2024] EWHC 830 (Fam)B (20 March 2024) and Wakefield Metropolitan District Council v FH & Anor [2021] EWHC 1233 (Fam)B (30 April 2021)
- Sep 2024: J, Re (Transgender: Puberty Blocker and Hormone Replacement Therapy) [2024] EWHC 922 (Fam)B (01 May 2024)
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