July 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.
- Cases. On 31/7/17 Mental Health Law Online contained 1854 categorised cases
- Chronology. See July 2017 chronology for this month's changes to the website in date order.
Case law
- Upper Tribunal case. Djaba v West London Mental Health NHS Trust [2017] EWCA Civ 436, [2017] MHLO 23 — Click on link to view page.§
- Sentence appeal case. R v Kitchener [2017] EWCA Crim 937, [2017] MHLO 25 — Click on link to view page.§
- Immigration case. BA v SSHD [2017] UKAITUR IA343212013, [2017] MHLO 26 — Click on link to view page.§
Mental Health Tribunal
- MHT Practice Guidance. Practice Guidance: Enforcement Procedure, Directions and Summonses (24/7/17) — This document contains the following headings: (1) The Responsible Authority’s duty to provide its written evidence within 3 weeks; (2) The Responsible Authority’s duty to cooperate with the tribunal, and provide the full identity and secure contact details of its statement and report writers; (3) The Responsible Authority’s duty to arrange for the attendance of witnesses; (4) The Legal Representative’s Duties; (5) What will the tribunal do to enforce compliance? (6) The MH5 direction to a named person to immediately provide written evidence; (7) Failure to comply with a personal MH5 Direction to give written evidence; (8) Summonses.
- Welsh Tribunal forms. New forms and guidance documents were created, and translated into Welsh, in April and May 2017 — MHRTW-01: Application to the tribunal; MHRTW-02: Nearest Relative Application; MHRTW-03: Attendance Form; MHRTW-04: Expenses claim - witness; MHRTW-05: Permission for Appeal Application Form; MHRTW-06: Guidance - Applying to the Tribunal; MHRTW-07: Guidance - Referrals; MHRTW-08: Guidance - The Tribunal Hearing; MHRTW-09: Guidance - Nearest Relative Information; MHRTW-10: Guidance - Provision of Reports to the Tribunal; MHRTW-11: Guidance - Report Layout and Content; MHRTW-12: Guidance - Expenses claim - Witness; MHRTW-13: Guidance - The Tribunal’s Powers; MHRTW-14: Guidance - Permission for Appeal; MHRTW-15: Publications Register; MHRTW-16: List of words; MHRTW-17: Eligibility Criteria; MHRTW-18: Request to Withdraw application; MHRTW-18A: Guidance - Request to Withdraw application. See Tribunal forms
- Debra Whittle, 'Freedom of Information Act (FOIA) Request -112074' (letter to Lucy Series, 19/6/17). This FOI response includes the following information. Time from receipt to disposal: section 2 (0 weeks 24.5%, 1 week 53.0%, 2 weeks 18.2%, 4 or more weeks 1.9%); restricted (0-3 weeks 8.0%, 4-9 weeks 15.4%, 10-15 weeks 59.6%, 16-18 weeks 5.1%, 19 or more 11.9%); non-restricted (0-3 weeks 22.1%, 4-7 weeks 47.9%, 8-9 weeks 17.5%, 10-12 weeks 6.5%, 13 or more weeks 6.1%). Total number of cases: section 2 (10,617); restricted (3,449); unrestricted (21,065). Median age of case: section 2 (1 week); restricted (10-15 weeks); non-restricted (4-7 weeks). See Mental Health Tribunal#Listing of hearings
Book
- New edition of book. Luke Clements et al, Community Care and the Law (6th edn, LAG 2017)·. See review by Alex Ruck Keene and Books page
Job
- Job advert. ODonnells Solicitors, Preston - PA/admin assistant in MHT team. See Jobs
Events
- RadcliffesLeBrasseur: Annual Mental Health Conference - London, 5/10/17 — No results
- MHLA: Advocacy, Risk and Cross-examination - Leicester, 16/10/17 — No results
- MHLA: Re-accreditation course - London, 4/10/17 — No results
- MHLA: Re-accreditation course - Manchester, 27/9/17 — No results
- MHLA: Foundation course - London, 30/8/17 — No results
- MHLA: Foundation course - Manchester, 23/8/17 — No results
MHT Practice Guidance. Practice Guidance: Enforcement Procedure, Directions and Summonses (24/7/17): — This… https://t.co/gmHeVZlmbF
— Mental Health Law (@MHLonline) July 31, 2017
Court of Appeal #LegalAid decision in #CoPBriggs case could make it impossible for many to gain access to justice: https://t.co/tQBnxCUZKw
— IM Public Law (@IMPublicLaw) July 31, 2017
Wife of Paul Briggs fears other families in court battles like hers could be denied legal aid - Liverpool Echo https://t.co/5KTcHJ4I5B
— Jacqueline (@jakkicowley) July 31, 2017
Important judgment from the Court of Appeal on the use of s.21a funding in medical treatment cases https://t.co/XhClyBEaqW
— CoPPA Yorks & Humber (@coppa_yh) July 31, 2017
Man jailed for manslaughter after his ex's suicide, his 'controlling behaviour' leading directly to her death - https://t.co/0ZUwvrGMlO
— Michael Brown OBE (@MentalHealthCop) July 30, 2017
Lack of beds forces mentally ill children into adult wardshttps://t.co/oDvANp1vBR pic.twitter.com/OBGLoFKizp
— NHE (@nhenews) July 27, 2017
"Former managers of hospital where patients were abused are struck off" https://t.co/w1l3gmsQA9
— Mental Health Law (@MHLonline) July 28, 2017
Senior President of Tribunals annual report 2017 https://t.co/WJ0hU9aoFO pic.twitter.com/PknrurP4b4
— Judicial Office (@JudiciaryUK) July 28, 2017
I've heard DH isn't hugely keen on idea of fusion bill.I think there's a view that Mental Health Act reform is a significant task in itself.
— Andy McNicoll (@andymcnicoll) July 26, 2017
Government eyes emeregency measures to ease DoLS pressures under the Mental Capacity Act 2005 - https://t.co/hbuOafyK3P
— Michael Brown OBE (@MentalHealthCop) July 26, 2017
We want to make sentencing simpler. Have your say on our new #sentencing code consultation:https://t.co/rGO80KNUHE pic.twitter.com/bsnBYduIdc
— Law Commission (@Law_Commission) July 27, 2017
Transparency Pilot extended pending full Rule changes - The provisions implementing the Transparency Pilot for ... https://t.co/g5pXjmw0p0
— CoP Made Clear (@CoPhub) July 27, 2017
Complaint on reporting of family courts resolved with correction https://t.co/axVuaLp8Bc pic.twitter.com/DV6CdKbbak
— IPSO (@IpsoNews) July 27, 2017
"Business lasting powers of attorney" https://t.co/xLlQAVbszj
— Mental Health Law (@MHLonline) July 25, 2017
I have just posted four reflections on the Charlie Gard case: the judge; technology; legal aid; and mediation. https://t.co/PqPPWPEgSF
— Henry Brooke (@HenryBrooke1) July 25, 2017
"Man stole £80k from dementia-suffering dad for gambling habit" https://t.co/na6xil9cXF
— Mental Health Law (@MHLonline) July 25, 2017
Government considers emergency options to ease Deprivation of Liberty Safeguards pressures https://t.co/IYEpU3rFrZ
— Community Care (@CommunityCare) July 25, 2017
Judgment of Mr Justice Francis in Charlie Gard case 24 July 2017 corrected link: https://t.co/JqgxhXid29
— Judicial Office (@JudiciaryUK) July 24, 2017
Welsh Tribunal forms.: New forms and guidance documents were created, and translated into Welsh, in April and May… https://t.co/tolospO5Cn
— Mental Health Law (@MHLonline) July 21, 2017
RadcliffesLeBrasseur: Annual Mental Health Conference - London, 5/10/17: — Speakers: Simon Burrows (Mental health… https://t.co/NsMal9e8dp
— Mental Health Law (@MHLonline) July 21, 2017
"Thousands of mental health patients spend years on secure wards" https://t.co/qz67SlwnVB
— Mental Health Law (@MHLonline) July 20, 2017
The state of care in mental health services 2014-2017 #stateofmh https://t.co/3jBlsrpJ63
— CQC (@CareQualityComm) July 20, 2017
Last year we upheld 69% of complaints we investigated in detail about MCA and DoLs – higher than the average of 53% https://t.co/Ms1ndu3KrN
— LG & SC Ombudsman (@LGOmbudsman) July 19, 2017
Really important (and depressing) report by @LGOmbudsman on impact of failures of MCA and DOLS https://t.co/A7LQyqttFO
— Lucy Series (@TheSmallPlaces) July 19, 2017
Care services ‘too often’ failing to apply Mental Capacity Act properly, warns ombudsman https://t.co/gYT3IhldZs
— Community Care (@CommunityCare) July 19, 2017
Legal Services Board publish research & guidance on 'vulnerable consumers' experience of legal services https://t.co/dwsgWWq1IE
— CoP Made Clear (@CoPhub) July 18, 2017
Number of ?Deprivation of Liberty orders made doubles in past year https://t.co/2PgIYH6Gyt
— CoP Made Clear (@CoPhub) July 18, 2017
MOJ Annual report https://t.co/LKuNRUezGU
— CrimeLine Complete (@CrimeLineLaw) July 19, 2017
NOMS Annual Report and Accounts 2016-2017 https://t.co/4Mfox9Xp5T
— CrimeLine Complete (@CrimeLineLaw) July 19, 2017
"Social workers alert Hunt to dangers of mental health bed shortage" https://t.co/GEBkR8MASp
— Mental Health Law (@MHLonline) July 19, 2017
Solicitors for the Elderly warn wills reform could cause more challenges @MaxWLSG https://t.co/x546TuHQy3
— Law Society Gazette (@lawsocgazette) July 17, 2017
Our report today on suicide in children & young people emphasises emotional impact of bereavement, @NCISH_UK. https://t.co/slZKW5cV4s
— louis appleby (@ProfLAppleby) July 13, 2017
LAA Update: Form: Civil claims rates calculator - Includes rates calculator and guidance for claims in civil ma... https://t.co/nOlWWK7fOy
— Legal Aid Handbook (@legalaidhbk) July 13, 2017
An article I wrote for @spikedonline https://t.co/FT6XL9bhYM
— Bruce Scott (@DrBruceScott) July 13, 2017
Have a learning disability? What’s your #GE2017 registering/voting experience? Please fill in our survey https://t.co/JJtI0HmUKp
— Electoral Commission (@ElectoralCommUK) July 12, 2017
It's official-S.135/136 changes will come into force "no sooner than Sept 2017" says Home Office.Thanks to @MentalHealthCop for finding out.
— Masked AMHP (@MaskedAMHP) July 13, 2017
NEW BLOG - "The MHA Changes" https://t.co/3dj37CulOK
— Michael Brown OBE (@MentalHealthCop) July 14, 2017
Here is the latest Legal Aid Bulletin: https://t.co/mOeXaKlFsn #legalaid pic.twitter.com/IdtfknX1Yr
— Legal Aid Agency (@LegalAidAgency) July 14, 2017
"Care home nurse caught on video spraying aerosol into dementia patient's face convicted of ill-treatment" https://t.co/XJP3Q5ZNz5
— Mental Health Law (@MHLonline) July 16, 2017
We want to reform the law of #Wills and need your help. Find out our plans and have your say: https://t.co/3hSDak1nX7 pic.twitter.com/3J3v9OxNE8
— Law Commission (@Law_Commission) July 13, 2017
Wills: Should rules around mental capacity be updated to reflect modern understanding of conditions like #dementia? https://t.co/3hSDak1nX7 pic.twitter.com/0PnejaIDSv
— Law Commission (@Law_Commission) July 13, 2017
Guest Post: Withdrawing life-prolonging treatment in the patient’s best interests: The implications of Briggs https://t.co/CEcITYJdin
— J. of Medical Ethics (@JME_BMJ) July 14, 2017
"Escaped patient was lawfully killed by man he attacked, inquest finds" https://t.co/V7NfItygpq
— Mental Health Law (@MHLonline) July 16, 2017
Daniel Sokol gives an ethicist’s view on the latest hearing in the case of #CharlieGard &hopes for a resolution soon https://t.co/szslI34Ov3 pic.twitter.com/xcpP09JsDG
— The BMJ (@bmj_latest) July 14, 2017
Burke, Briggs and Wills: Why we should not fear the judgment in Charlie Gard | Practical Ethics https://t.co/D7hGzTHYfB
— J. of Medical Ethics (@JME_BMJ) July 16, 2017
Notes from our Court of Protection Seminar in June now available on our website... https://t.co/MiN8hNeqR2 pic.twitter.com/tr5VUXcKhG
— 5 Stone Buildings (@5sblaw) July 12, 2017
Parole Board Annual Report and Accounts 2016/17, Backlog of cases reduced by 17% in 2016/17. https://t.co/HiiAanjPFT
— The Parole Board (@Parole_Board) July 11, 2017
Immigration case. BA v SSHD [2017] UKAITUR IA343212013, [2017] MHLO 26: — "The Appellant is a citizen of Nigeria… https://t.co/jxn6WAmBN0
— Mental Health Law (@MHLonline) July 11, 2017
Sentence appeal case. R v Kitchener [2017] EWCA Crim 937, [2017] MHLO 25: — "On 22 November 2002 at the Crown Court… https://t.co/omNgq0gwRt
— Mental Health Law (@MHLonline) July 8, 2017
460,000 people receive residential care, and more than 500,000 receive community & home care: https://t.co/ADfxxNgpRS #StateofSocialCare
— CQC (@CareQualityComm) July 6, 2017
Apologies but I'm going to be shouting & swearing about this all day - Three New Monstrosities https://t.co/RTqwB20B4m
— Mark Neary (@MarkNeary1) July 6, 2017
Sentencing Council is asking for views on how courts sentence manslaughter by diminished responsibility cases.https://t.co/OzfOa8fbJo
— hundredfamilies (@hundredfamilies) July 4, 2017
Latest stats on Out of Area Placements in #mentalhealth - https://t.co/YRekQVcmEE Please treat this new and emerging dataset with caution.
— NHS Digital (@NHSDigital) July 6, 2017
"Horror of the quiet room" https://t.co/2Qnk3NtcIu via @Femail
— Mental Health Law (@MHLonline) July 8, 2017
Exclusive: Patient’s death reveals 'national and systemic issues' with hospital transfers https://t.co/MxzSUNDIHu
— AvMA UK (@AvMAuk) July 3, 2017
2014 Standard Civil Contract: notice of extension
#legalaid https://t.co/lRgigm23Vx pic.twitter.com/LbaTvvyzaw— Legal Aid Agency (@LegalAidAgency) July 6, 2017
Free analysis of a successful Care Act case - lessons for review staff and Funding Panels - Loving Legal Lliteracy! https://t.co/kS0XFucs3J
— Belinda Schwehr (@BelindaSchwehr) July 6, 2017
"NHS bosses warn of mental health crisis with long waits for treatment" https://t.co/0YNWM00Bm2
— Mental Health Law (@MHLonline) July 8, 2017
More than 14,000 mental health patients sent to out of area beds in recent years, many hundreds of miles from home.https://t.co/gujIf8ik2S pic.twitter.com/fscbJJFifx
— Jeeves Wij (@AskJeevesWij) July 7, 2017
BBC News - Porthcawl man's stabbing life sentence overturned https://t.co/04yMJT5ryt
— Mental Health Law (@MHLonline) July 8, 2017
BBC News - Sussex NHS trust apologises over Sabrina Walsh suicide https://t.co/nq6E33brzr
— Mental Health Law (@MHLonline) July 8, 2017
INQUIRY: Failure of Trust’s bed management system to meet identified need was principal root cause of the homicide https://t.co/qsmj72oWFQ
— hundredfamilies (@hundredfamilies) July 7, 2017
Job advert. ODonnells Solicitors, Preston - PA/admin assistant in MHT team.: See Jobs https://t.co/RRmynILKb4
— Mental Health Law (@MHLonline) July 5, 2017
Debra Whittle, 'Freedom of Information Act (FOIA) Request -112074' (letter to Lucy Series, 19/6/17).: This FOI… https://t.co/zAUpbW7IGd
— Mental Health Law (@MHLonline) July 4, 2017
https://t.co/khCtns2Pzd manslaughter sentencing guideline proposed
— Sentencing Law (@isentencing) July 4, 2017
LPAs: Safeguarding the client or facilitating abuse by attorneys? Article in Solicitors Journal by Ann Stanyerhttps://t.co/64jOmevSYR
— HJA Wills & Probate (@HJAWills) July 4, 2017
LAA Update: Guidance: Directory of providers - Information about legal aid providers by category of law. https://t.co/ciiQSLePdb
— Legal Aid Handbook (@legalaidhbk) July 4, 2017
Permission to appeal refused in Ferreira - important implications for #deprivationofliberty in hospital setting https://t.co/FSCSMFajtb
— Annabel Lee (@Annabel39) July 4, 2017
Man pleads guilty to manslaughter by dim. responsibility after killing in MH inpatient unit - not accepted by CPS https://t.co/njyqi5NQmi
— hundredfamilies (@hundredfamilies) July 4, 2017
MHLA: Advocacy, Risk and Cross-examination - Leicester, 16/10/17: — This one-day course is designed to enhance… https://t.co/9kyP96EZtw
— Mental Health Law (@MHLonline) July 3, 2017
MHLA: Re-accreditation course - London, 4/10/17: — This course will be suitable for those seeking re-accreditation… https://t.co/PuwAESyRcl
— Mental Health Law (@MHLonline) July 3, 2017
MHLA: Re-accreditation course - Manchester, 27/9/17: — This course will be suitable for those seeking… https://t.co/sNMFQgFkvN
— Mental Health Law (@MHLonline) July 3, 2017
MHLA: Foundation course - London, 30/8/17: — This course is aimed at new practitioners and those intending to… https://t.co/plERAqbAOT
— Mental Health Law (@MHLonline) July 3, 2017
MHLA: Foundation course - Manchester, 23/8/17: — This course is aimed at new practitioners and those intending to… https://t.co/bvF9Squ8rH
— Mental Health Law (@MHLonline) July 3, 2017
Not sure the problem is with the law. It is, as the letter suggests, the lack of available resources for treatment outside hospital. https://t.co/qYlrvI6anB
— simon burrows (@simonburrows23) July 3, 2017
When people are struggling to get care and treatment is it safe to argue that powers to help them when unwell are too stringent?
— hundredfamilies (@hundredfamilies) July 3, 2017
The College has signed a letter in the @guardian calling for a review of the Mental Health Act. https://t.co/54746Kq90f
— RC of Psychiatrists (@rcpsych) July 3, 2017
Court quashes ‘unlawful’ Care Act assessment of learning disabled man https://t.co/KKE5aiB3lQ
— Community Care (@CommunityCare) July 3, 2017
Upper Tribunal case. Djaba v West London Mental Health NHS Trust [2017] EWCA Civ 436, [2017] MHLO 23: — "[T]he… https://t.co/iEuNHzpLmu
— Mental Health Law (@MHLonline) July 2, 2017
New edition of book.: Luke Clements et al, Community Care and the Law (6th edn, LAG 2017)·. See review by Alex Ruck… https://t.co/fcVzwhCW7R
— Mental Health Law (@MHLonline) July 2, 2017
First hearing tomorrow in prosecution of @Southern_NHSFT over failings at Melbury Lodge. 10am Basingstoke Mags Courthttps://t.co/GYbdwOQq98
— Michael Buchanan (@BBCMBuchanan) June 28, 2017
A mum on having electric shock therapy while pregnant https://t.co/coDO3wdBKv
— BBC Health News (@bbchealth) June 29, 2017
The appeal of the #CoPBriggs s21A judgment (NB not the best interests judgment) takes place on Mon/Tues next week: https://t.co/QwQSQrozc0
— IM Public Law (@IMPublicLaw) June 30, 2017
The MCA – big issues for the next 10 years https://t.co/96KzheEmVd
— Alex Ruck Keene (@Capacitylaw) June 29, 2017
New article on decisions to withdraw life-prolonging treatment & consideration given to the patient's own wishes https://t.co/fTh6F9U8lr
— Celia Kitzinger (@KitzingerCelia) July 2, 2017
Latest UK Inquest Law Blog: Self inflicted deaths in prison: Scarfe v HMP Woodhill [2017] EWHC 1194 https://t.co/3Solae8rqt
— Bridget Dolan QC (@DrBridgetDolan) June 30, 2017
Learning disability hospital unit blocked from re-registering as care home https://t.co/YUKEh9uAO5
— Andy McNicoll (@andymcnicoll) June 30, 2017
Provisions in part 3 (victims' rights) of the Mental Health (Scotland) Act 2015 will come into force on 15/09/17 and 30/09/17
— MH Law Policy Team (@mhlawteam) June 30, 2017
New regulations, including cross-border transfers and conflicts of interest, come into force today. More info here: https://t.co/DBhMi4PNPe
— MH Law Policy Team (@mhlawteam) June 30, 2017
Today most of parts 1 and 2 of the Mental Health (Scotland) Act 2015 come into force.
— MH Law Policy Team (@mhlawteam) June 30, 2017
The Scottish Government's Mental Health Strategy, 2017-2027, published today https://t.co/LKZPrYnGhr
— MH Law Policy Team (@mhlawteam) March 30, 2017
Take a look at our website to find out more about the changes the Mental Health (Scotland) Act 2015 will make: https://t.co/DVZGmd2ckB
— MH Law Policy Team (@mhlawteam) March 15, 2017
The majority of the Mental Health (Scotland) Act 2015 is likely to be commenced in early summer this year. We'll keep you updated.
— MH Law Policy Team (@mhlawteam) February 15, 2017
Inquest into death of mentally ill woman who died after less than 4hrs in Sussex Partnership Trust ward opens Monday https://t.co/dVGPGWAawB
— INQUEST (@INQUEST_ORG) June 30, 2017
Our latest blog is written by @CarersTrust discussing the importance of LPAs for carers #lastingpowerofattorney https://t.co/40uadMCA4l
— OPG (@OPGGovUK) June 30, 2017
"Justice for whistleblower mum sacked by care home after speaking out over poor standards" https://t.co/sSxElWKjgL
— Mental Health Law (@MHLonline) July 1, 2017