June 2018 update
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. On 30/6/18 Mental Health Law Online contained 1903 categorised cases
- Chronology. See June 2018 chronology for this month's changes to the website in date order.
Mental Health Tribunal
- HESC briefing note published following FOI request. Phillip Sycamore, Mark Hinchliffe and Joan Rutherford, 'Representations to the Tribunals Procedure Committee from the Chamber President, Deputy Chamber President and Chief Medical Member (HESC)' (undated, probably late 2017) — This document, together with Tribunal Procedure Committee, 'Extracts from the Minutes of the Tribunal Procedure Committee' (4/10/17 to 7/3/18), were obtained under the Freedom of Information Act by the charity Rethink Mental Illness. They relate to the proposal to abolish pre-hearing examinations and have paper reviews in certain cases. They provide information on the rationale behind the proposals which was omitted from the final version of the consultation document - mainly saving money and promoting flexibility in panel composition (judge-only hearings, including for all s2 cases, and judge-only paper reviews, including for many reference cases).
- TPC minutes published following FOI request. Tribunal Procedure Committee, 'Extracts from the Minutes of the Tribunal Procedure Committee' (4/10/17 to 7/3/18) — This document, together with Phillip Sycamore, Mark Hinchliffe and Joan Rutherford, 'Representations to the Tribunals Procedure Committee from the Chamber President, Deputy Chamber President and Chief Medical Member (HESC)' (undated, probably late 2017), were obtained under the Freedom of Information Act by the charity Rethink Mental Illness. They relate to the proposal to abolish pre-hearing examinations and have paper reviews in certain cases. They provide information on the rationale behind the proposals which was omitted from the final version of the consultation document - mainly saving money and promoting flexibility in panel composition (judge-only hearings, including for all s2 cases, and judge-only paper reviews, including for many reference cases).
- New Deputy Chamber President. Courts and Tribunals Judiciary, 'Appointment as a Deputy Chamber President of the First-tier Tribunal, Health, Education and Social Care Chamber: Johnston' (15/5/18) — Sarah Johnston has been appointed as Deputy Chamber President for the mental health jurisdiction, in place of Mark Hinchliffe, with effect from 1/6/18. Official announcement: "The Senior President of Tribunals, the Right Honourable Sir Ernest Ryder, has appointed Sarah Louise Johnston as a Deputy Chamber President of the First-tier Tribunal, Health, Education and Social Care Chamber with effect from 1 June 2018. Notes to editors: Sarah Louise Johnston, aged 51, is known as Tribunal Judge Johnston. She was admitted as a Solicitor in 1998. She was appointed as a Fee-paid Tribunal Judge in 2007 and as a Salaried Tribunal Judge of the Health, Education and Social Care Chamber in 2009."
Patient leaflets
- Patient information leaflet (s136). Department of Health, 'Patient information: s136: Removal of mentally disordered persons without a warrant' (12/6/18) — Click on link to view page.§
- Patient information leaflet (s135). Department of Health, 'Patient information: s135: Admission of patients removed by police under a court warrant' (12/6/18) — Click on link to view page.§
Job
Events
- Event. Edge Training: BIA Legal Update (Annual Refresher) - London, 13/7/18 — No results
- Event. Edge Training: DOLS MH Assessor Annual Refresher Course - London, 16/7/18 — No results*Event. Edge Training: DOLS Authorised Signatories - London, 21/9/18 — No results
- Event. Edge Training: COP Report Writing Skills - London, 28/9/18 — No results
- Event. Edge Training: Deprivation of Liberty in the Community - London, 8/10/18 — No results
- Event. Edge Training: Hoarding and the Law - London, 12/10/18 — No results
- Event. Edge Training: BIA Report Writing - London, 15/10/18 — No results
- Event. Edge Training: Unconscious Bias Training - London, 5/11/18 — No results
- Event. Edge Training: BIA Legal Update (Annual Refresher) - London, 12/11/18 — No results
- Event. Edge Training: MHA and MCA Interaction - London, 23/11/18 — No results
- Event. Edge Training: DOLS Authorised Signatories Training Course - Sheffield, 30/11/18 — No results
- Event. Edge Training: DOLS Authorised Signatories Training Course - London, 14/12/18 — No results
“Death of Official Solicitor Alastair Pitblado” https://t.co/6XyAxZSu5V
— Mental Health Law (@MHLonline) June 30, 2018
Great (free) article from @JillStavert on National Mental Health and Capacity Law and Implementing the CRPD in Scotland https://t.co/Dyte7q93C1
— Lucy Series (@TheSmallPlaces) June 29, 2018
JCHR report on DOLS and the Law Commission draft Bill. Recommends statutory definition of deprivation of liberty; serious consideration of switching to a Tribunal system; improved access to the court and more funding all round, including for advocates https://t.co/WQN391wn7G
— Tor Butler-Cole (@TorButlerCole) June 29, 2018
Joint Committee on Human Rights reform of DoLS report published https://t.co/cZWHbHPpXF
— Alex Ruck Keene (@Capacitylaw) June 29, 2018
No, you probably didn’t see it that way cos your a bunch of social media kids wondering what fun u can have with twitter instead of delivering valuable messages to the public. Grow up, stop being self centred and do some real work
— Helen Newick (@HelenNewick) June 29, 2018
Important family case with implications for HRA damages claims in the COP - keep your claims separate to avoid cross-application of the LAA statutory charge; give undertakings to the LAA to get advance confirmation it won’t be applied https://t.co/IrOyyhVHnW
— Tor Butler-Cole (@TorButlerCole) June 28, 2018
Patient information leaflet (s136). Department of Health, 'Patient information: s136: Removal of mentally disordered persons without a warrant' (12/6/18) — This leaflet is designed to help hospitals and local social services authorities (LSSAs) provide w… https://t.co/LGnEEDfpMI
— Mental Health Law (@MHLonline) June 27, 2018
Patient information leaflet (s135). Department of Health, 'Patient information: s135: Admission of patients removed by police under a court warrant' (12/6/18) — This leaflet is designed to help hospitals and local social services authorities (LSSAs) prov… https://t.co/w9Psk1uGAj
— Mental Health Law (@MHLonline) June 27, 2018
New Deputy Chamber President. Courts and Tribunals Judiciary, 'Appointment as a Deputy Chamber President of the First-tier Tribunal, Health, Education and Social Care Chamber: Johnston' (15/5/18)
— Sarah Johnston has been appointed as Deputy Chamber … https://t.co/JWcEK2kC8t— Mental Health Law (@MHLonline) June 27, 2018
RC Psych College Briefing - "Principles for full investigation of serious incidents involving patients under the care of mental health and intellectual disability provider organisations" - Mar 2018 (7 pages) - https://t.co/RecZjgH3DU
— David Cochrane (@dlgcochrane) June 26, 2018
Major Council of Europe report published on powers of attorney and advance directives: https://t.co/iYbszAwgaO
— Alex Ruck Keene (@Capacitylaw) June 26, 2018
The learning disability improvement standards for NHS trusts https://t.co/0oD49Qi5AH
— David Cochrane (@dlgcochrane) June 25, 2018
These statistics & dramatic descriptions need to be put in context of the underlying figures: 1,729 OPG investigations out of c.2.5M current registered enduring/lasting powers of attorney is an investigation rate of c.0.07%, not statistically significant https://t.co/84nqb5gGo0
— Barbara Rich (@BarbaraRich_law) June 15, 2018
This is highly significant so far as civil legal aid provision is concerned - another sure indicator of increasing supply deserts https://t.co/uGGfdT3Uxx
— Andrew Keogh (@CrimeLineLaw) June 15, 2018
Investigations into power of attorney agreements have increased by 44% over the past year, new figures reveal. A Freedom of Information request filed by Royal London showed that 1,729 investigations were opened in the 2017-18 tax year, compared with 1,199 the previous year.
— Andrew Keogh (@CrimeLineLaw) June 19, 2018
Mental capacity and tenancy agreements: the common mistakes local authorities makehttps://t.co/UJeeJX4CCZ
— Community Care (@CommunityCare) June 22, 2018
Mental health tribunals decide whether or not those detained under the Mental Health Act stay in hospital. We believe the Tribunal Procedure Committee proposals damage the fairness of tribunals, may undermine human rights, and lead to longer detentions > https://t.co/OdxjMkZh3d pic.twitter.com/vp4M4hi2SM
— Rethink Mental Illness (@Rethink_) June 14, 2018
Northern Irish judges describes mental health care as ‘an absolute disgrace’ in just one of several frustrated comments — https://t.co/qutJlOuU98
— Michael Brown (@MentalHealthCop) June 15, 2018
Tribunal consultation documents. The following two documents, which were obtained under the Freedom of Information Act by the charity Rethink Mental Illness, relate to the proposal to abolish pre-hearing examinations and have paper reviews in certain cas… https://t.co/O8ChkYEhvx
— Mental Health Law (@MHLonline) June 10, 2018
Job advert. Cartwright King, Birmingham - Mental Health Lawyer (deadline 29/6/18). See Jobs https://t.co/ngym0lcn7P
— Mental Health Law (@MHLonline) June 8, 2018
— Mental Health Law (@MHLonline) June 7, 2018
Event. Edge Training: BIA Legal Update (Annual Refresher) - London, 13/7/18 — This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: consider the latest DoLS news, research and guidance; examine… https://t.co/9vyKPTWDAX
— Mental Health Law (@MHLonline) June 6, 2018
Event. Edge Training: DOLS Authorised Signatories - London, 21/9/18 — This course aims to provide guidance on the role of signatories and to update designated signatories in relation to the latest case law around their specific role within the DOLS proce… https://t.co/1iCh1QtMTs
— Mental Health Law (@MHLonline) June 6, 2018
Event. Edge Training: COP Report Writing Skills - London, 28/9/18 — This course aims to identify key aspects of mental capacity law with reference to statute and the Code and to establish frameworks for the accurate recording of essential evidence. It wi… https://t.co/Q9KpVJ1qRE
— Mental Health Law (@MHLonline) June 6, 2018
Event. Edge Training: Deprivation of Liberty in the Community - London, 8/10/18 — This one-day course is designed to enable participants to identify when applications need to be made to the Court of Protection to authorise deprivation of liberty and to c… https://t.co/Fg6CjVORlU
— Mental Health Law (@MHLonline) June 6, 2018
Event. Edge Training: Hoarding and the Law - London, 12/10/18 — This one-day interactive course for mental health and social care professionals reviews the different manifestations of hoarding and the possible origins of this behaviour, and then consider… https://t.co/TDiDRUbqnx
— Mental Health Law (@MHLonline) June 6, 2018
Event. Edge Training: BIA Report Writing - London, 15/10/18 — This course is targeted specifically at qualified Best Interests Assessors (BIAs) and aims to provide them with the knowledge and skills needed to ensure robust and legally defensible assessme… https://t.co/P1x3VkxjmM
— Mental Health Law (@MHLonline) June 6, 2018
Event. Edge Training: Unconscious Bias Training - London, 5/11/18 — This one day course gives staff the opportunity to consider the concept of Unconscious Bias and its theoretical and research basis. Speaker: Sneha Kilhay. Price: £140 plus VAT. See Edge … https://t.co/laQrb2uMN5
— Mental Health Law (@MHLonline) June 6, 2018
Event. Edge Training: BIA Legal Update (Annual Refresher) - London, 12/11/18 — This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: consider the latest DoLS news, research and guidance; examin… https://t.co/q4FQnS50Hx
— Mental Health Law (@MHLonline) June 6, 2018
Event. Edge Training: MHA and MCA Interaction - London, 23/11/18 — This course aims to enable health and social care staff to consider the impact of the Mental Capacity Act 2005 on their work and its relationship to the use and application of the Mental … https://t.co/VChSYikr6w
— Mental Health Law (@MHLonline) June 6, 2018
Event. Edge Training: DOLS Authorised Signatories Training Course - Sheffield, 30/11/18 — This course aims to provide guidance on the role of signatories and to update designated signatories in relation to the latest case law around their specific role w… https://t.co/s1nqb2wdWw
— Mental Health Law (@MHLonline) June 6, 2018
Event. Edge Training: DOLS Authorised Signatories Training Course - London, 14/12/18 — This course aims to provide guidance on the role of signatories and to update designated signatories in relation to the latest case law around their specific role with… https://t.co/0MfcZnXzoM
— Mental Health Law (@MHLonline) June 6, 2018
Event. Edge Training: DOLS MH Assessor Annual Refresher Course - London, 16/7/18 — This refresher course has been designed to meet the needs of DOLS Mental Health Assessors. It will cover key topics that cause uncertainty or dilemmas for MH Assessors and… https://t.co/FmyyjdOhKE
— Mental Health Law (@MHLonline) June 4, 2018
'Guidance for Reporting Controlled Work Matters' has been updated as providers will need to start reporting the number of independent medical reports for controlled work from their June 2018 submission onwards.
— Andrew Keogh (@CrimeLineLaw) June 1, 2018
Here is the latest Legal Aid Bulletin #legalaid https://t.co/pvpjmrzyHS pic.twitter.com/wNqN4u6zYO
— Legal Aid Agency (@LegalAidAgency) June 1, 2018
Civil news: medical report information and mental health claims https://t.co/kgVjjUPbIX
— SP (@JRSConsultants) June 1, 2018