August 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 2009 categorised cases

Cases

  • Case (Complaint about community care delay). Derbyshire Healthcare NHS Foundation Trust (17 012 839a) [2019] MHLO 44 (LGSCO)LGSCO's summary: "The Ombudsmen do not consider Derbyshire County Council and Derbyshire Healthcare NHS Foundation Trust delayed providing support for Mrs X’s mental health needs. We have not found fault with the way the Council decided what support she needed. The Ombudsmen consider Derbyshire County Council delayed completing Mr X’s carer assessment and should have considered carrying out an integrated assessment with Mrs X. However, it has remedied the distress Mr X suffered."
  • Case (Failure to carry out carer's assessment). Rotherham Doncaster & South Humber NHS Foundation Trust (18 010 101a) [2019] MHLO 43 (LGSCO)LGSCO's summary of decision: "The Trust and Council were at fault in not carrying out a carer’s assessment and not involving Mrs S during her husband’s period of treatment. There was also fault in record-keeping and delays in responding to the complaint. These failings caused an injustice to Mrs S as she lost the opportunity for additional support and is likely to have suffered additional distress. The Trust and Council have already taken action to address these failings and improve processes. The Trust and Council have agreed to pay Mrs S financial redress and the Trust has agreed to monitor and report on improvements in its complaints handling."
  • Case (Pregnancy - OS out-of-hours representation). Guy's and St Thomas' NHS Foundation Trust v X [2019] EWCOP 35 — (1) Official Solicitor's lack of out-of-hours service: "... I invite the Official Solicitor to urgently review this position and consider putting in place arrangements that will ensure appropriate representation out of normal court hours for those individuals who are the subject of urgent applications that potentially involve serious medical treatment. ... [E]very effort must be made to issue such applications during normal court hours." (2) Pregnancy: "Having considered the submissions of the parties there is, in my judgment, in accordance with s 48 Mental Capacity Act 2005, reason to believe that X lacks capacity in relation to the matter, namely the medical intervention that may be necessary for X to give birth to a baby who is safe and well. On the evidence the court has from Dr Y, which I accept, his assessment is X is unable to reconcile her conflicting beliefs (on the one hand of wanting a natural birth and also wanting a live, well and safely born baby) in a way that she is able to balance the pros and cons. Additionally, there is, in my judgment, a real risk the position is unlikely to change and is more likely to deteriorate. He concluded X showed limited insight in relation to her previous mental ill- health. I have carefully considered the submissions on behalf of the Official Solicitor regarding capacity but looking at all the evidence and information available to the court I am satisfied the interim declaration should be made."
  • Case (Serious medical treatment - delay in making application). Royal Bournemouth and Christchurch Hospitals NHSFT v SE [2018] EWCOP 45 — "Whilst, of course, it is understood emergencies do arise, in this case the emergency was due to the failure to have any effective system in place for securing legal advice for clinicians in the Trusts. I hope that the procedures now put in place (as set out at the end of this judgment) will be replicated elsewhere to avoid this situation happening again. ... [H]er best interests will be met by this court endorsing the Order that has been agreed and giving the applicants permission to be able to carry out the procedures set out in paragraph 4, namely the amputation of her right leg ...
  • Case (Failure to carry out DOLS assessments). Staffordshire County Council (18 004 809) [2019] MHLO 41 (LGSCO) — LGSCO decision: "The Council has acted with fault in deciding not to assess low and medium priority Deprivation of Liberty Safeguards applications. The Council is also taking too long to deal with urgent applications. This is causing a potential injustice to the thousands of people in its area who are being deprived of their liberty without the proper checks that the restrictions they are subject to are in their best interests." The final sentence of the conclusion states: "[I]t is not acceptable that the only way low and medium priority applications are resolved is because the people involved move away or die."
  • Case (Non-legal research by judge). JG v Kent and Medway NHS and Social Care Partnership Trust [2019] UKUT 187 (AAC)Judicial summary from gov.uk website: "Mental Health First-tier Tribunal - Judicial Bias - Apparent bias - Breach of Natural Justice - Procedural Irregularity. Where a First-tier Tribunal judge undertook non-legal research by accessing a court of appeal judgment in respect of the appellant, did this lead to a presumption of bias and automatic disqualification? Did it lead to a conclusion of a real possibility of bias? Whether so doing amounts to a procedural irregularity leading to a breach of natural justice in that it rendered the hearing unfair. In the circumstances appertaining there can be no presumption of bias leading to automatic disqualification. On the facts of the case there was no real possibility of bias. Undertaking the non-legal research was a procedural irregularity but on the facts the hearing was not unfair."

Resources

  • Trust fined for failing to provide safe care and treatment. CQC, 'Avon & Wiltshire Mental Health Partnership fined £80,000 after patient is injured falling from hospital roof' (21/8/19) — Extract from press release: "The risk of the low roof at Applewood Ward had been highlighted in previous annual risk assessments since 2011. The outcome was that the risk should be managed through staff observation. CQC believe this was an inappropriate and inadequate response to the risk posed to all service users by this low roof. In 2015 there were 28 direct references to the low roof in the garden of Applewood Ward between January and December at seven different Trust forums. The Trust was also aware that numerous other service users had been able to access the low roof prior to the service user’s fall in January 2016. The trust was fined £80,000 for failing to provide safe care and treatment and putting patient at risk of avoidable harm. It was also ordered to pay the prosecution costs of £12,033.96 and a £170 victim surcharge."
  • DOLS statistics. NHS Digital, 'Mental Capacity Act 2005, Deprivation of Liberty Safeguards England, 2017-18' (2/10/18) — Extract from NHS Digital summary: "This official statistics report provides the findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2017 to 31 March 2018. ... The report looks at aspects of DoLS activity, including the profile of people for whom a DoLS application was received, applications completed and their outcome, and applications not completed. The data tables and interactive business intelligence tool published alongside the report present further analyses and breakdowns of the data, including breakdowns by local authority."
  • LPS glossary. Edge Training, 'Liberty Protection Safeguards: Jargon Buster' (18/6/19) — Edge's summary of this document is as follows: "The Edge LPS Jargon Buster provides a detailed explanation of terms used in LPS such as ‘condition’ (used in a number of different ways), reviews, determinations and the relevant person (did you know the same term can relate to three different roles?)"
  • Summary of Blavo case. Paul Bracchi, 'How DID they let this legal aid lawyer con us all out of £22m?' (Daily Mail, 11/1/19) — The following quotation is from this detailed article: "In another ludicrous example, investigators found that the mental health facility in question had closed (in 2008) and burnt down (in 2010), so was not operational at the time the tribunal supposedly took place. The officials who checked this nonsense must have wondered if the person who put it on paper was a solicitor or a comedian."
  • MHCS targets. HMPPS, 'Mental Health Casework Section and NHS England - joint performance management framework and target timescales 2019/20' (1/8/19) — This document presents target timescales for the Mental Health Casework Section to consider key decisions for restricted patients. The targets, measured in calendar days from receipt of application to decision issued, are: (1) prison transfer, 5 days; (2) remission to prison, 7 days; (3) hospital transfer - trial leave from high to medium secure, 28 days; (4) hospital transfer - downgrade in security, excluding high to medium, 28 days; (5) hospital transfer, level, 14 days; (6) hospital transfer, upgrade, 7 days; (7) community leave, escorted day, 28 days; (8) community leave, unescorted day, 35 days; (9) community leave, overnight, 35 days; (10) community leave, long-term escorted leave, 35 days; (11) conditional discharge, 28 days; (12) absolute discharge, 28 days; (13) recall, same day. Compassionate and medical leave have not been included in this set of targets; where cases are urgent, they remain at 24 hours.

Events

  • Event. Edge Training: Liberty Protection Safeguards - London, 13/12/19 — "This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards. The course considers the differences between DoLS and LPS and looks at what the new process will be and who will be affected." Steven Richards. Cost: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: BIA Legal Update (Annual Refresher) - London, 8/11/19 — "This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: (1) Consider the latest DoLS news, research and guidance; (2) Examine the latest case law relevant to DoLS and the BIA role; (3) Reflect on how the information covered affects BIA practice." Speaker: Aasya Mughal. Cost: £150.00 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: Best Interests Assessors Legal Update (Annual Refresher) - London, 16/9/19 — "This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: (1) Consider the latest DoLS news, research and guidance; (2) Examine the latest case law relevant to DoLS and the BIA role; (3) Reflect on how the information covered affects BIA practice." Speaker: Aasya Mughal. Cost: £150.00 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: DOLS Mental Health Assessors Annual Refresher Course - London, 27/9/19 — "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 go over the main basic requirements of this challenging role. Common Mental Health Act and DoLS interface issues will also be addressed such as the law around the provision of mental health treatment under DoLS." Speaker: Aasya Mughal. Cost: £195.00 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: Best Interests Assessors Legal Update (Annual Refresher) - London, 7/10/19 — "This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: (1) Consider the latest DoLS news, research and guidance; (2) Examine the latest case law relevant to DoLS and the BIA role; (3) Reflect on how the information covered affects BIA practice." Speaker: Steven Richards. Cost: £150.00 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: Mental Capacity and Best Interests Assessments (Advanced) - London, 1/11/19 — "This course considers practice issues under the Mental Capacity Act such as record keeping, disputes, unwise decisions and balancing risk. The course also conveniently disseminates the body of court judgments that apply to mental capacity assessments and best interests. It looks at some of the more complex cases around special issues in assessing capacity such as risk taking, contact, serious treatment, residence, vulnerable people and the inherent jurisdiction. The judgments used are selected to be most useful to health and social care staff and will provide a practical knowledge base they can refer to in daily practice." Speaker: Aasya Mughal. Cost: £150.00 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: Sexual relations, contraception, marriage and restricting contact: Article 8 and the MCA - London, 29/11/19 — "This one day course is designed to enable participants to understand mental capacity in these sensitive areas. Participants will gain awareness of the relevant case law in relation to capacity and (where relevant) best interests decision making. Guidance will be offered on the steps to take where an individual lacks capacity to consent in these areas, to ensure that they are adequately safeguarded, and legal obligations are met." Speaker: Steven Richards. Cost: £150.00 plus VAT. See Edge website for further details and booking information.
  • Event. Northumbria University: The Legal Research Agenda for Medicine, Capacity and Mental Health: A Gap Analysis - Newcastle, 2/9/19 — "A Northumbria University Law School and North East Court of Protection Practitioners Association event, funded by the Society of Legal Scholars. The all day event will critically explore research gaps domestically and internationally in medical and mental health legislation and related practices. An overarching purpose of this research event is to effect advantageous change to the position of practitioners and patients in the medical and mental health context, including those involved in the criminal justice system. Speakers include leading academics and practitioners well placed to describe the shortcomings of the current legal system that they work within. Full details are contained in the programme." Free Admission. Register online to confirm your place and to access the full programme of events.
  • Event. PELT: Advanced course for Mental Health Act Administrators - Hoylake, 11/9/19 — "This course assumes basic knowledge and experience and will examine the many demands of job and provide some effective and legal coping mechanisms. In addition to the MHA, the Code and the Regulations the course will analyse the relevance and implications of case law. It will also look at how the MCA and DoLs dovetail into the MHA. The course will enable a group of experienced MHAAs to get together and share both the demands of the job and some solutions." Price: £125 plus VAT (£150). See Peter Edwards Law Training website for further details and booking information.
  • Event. PELT: Introduction to MCA and DOLS - Hoylake, 29/10/19 — "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. Realising that depriving a person of their liberty removes the legal protection given to decision makers unless the deprivation is ‘prescribed by law’ catches many people out." Price: £125 plus VAT (£150). See Peter Edwards Law Training website for further details and booking information.
  • Event. PELT: Depriving Children and Young People of their Liberty Lawfully - Hoylake, 20/11/19 — "Supreme Court Re D (Parents authorising DoL?) Where do new LPS fit in? DoLs start at 18. MCA 16. MHA no minimum age for detention. How to lawfully deprive a C or YP of their liberty requires great care. What is a DoL and where does parental responsibility fit? The course looks at the complex inter relationship between the MCA, MHA and Children Act. When should a child or young person be sectioned? What alternatives are there? Where does s.25 Children Act (secure accommodation) fit in?" Price: £125 plus VAT (£150). See Peter Edwards Law Training website for further details and booking information.
  • Event. PELT: Introduction to using COP including s21A Appeals - Hoylake, 28/11/19 — The Court of Protection has a very wide ambit potential touching the lives of many vulnerable people. It is now the place where deprivation of liberty safeguards and procedures are authorised or challenged and where arguments about capacity or adult protection and best interests are resolved. It is essential that all those working with vulnerable people / safeguarding have an understanding of how to access and use the Court. In certain circumstances there is a legal obligation on authorities to apply to the Court. Price: £125 plus VAT (£150). See Peter Edwards Law Training website for further details and booking information.
  • Event. PELT: COP/MCA Masterclass - Legal Update - Hoylake, 12/12/19 — 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 practice. The developing role of ALRs and how can they be utilised and what will be the implications for litigation friends and IMCAs? Price: £125 plus VAT (£150). See Peter Edwards Law Training website for further details and booking information.
  • Event. Edge Training: BIA Legal Update (Annual Refresher) - London, 16/12/19 — This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: (1) Consider the latest DoLS news, research and guidance; (2) Examine the latest case law relevant to DoLS and the BIA role; (3) Reflect on how the information covered affects BIA practice Speaker: Steven Richards. Cost: £150.00 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: MCA and Tenancy Agreements - London, 16/12/19 — This course will consider how staff should assess mental capacity in relation to tenancy agreements and the key case law in this area. It will also consider the legal validity of tenancy agreements signed by, or on behalf of, those lacking capacity; and when people lacking capacity may be placed without a tenancy agreement being in place. Speaker: Aasya Mughal. Cost: £150.00 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: 2019 AMHP Conference - London, 6/12/19 — We are pleased to announce that booking for the 2019 AMHP conference is now open. This one-day conference explores issues relevant to AMHP practice. The full list of Speakers and Programme will be confirmed closer to the date. Cost: £150.00 plus VAT (group discount available). See Edge website for further details and booking information.
  • Event. Edge Training: DOLS MH Assessors Annual Refresher Course - London, 2/12/19 — 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 go over the main basic requirements of this challenging role. Common Mental Health Act and DoLS interface issues will also be addressed such as the law around the provision of mental health treatment under DoLS. Speaker: Aasya Mughal. Cost: £195.00 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: Hoarding and the Law - London, 29/11/19 — 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 considers a range of possible responses under the law and where each one might be appropriate. Speaker: Simon Foster. Cost: £150.00 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: DOL, Children and Young People - London, 25/11/19 — This course aims to update staff working with children, young people and those in transition with the latest case law and developments in relation to deprivation of liberty. The course will consider these developments and the impact on practice. It examines the Supreme Court ruling on deprivation of liberty and considers practical issues in its application for children and young people. Speaker: Dawn Revell. Cost: £150.00 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: DOLS Authorised Signatories Training - London, 18/11/19 — 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 procedures. Please note: this course is not designed for BIAs but specifically the role of local authority managers acting as authorised signatories. Speaker: Steven Richards. Cost: £150.00 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: BIA Report Writing - London, 8/11/19 — 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 assessments under the Deprivation of Liberty Safeguarding (DoLS). Speaker: Piers McNeil. Price: £150 plus VAT. See Edge website for further details and booking information.
  • Event. Edge Training: Liberty Protection Safeguards - London, 4/10/19 — This one day conference will go through the new rules; how to prepare and plan ahead and will also consider the concerns and challenges which will need to be addressed. A central focus of the conference will be the rights of vulnerable incapacitated people and how front line staff can ensure they are best protected under the new rules. Speakers: Anselm Eldergill (Court of Protection Judge); Dr Lucy Series (Researcher, Cardiff Law School); Steven Richards (Edge Director & Author of the DoLS Handbook); Ian Brownhill (Court of Protection Barrister); Mr E (Carer of HL in the Bournewood judgment). Chair: Aasya F Mughal (Edge Director & Author of the DoLS Handbook). Cost: £155 plus VAT (10% group discount). See Edge website for further details and booking information.

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