February 2020 update

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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 2021 categorised cases

Cases

  • Case (ECHR and subordinate legislation). RR v SSWP [2019] UKSC 52 — (1) There is nothing unconstitutional about a public authority, court or tribunal disapplying a provision of subordinate legislation which would otherwise result in their acting incompatibly with a Convention right, where this is necessary in order to comply with the Human Rights Act 1998. (2) On the facts of this case, the public authority should disobey Regulation B13 of the Housing Benefit Regulations 2006 and retrospectively apply the Supreme Court's decision in R (Carmichael) v SSWP [2016] UKSC 58! that the "bedroom tax" was an unjustified discrimination on the ground of disability where there was a transparent medical need for an additional bedroom.
  • Case (Reviewing appointment of legal representative). SB v South London and Maudsley NHS Foundation Trust [2020] UKUT 33 (AAC) — The tribunal appointed a representative under Tribunal rule 11(7)(b) and later refused to put on record another representative who stated that he was acting on instructions. (1) The initial appointment was unlawful because Form 6b was deficient: the rubric did not mention the 14-day time limit for challenging a delegated decision under Tribunal rule 4. If it had done then the patient's attempt to have a new representative put on record might not have been made too late to be resolved before the hearing. (2) By basing its refusal to review the appointment purely on the appointed solicitor's objection, the tribunal had abdicated its decision-making responsibility and had not given sufficient weight to the presumption of capacity in the face of new evidence of instruction. (3) The decision of the tribunal panel in not discharging the patient was not flawed in any material respect. (4) Neither of the unlawful decisions were set aside as the patient had since been discharged. (5) No damages were awarded as the Upper Tribunal has no power to do so.

Resources

  • Case law update. Jonathan Wilson, 'Mental health: update' (Legal Action, April 2016) — Jonathan Wilson looks at decisions on how tribunals should approach unlawfulness, conditional discharge and deprivation of liberty, representatives, withdrawal of tribunal applications, appropriate treatment, guardianship, assessment of risk, and social circumstances reports.
  • Case law update. Jonathan Wilson, 'Mental health: update' (Legal Action, February 2017) — Jonathan Wilson considers cases concerning the legal status of hospital managers’ hearing decisions, anonymity for mental health patients, the provision of reasons for recall to hospital, and the relevance of the European Convention on Human Rights to mental health tribunal decisions.

Events

  • Event. PELT: Introduction to the Mental Health Act (Hoylake, 2/4/20) — "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." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £175 plus VAT (£210). See PELT website for further information and booking details.
  • Event. PELT: Accredited - Admission to the MHT Panel (Hoylake, 7/4/20 and 8/4/20) — "This course is designed for those who want to be accredited tribunal representatives. The course will also be of benefit for all those who want a more detailed understanding of tribunals. Day 2 will very useful for lawyers who are going through the reaccreditation." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Cost: £175 plus VAT per day (£210); £350 plus VAT (£420) for both days. See PELT website for further information and booking details.
  • Event. PELT: Introduction to MCA and Deprivation of Liberty Safeguards (Hoylake, 30/4/20) — "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." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £175 plus VAT (£210). See PELT website for further information and booking details.
  • Event. PELT: Depriving Children and Young People of their liberty lawfully (Hoylake, 20/5/20) — "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?" Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £175 plus VAT (£210). See PELT website for further information and booking details.
  • Event. PELT: Mental Health Act Masterclass - Legal Update (Hoylake, 4/7/20) — "This course will allow practitioners to reflect on 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 LPS." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £175 plus VAT (£210). See PELT website for further information and booking details.
  • Event. PELT: Introduction to using Court of Protection including s21A Appeals (Hoylake, 9/6/20) — "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." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £175 plus VAT (£210). See PELT website for further information and booking details.
  • Event. PELT: Court of Protection/MCA Masterclass - Legal Update (Hoylake, 2/7/20) — "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." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £175 plus VAT (£210). See PELT website for further information and booking details.

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