29/11/15 (2): Private Member's Bill.Mental Health (Independent Advocacy) (England) Bill 2015 — Summary from Parliament website: "A Bill to amend the Mental Health Act 1983 to make further provision for powers and responsibilities of independent mental health advocates for qualifying patients in England; and for connected purposes." Further extract: "This Bill is expected to have its second reading debate on Friday 26 February 2016. The Bill was presented to Parliament through the ballot procedure on 24 June 2015. This is known as the first reading and there was no debate on the Bill at this stage. This Bill is a Private Member’s Bill. If you wish to know more about this bill please contact its sponsor, Geoffrey Cox."
29/11/15 (1): DNACPR/capacity case.Winspear v City Hospitals Sunderland NHSFT (2015) EWHC 3250 (QB), (2015) MHLO 104 — (1) The core principle of prior consultation before a DNACPR decision is put into place on the case file applies in cases both of capacity and absence of capacity. If it is both practicable and appropriate to consult before doing so then, in the absence of some other compelling reason against consultation, it would be procedurally flawed to proceed without consultation. It would not meet the requirements of MCA 2005 s4(7); it would accordingly not be in accordance with the law. It would be an interference with Article 8(1) that is not justified under Article 8(2). (2) The claimant (patient's mother) sought damages both personally and as personal representative. The judge was not persuaded that she has any personal claim for damages, and decided that a declaration reflecting the procedural breach of Article 8 was sufficient.
26/11/15 (1): Upper Tribunal deprivation of liberty case.MM v WL Clinic (2015) UKUT 644 (AAC), (2015) MHLO 103 — (1) For the purposes of Article 5, a restricted patient with the capacity to do so can give a valid and effective consent to conditions of a conditional discharge that when implemented will, on an objective assessment, create a deprivation of liberty. (2) In determining whether to discharge conditionally, the tribunal has to consider whether the consent is freely given and (as raised in KC at [134-139]) consider any practical problems arising from the ability to withdraw consent. (3) MM's case was remitted to the First-tier Tribunal with a direction that it apply the decisions in KC and this case.
23/11/15 (4): Medical treatment case.M v Mrs N (2015) EWCOP 76, (2015) MHLO 102 — It was in the best interests of N, who was in a minimally-conscious state, not to continue to receive clinically assisted nutrition and hydration. The judge concluded that: "Ultimately, I have concluded that her wishes, so thoughtfully presented by her family, coupled with the intrusive nature of the treatment and its minimal potential to achieve any medical objective, rebut any presumption of continuing to promote life. Quite simply, I have come to the conclusion that it would be disrespectful to Mrs. N to preserve her further in a manner I think she would regard as grotesque."
23/11/15 (3): Welsh MHA Code of Practice consultation. The Welsh Government are consulting on creating their own version of this year's Code of Conduct for England. Closing date 27/11/15. See Consultations
23/11/15 (2): Job advert. ODonnells Solicitors in Preston are recruiting for a mental health panel member. For further details of this position, see Jobs
23/11/15 (1): Job advert. Peter Edwards Law in Hoylake are recruiting for a Court of Protection lawyer. Closing date 11/12/15. For further details of this position, see Jobs
16/11/15 (2): Redesigned Consultations page. The consultations page is now easier to navigate, with consultations categorised into the year ..→