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The internet resource on mental health law in England & Wales, primarily for mental health practitioners, to which anyone can contribute. From April 2006 to September 2010 this website was called Wiki Mental Health.

Recent updates on website

For further details of the items below, and for further updates, see the Updates page:

  • 19/08/14 (1): Event. The Mental Health Lawyers Association are running a two-day 'Introduction to the Court of Protection' course on Tuesday 9/12/14 and Wednesday 10/12/14 in London. The course will have a practical focus, including a detailed case study and precedents for use in practice. Speakers: Sophy Miles and Floyd Porter. Price: £300 (members); £390 (non-members); £250 (for third and subsequent members in a group). CPD: 12 SRA-accredited hours. See MHLA website for further information. See Events

  • 18/08/14 (1): BBC, 'Wife killer Neil Cumming sues NHS over mental illness' (14/8/14). See Forthcoming judgments

  • 17/08/14 (1): Upper Tribunal decision. Re MM (2013) MHLO 150 (UT) — (1) The tribunal did not misdirect itself by applying the s2 criteria to a s3 case. (2) However, the tribunal's reasoning was inadequate. The tribunal stated that all the evidence was to the effect that MM's mental disorder 'warrants his treatment in hospital' (this is language from the s2 criteria), but it was only (part of) the medical evidence in which there was any confusion as to the criteria. The findings of fact (that the condition was chronic and relapsing etc) did not show that the mental disorder warranted detention (or made it appropriate). The only finding that could support the tribunal's decision was the medical evidence, which was affected by reference to the wrong legal test. In those circumstances the tribunal should have (a) shown that they had applied the correct criteria and not made the same mistake as the doctor, and (b) shown by precise findings of fact that the s3 criteria were satisfied. A blanket reference to a possibly-contaminated report did not suffice, and the tribunal made things worse by expressing its legal conclusions in the same confused terms as the medical report. (Transcript provided by Jonathan Litchfield of Burke Niazi Solicitors.)

  • 16/08/14 (1): Event. Edge Training are running a one-day course entitled 'BIA and Mental Health Assessors Legal Update' on Monday 8/9/14 in London. The course is aimed at DOLS assessors wishing to keep up to date on law and practice. Price: £115 plus VAT. The speaker will be Aasya Mughal (barrister). See flyer for further details and booking information. See Events

  • 15/08/14 (4): Smoking ban case. McCann v State Hospitals Board for Scotland (2014) CSIH 71, (2014) MHLO 93 — The smoking ban at Carstairs Hospital, which at first instance had been declared to be unlawful, was decided on appeal to be lawful.

  • 15/08/14 (3): Deprivation of liberty case. X v A Local Authority (2014) EWCOP B25, (2014) MHLO 92 — "X is a retired lawyer who has suffered, or appears to have suffered, from Korsakoff's syndrome, a mental illness related to the over-consumption of alcohol. ... X now has capacity to make decisions as to residence, care and medical treatment and that has been amply demonstrated in the case. Even if he has other problems he can reflect and logically reason, and is much improved from the man he was last December. That does not mean he will not relapse. It does not mean that he will not be foolish enough to resume drinking but, in my judgment, in all the circumstances it would be inappropriate to make a declaration under section 48 and in those circumstances, in the absence of a standard authorisation, his compulsory detention comes to an end."

See also the to do list

* To help clear a backlog of updates, some news items will be added to the Updates page without being added anywhere else on the website (for now), and will be marked with asterisks.
CPD

Online CPD scheme providing 12 points for £60: suitable for solicitors (SRA-accredited), barristers (established practitioners), psychiatrists, social workers and psychiatric nurses

Events
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  • 26/8/14 - 27/8/14: MHLA panel course - London
  • 8/9/14: Edge Training legal update - London
  • 17/10/14: Taking Stock conference - Manchester
  • 9/12/14 - 10/12/14: MHLA Introduction to Court of Protection - London
  • Details of events...
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