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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:

  • 30/07/14 (1): Nazreen Pearce and Sue Jackson, 'Supplement to Urgent Applications in the Court of Protection' (29/7/14). This supplement to the Deprivation of Liberty chapter of 'Urgent Applications in the Court of Protection' analyses the Supreme Court judgment in Cheshire West. The book is available here: Nazreen Pearce and Sue Jackson, Urgent Applications in the Court of Protection (2nd edn, Jordans 2014). See DOLS#Academic articles and book chapters

  • 29/07/14 (3): Legal Aid Agency, 'Keycard 50' (April 2014). This document is helpful if working out financial eligibility for civil Legal Aid. In force 7/4/14. See Legal Aid#External links

  • 29/07/14 (2): Victim policy. Link to amended version of MHT victim policy (without missing text in paragraph 21) added. See Practice Guidance on Procedures Concerning Handling Representations from Victims in the First-tier Tribunal (Mental Health)

  • 29/07/14 (1): Secondary legislation. National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 — These regulations, among other things, set out the situations in which the duty on a CCG imposed by s117 can be imposed on a different CCG. The regulations are summarised here but the main consideration is where the patient is provided with primary medical services. Various in-force dates (Part 4 - mental health after-care services - in force 1/2/13).

  • 28/07/14 (4): Sentencing case. AG's ref (no 34 of 2014) sub nom R v Jenkin (2014) EWCA Crim 1394, (2014) MHLO 56 — Criminal sentencing case with mental health background (a s45 hybrid order had been given in conjunction with life sentences). The Court of Appeal clarified that if a sentencing court "chooses to work with the currency of minimum terms, as it generally will do in homicide cases involving mandatory or discretionary life sentences, it does not need to have regard to the early release provisions". In this case, the judge should not have halved the 12-year minimum term to 6 years. A minimum term of 13 years 4 months was substituted.

  • 28/07/14 (3): EPA case. Re AB (Revocation of Enduring Power of Attorney) (2014) EWCOP 12, (2014) MHLO 55 — "This is an application for the court to revoke an Enduring Power of Attorney ('EPA') on the ground that, having regard to all the circumstances, the attorneys are unsuitable to be the donor's attorneys. ... MD and WD have breached their fiduciary duties in several ways and in the circumstances I am satisfied that they are unsuitable to be AB's attorneys, and I shall revoke the EPA. As far as the choice of deputy is concerned, the appointment of an independent professional deputy or panel deputy would be disproportionate. What is left of AB's estate would rapidly be eroded by the professional deputies' costs. I agree with Miss Cooper that Brent Council is best placed to act as deputy, as AB is in a residential care home and the Council is already funding the lion's share of her care fees."

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.

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

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