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Mental Health Law Online

The internet resource on mental health law, and mental capacity law, for England & Wales.

From April 2006 to September 2010 this website was called Wiki Mental Health. You can read a review of the site here.

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  • 27/07/15 (1): Upper Tribunal case. Case HM/0339/2015 (2015) MHLO 57 (UT)After the case had been adjourned part-heard, the patient's withdrawal was agreed by a tribunal clerk. The panel judge spoke with a salaried tribunal judge, who then set aside the decision to consent to withdrawal, and the tribunal reconvened without discharging the patient. The salaried tribunal judge's decision was unlawful and the tribunal therefore had no jurisdiction to continue with the hearing.
  • 20/07/15 (6): Deputyship case. Re HC: Public Guardian v CC (2015) EWCOP 29, (2015) MHLO 55 — "This is an application by the Public Guardian for an order under section 16(8) of the Mental Capacity Act 2005 revoking the appointment of a deputy because he has behaved in a way that contravenes the authority conferred on him by the court or is not in the best interests of the person for whom he acts as deputy."
  • 20/07/15 (3): Best interests case. Re LC: Bedford Borough Council v Mrs C and Mr C (2015) EWCOP 25, (2015) MHLO 52 — "The proceedings concern Mrs C’s best interests in relation to residence and her contact with her husband and a deprivation of her liberty. ... There is also in existence a separate application by the local authority for a deputy for property and affairs to be appointed for her."
  • 20/07/15 (2): Criminal injuries compensation case. Newcastle City Council v PV (2015) EWCOP 22, (2015) MHLO 51 — "This judgment considers the role of the Court of Protection in connection with applications to the Criminal Injuries Compensation Authority ('CICA'). In particular, it looks at cases in which the CICA requires a trust to be created in order to exclude any possibility that the assailant may benefit from the compensation award. These cases arise almost exclusively in the context of domestic violence, where the assailant is a family member."
  • 20/07/15 (1): Sterilisation case. The Mental Health Trust v DD (2015) EWCOP 4, (2015) MHLO 50 — "For the reasons set out above, I propose to declare: (i) pursuant to section 15 of the 2005 Act that DD lacks capacity to litigate in relation to the relevant issues; (ii) pursuant to section 15 of the 2005 Act that DD lacks capacity to make decisions in respect of contraception; (iii) pursuant to section 15 of the 2005 Act that it is lawful and in DD's best interests to undergo a therapeutic sterilisation and authorise the applicants' staff to do so, together with the provision of all ancillary care and treatment; Further, (iv) subject to certain safeguards (more fully set out in the care plan and reflected in the proposed draft order) being required, I propose to authorise the applicants to remove DD from her home and take steps to convey her to hospital for the purposes of the sterilisation procedure, and authorise the use of reasonable and proportionate measures to ensure that she is able to receive the said treatment even if any deprivation of liberty is caused by the same; (v) I authorise the applicants to take such necessary and proportionate steps to give effect to the best interests declarations above to include, forced entry and necessary restraint, and authorise that any interferences with DD's rights under Article 8 of the ECHR as being in her best interests."
  • 15/07/15 (1): DOL and conditional discharge. SSJ v KC (2015) UKUT 376 (AAC), (2015) MHLO 49(1) A conditional discharge may include conditions which will, on an objective assessment, give rise to a deprivation of liberty, if that deprivation of liberty is authorised under the MCA. (2) (Obiter) The same conditions would be lawful for a patient with capacity who gives real consent since this would mean there is no Article 5 deprivation of liberty.
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