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Mental Health Law Online

The internet resource on mental health law, and mental capacity law, for England & Wales. You can read a review of the site here.

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Recent updates

  • 20/08/19: DOLS statistics. NHS Digital, 'Mental Capacity Act 2005, Deprivation of Liberty Safeguards England, 2017-18' (2/10/18) — Extract from NHS Digital summary: "This official statistics report provides the findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2017 to 31 March 2018. ... The report looks at aspects of DoLS activity, including the profile of people for whom a DoLS application was received, applications completed and their outcome, and applications not completed. The data tables and interactive business intelligence tool published alongside the report present further analyses and breakdowns of the data, including breakdowns by local authority."
  • 19/08/19: Case (Pregnancy - OS out-of-hours representation). Guy's and St Thomas' NHS Foundation Trust v X [2019] EWCOP 35 — (1) Official Solicitor's lack of out-of-hours service: "... I invite the Official Solicitor to urgently review this position and consider putting in place arrangements that will ensure appropriate representation out of normal court hours for those individuals who are the subject of urgent applications that potentially involve serious medical treatment. ... [E]very effort must be made to issue such applications during normal court hours." (2) Pregnancy: "Having considered the submissions of the parties there is, in my judgment, in accordance with s 48 Mental Capacity Act 2005, reason to believe that X lacks capacity in relation to the matter, namely the medical intervention that may be necessary for X to give birth to a baby who is safe and well. On the evidence the court has from Dr Y, which I accept, his assessment is X is unable to reconcile her conflicting beliefs (on the one hand of wanting a natural birth and also wanting a live, well and safely born baby) in a way that she is able to balance the pros and cons. Additionally, there is, in my judgment, a real risk the position is unlikely to change and is more likely to deteriorate. He concluded X showed limited insight in relation to her previous mental ill- health. I have carefully considered the submissions on behalf of the Official Solicitor regarding capacity but looking at all the evidence and information available to the court I am satisfied the interim declaration should be made."
  • 16/08/19: Event. Edge Training: Liberty Protection Safeguards - London, 13/12/19 — "This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards. The course considers the differences between DoLS and LPS and looks at what the new process will be and who will be affected." Steven Richards. Cost: £150 plus VAT. See Edge website for further details and booking information.
  • 16/08/19: Event. Edge Training: BIA Legal Update (Annual Refresher) - London, 8/11/19 — "This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: (1) Consider the latest DoLS news, research and guidance; (2) Examine the latest case law relevant to DoLS and the BIA role; (3) Reflect on how the information covered affects BIA practice." Speaker: Aasya Mughal. Cost: £150.00 plus VAT. See Edge website for further details and booking information.

See also:

CPD

Online CPD scheme providing 12 hours for £60: suitable for solicitors, barristers, psychiatrists, social workers and psychiatric nurses

Magic Book

The Magic Book is a database of contact details - please contribute to it (the process is quick and simple).

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