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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. You can read a review of the site here.

Recent updates on website

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

  • 26/01/15 (3): Legal Aid Agency, 'Requests for Supplementary Matter Starts: Guidance to Contract Managers' (22/1/15). See Legal Aid#Guidance documents

  • 26/01/15 (2): Alex Ruck Keene, 'CQC DOLS report for 2013-4 published' (Mental Capacity Law and Policy, 26/1/15). See Care Quality Commission#CQC - DOLS

  • 26/01/15 (1): Care Quality Commission, 'Monitoring the use of the Mental Capacity Act Deprivation of Liberty Safeguards in 2013/14' (26/1/15). See Care Quality Commission#CQC - DOLS

  • 22/01/15 (1): Updated Law Society practice note. Law Society practice note on representation before Mental Health Tribunals — This practice note advises on providing legal advice to clients appearing before the First Tier Tribunal (Mental Health) in England and the Mental Health Review Tribunal for Wales. It has information under the following headings: (1) Introduction; (2) The right to legal advice and representation before the tribunal; (3) Communication with the client; (4) Taking instructions; (5) Your duties towards your client; (6) Good tribunal practice; (7) Representing children and young people before the tribunal; (8) More information. It was last updated on 22/1/15 to clarify aspects of the advice contained in the previous version, as well as to reflect changes in procedural and other rules, case law, and the SRA Code of Conduct.

  • 21/01/15 (5): Deprivation of liberty and damages. Essex County Council v RF (2015) EWCOP 1, (2015) MHLO 2 — (1) A final declaration was made that P lacked capacity to make decisions in relation to his residence and care arrangements, but retained capacity to make decisions in relation to contact with others. (2) In considering quantum there is a difference between procedural breaches (which would have made no difference to P's living or care arrangements) and substantive breaches (where P would not have been detained if the authority had acted lawfully). (3) The judge approved the following compromise agreement: (a) a declaration that ECC unlawfully deprived P of his liberty for approximately 13 months; (b) £60,000 damages; (c) care home fees to be waived (around £23-25,000); (d) damages to be excluded from means testing for community care costs; (e) costs to be paid (may exceed £64,000). (4) The judge described the situation as follows: "It is hard to imagine a more depressing and inexcusable state of affairs. A defenceless 91 year old gentleman in the final years of his life was removed from his home of 50 years and detained in a locked dementia unit against his wishes. Had it not been for the alarm raised by his friend RF he may have been condemned to remain there for the remainder of his days. There can be no doubt that ECC's practice was substandard. They failed to recognise the weakness of their own case and the strength of the case against them. They appeared unprepared to countenance any view contrary to their own. They maintained their resolute opposition to P returning to his home until the last possible moment. In my judgment the conduct of ECC has been reprehensible. The very sad and disturbing consequences for P cannot be ignored."

  • 21/01/15 (4): Refresher and re-accreditation course. The Mental Health Lawyers Association are running a Refresher and Re-accreditation course on Monday 30/3/15 in London. This new course will be suitable for (a) those seeking to fulfil the requirement to obtain six mental health CPD points during each year of accreditation membership; (b) those seeking re-accreditation, by reviewing the legal and procedural developments of the last three years, and providing a forum for discussing these along with the re-accreditation process; and (c) anyone wishing to further their knowledge of mental health law and practice. See MHLA website for further information and booking details. See Events

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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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