Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
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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:

  • 24/08/14 (1): Job advert. Needham Poulier Solicitors in London are seeking a new supervisor with mental health panel membership for their mental health department. Closing date: Friday 5/9/14. For full details see Job adverts

  • 24/08/14 (1): Capacity case. MAP v RAP (2013) EWHC 4784 (Fam), (2013) MHLO 151 — A 'consent order' was challenged under the Family Procedure Rules. (1) Under the FPR, where the ground of attack against an order is that there was no true consent, either because it had been withdrawn (which was said to be the case here) or because one of the parties purportedly giving consent was incapacitated, instead of an appeal (which had been made here) an application for revocation should be made to the court which made the order. (2) A consent order made by a party who is in fact incapacitated (even if this is unknown to everybody including the court) is not valid and should be set aside. (3) The principal claims (that the appellant withdrew consent, and that she lacked capacity) were arguable but should properly be tried at first instance.

  • 22/08/14 (1): Ministry of Justice, 'Lasting powers of attorney applications to be made simpler and easier' (press release, 21/8/14). See Lasting Power of Attorney

  • 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.)

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CPD

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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  • 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
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