Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
Foreword | Review | Amazon | Law Society bookshop | 20% discount

Email updates | Email discussion list | Twitter
CPD scheme (12 points for £60)



Main Page

From Mental Health Law Online

Jump to: navigation, search

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:

  • 23/07/14 (1): Medical case. United Lincolnshire Hospitals NHS Trust v N (2014) EWCOP 16, (2014) MHLO 51 — "The critical decision is whether it is in N's best interests to continue invasive, risk laden, medical care as would be involved in a further attempt at artificial feeding. I am utterly convinced that it would not. Accordingly, I declare that it is lawful and in her best interests for the clinicians (a) not to make any further attempt to secure a means of providing artificial nutrition; (b) to withdraw the provision of intravenous fluids and dextrose; and (c) to provide such palliative care and related treatment (including pain relief) as considered appropriate to ensure she suffers the least distress and retains the greatest dignity until such time as her life comes to an end."

  • 22/07/14 (4): Criminal appeal. R (M) v Kingston Crown Court (2014) MHLO 50 (DC) — M had admitted to GBH but the Crown wanted to pursue GBH with intent, and the judge made an order under s35 (remand for report) to gather evidence about intent. (1) The purpose of an order under s35 was to inform the court of a defendant’s fitness to plead and his diagnosis, not to advance one party’s claim. (2) The judge’s misinterpretation of s35 was a jurisdictional error so the High Court was entitled (despite the limitation in s29(3) Senior Courts Act 1981) to quash the order made under it.

  • 22/07/14 (3): Ministry of Justice, 'MAPPA guidance' (version 4, 2012). Link to this guidance added. See MAPPA

  • 22/07/14 (2): Transfer procedure. R (L) v West London MH NHS Trust (2014) EWCA Civ 47, (2014) MHLO 49 — (1) There was no challenge to the first instance judge's finding that the common law duty of procedural fairness applies to decisions to transfer from medium to high security. (2) However, the judge had gone beyond what fairness requires, by requiring an overly-adversarial procedure. (3) Relief should not have been given on the facts of L's case, including because he had been able to put across his side of a disputed incident and had ceased objecting to transfer. (4) The ability of the decision-making process to achieve fairness has an undesirable element of fortuity. The decision-making process should therefore be "amended so that, absent urgency, a clinical reason precluding such notification, or some other reason such as the exposure of other patients or staff to the risk of harm, the 'gists' of the letter of reference to the high security hospital by the hospital that wishes to transfer the patient and the assessment by the clinician from the high security hospital are provided to the patient and/or his representative, and that the patient be afforded an opportunity to make written submissions to the panel."

  • 22/07/14 (1): Northern Irish case. MH v MHRT for NI (2014) NIQB 87, (2014) MHLO 48 — The patient challenged the MHRT's decision on the grounds that "(i) the approach of the MHRT was unlawful and that the MHRT had not adopted the narrow focused based approach required under Article 77(1) and Article 2(4) of the Order and, (ii) the MHRT had misunderstood the meaning of "discharge" and had failed to take into account the applicant's stated intention which was to remain in hospital as a voluntary patient if discharged from detention". These challenges were rejected. The tribunal's decision was the only reasonable one on the evidence.

  • 19/07/14 (3): Guardian, 'Murderer not entitled to remain anonymous while seeking rehabilitation' (Press Association, 16/7/14). A restricted transferred prisoner patient in medium security judicially reviewed the Secretary of State's refusal to grant permission for unescorted community leave. Cranston J refused to make an anonymity order, a decision upheld by the Court of Appeal (Lord Dyson MR; Maurice Kay LJ, VP; Floyd LJ). It is understood that an appeal will be made to the Supreme Court. See Forthcoming judgments#Re X (anonymity)

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.
CPD

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

Events
Publicise your event here
  • 12/6/14: MHLA: (a) Psychiatric Diagnosis; (b) Medication & Risk - Leicester
  • 13/6/14: Cardiff University/ Law Society: DOLS conference - London
  • 23/6/14: MHLA: Case Law - London
  • 23/6/14: Edge Training: DOLS after Cheshire West - London
  • 17/10/14: Taking Stock conference - Manchester
  • Details of events...
Buy me a coffee
Mental Health Law Online is free to use and maintained on a voluntary basis. If you or your organisation find this website useful, please consider making a Paypal donation

Books
We benefit when you buy from Amazon having come from this website
Submit information

If you have any document (e.g. case transcript) or information (e.g. whether a case is being appealed) which could usefully be published, then please send it in (see Help page).

Content

The following are the main content areas:

Email updates

Subscribe to free email updates. You can choose whether to receive emails on a monthly or more frequent basis.

Discussion list

Join the free email discussion list. Discuss all aspects of mental health law in England & Wales with other mental health practitioners.

Twitter
Follow @mhlonline. Some retweets are updates which have not yet been added to the site.
Bailii: recent COP cases
The Small Places
MC Law & Policy
MHLA
Google: MH News