19/04/15 (2): Mental Health Law Online is 9 years old today! To celebrate this anniversary there are several new website features, including a Facebook page and a menu of icons which you can use to share pages across social media. See Main Page
19/04/15 (1): New Mental Health Law Online Facebook page. MHLO now has a Facebook page - click "Like" on that page to follow it and have MHLO news items appear on your timeline. It's a "page" rather than a "group" so is not designed to replace the email discussion list, but it is possible to share each item with friends and add comments.
16/04/15 (1): Deprivation of liberty case (own home).W City Council v Mrs L (2015) EWCOP 20, (2015) MHLO 35 — "This hearing concerns a 93-year old lady with a diagnosis of severe dementia, Alzheimer's disease. She lives in her own home, with care and safety arrangements set up for her between her adult daughters and the Local Authority. This simple scenario raises the following issues: (a) whether the care arrangements for the lady (Mrs L) constitute a deprivation of her liberty; (b) if so, then whether the State is responsible for such deprivation of liberty; and (c) if so, then whether such deprivation of liberty should be authorised by the court and what the arrangements for continuing authorisation should be."
13/04/15 (1): PI quantum case.DD v Dudley and Walsall NHS Trust (2014) MHLO 145 (PI) — The Claimant's partner committed suicide while being detained under s2 Mental Health Act. The Claimant and the deceased were not married but had been cohabiting for a number of years. The deceased was also the Claimant's full time carer as a result of the spinal fusion surgery the Claimant had undergone some years previously. The deceased had a history of mental illness which was depressive in nature. At the time of his death his mental health had deteriorated significantly. While detained under the Mental Health Act, the deceased was initially assessed as not having capacity nor insight into his illness; he was also becoming aggressive and a risk to himself and others. However, an assessment by the duty doctor the following night did not indicate that the deceased was a self-harm risk, nor were there any known acts/plans since admission. Later that evening the deceased killed himself. The Trust carried out a Serious Untoward Incident investigation which highlighted a number of failings in the care of the deceased. The Defendant made some admissions of liability in its Letter of Response. However, the Defendant put the Claimant to proof as to the nature of his relationship with the deceased and the level of care he required. The Claimant made a claim for dependency as the deceased had been his full time carer. A claim was also made under the Human Rights Act 1998 for a breach of Article 2, the Right to Life. It was acknowledged by the Claimant that there would be no monetary award under this Act (only an acknowledgement of the breach) as compensation was sought under the Fatal Accidents Act 1976. A Round Table Meeting was held in June 2014 and the Claimant accepted a settlement of £185,000. (Summary provided by claimant's solicitor.)
12/04/15 (1): Mind, 'Legal Newsletter' (Issue 18, March 2015). This issue contains the following headings. (1) Articles: (a) The Care Act; (b) Policing and mental health: Report of the Home Affairs Committee; (c) CQC fifth annual monitoring report on the implementation of DoLS; (d) Revised code of practice for the Mental Health Act published; (e) Take action for better mental health: Mind manifesto for the General Election 2015. (2) Case Reports and Case Notes: (a) Essex County Council v RF (2015) EWCOP 1, (2015) MHLO 2, 7 January 2015; (b) Bostridge v Oxleas NHS Foundation Trust (2015) EWCA Civ 79, (2015) MHLO 12; (c) Court rules that Mother of Six can be sterilised; ..→