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.
Stay up to date
- 04/06/20: Coronavirus prison transfer guidance. HMPPS and NHS, 'Prison transfers and remissions to and from mental health inpatient hospitals in relation to COVID-19' (28/4/20) — The headings are: (1) Context and principles; (2) Protocol for the pathway; (2.1) Referral; (2.2) Assessment; (2.3) Requires transfer and detention under the Mental Health Act 1983 (MHA); (2.4) Remissions from mental health hospital to prison; (3) Contacts for national escalation (if required); (4) Useful resources and links.
- 04/06/20: NHS guidance on MH law during coronavirus pandemic. NHS, 'Legal guidance for mental health, learning disability and autism, and specialised commissioning services supporting people of all ages during the coronavirus pandemic' (v2, 19/5/20) — "This guidance provides advice and support to commissioners (clinical commissioning groups [CCG] and specialised commissioning), providers (CCG commissioned and specialied commissioned), health care professionals, social workers, Approved Mental Health Professionals, local authorities, experts by experience, clinical experts, and independent chairs for Care and Education and Treatment Reviews, as well as regional NHS England and NHS Improvement colleagues, to help with the local planning already underway. The guidance will also be helpful for other individuals and partner organisations, involved in the pathways of care, for people with mental health needs, a learning disability and/or autism, including police, prisons and Immigration Removal Centres (IRCs)." The main headings are: (1) Introduction; (2) Key messages; (3) The Mental Health Act 1983 and the emergency Coronavirus Act; (4) Operational considerations for use of the MHA; (5) Guidance on using the Code of Practice during the COVID-19 pandemic period; (6) The Mental Capacity Act; (7) The Care Act; (8) Specific considerations regarding restraint, restrictive practice and the management of people who refuse to isolate; (9) Escorting patients detained under the MHA, including those on Restriction Orders (Sections 41 and 49 MHA) to and from acute general hospitals; (10) Specific considerations for specialised commissioned services; (11) Specific considerations for learning disability and autism services; (12) Specific considerations for people with dementia; (13) Specific considerations for mental health, learning disability and autism and the Criminal Justice System; (14) Application of digital technology to Mental Health Act assessments; (15) Annexes: (Annex A) Resources that have been developed to support practice in mental health; (Annex B) Mental Health Casework Section; (Annex C) COVID-19 - Escorting patients detained under the Mental Health Act (MHA) including those on Restriction Orders (Sections 41 and 49) to and from acute general hospitals; (Annex D) Guidance on using the Code of Practice during the pandemic period: (a) Section 136 assessment; (b) Approved Mental Health Professionals (AMHPs) and responsibilities of Local Authorities; (c) The role of hospital managers’ panel; (d) Mental Health Tribunal Hearings; (e) Medical Reviews of Seclusion; (f) Section 17 leave and visitors; (g) Access to Independent Mental Health Advocates (IMHAs); (h) Second Opinion Appointed Doctors service; (i) Electronic forms and electronic delivery; (Annex E) Checklist to support decision in line with the minimum standards and safeguards on the application of technology to the MHA assessments.
- 23/05/20: All PELT courses postponed — All Peter Edwards Law Training courses have been postponed, and will be rearranged when it is safe to do so. See the following pages for details of each course: PELT: Accredited - Admission to the MHT Panel (Hoylake, postponed); PELT: Court of Protection/MCA Masterclass - Legal Update (Hoylake, postponed); PELT: Depriving Children and Young People of their liberty lawfully (Hoylake, postponed); PELT: Introduction to MCA and Deprivation of Liberty Safeguards (Hoylake, postponed); PELT: Introduction to the Mental Health Act (Hoylake, postponed); PELT: Introduction to using Court of Protection including s21A Appeals (Hoylake, postponed); PELT: Mental Health Act Masterclass - Legal Update (Hoylake, postponed).
- 22/05/20: COP update. Court of Protection, 'Court User Group Update' (HHJ Carolyn Hilder and Amrit Panesar, 21/5/20) — This letter to court users deals with the court's performance and activities during the coronavirus outbreak and some of the work being done to assist practitioners, under the headings: (1) Hearings; (2) Filing of form COP20s; (3) Electronic filing of P & A deputy applications; (4) Performance.
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Online CPD scheme providing 12 hours for £60: suitable for solicitors, barristers, psychiatrists, social workers and psychiatric nurses
The Magic Book is a database of contact details - please contribute to it (the process is quick and simple).
- Thalamos: Getting Started in Independent Practice - Best Practice for Psychiatrists (London, 11/9/20)
- Court of Protection User Group Meeting (London, 6/10/20)
- MHLA: Foundation course (Manchester, 2020, new date TBC)
- MHLA: Panel Course (Leeds, 2020, new date TBC)
- Edge Training: Liberty Protection Safeguards (London, summer 2020)
- Edge Training: DOLS Mental Health Assessors Annual Refresher Course (London, summer 2020)
- Edge Training: DOLS Authorised Signatories (London, summer 2020)
- Thalamos: Expert Report Writing - The Fundamentals (Birmingham, autumn 2020)
- Edge Training: Sexual relations, contraception, marriage and restricting contact (Manchester, summer 2020)
- Edge Training: Liberty Protection Safeguards (Manchester, autumn 2020)
- Edge Training: Transforming Care (Manchester, autumn 2020)
- PELT: Introduction to MCA and Deprivation of Liberty Safeguards (Hoylake, postponed)
- PELT: Introduction to the Mental Health Act (Hoylake, postponed)
- PELT: Mental Health Act Masterclass - Legal Update (Hoylake, postponed)
- PELT: Introduction to using Court of Protection including s21A Appeals (Hoylake, postponed)
- PELT: Accredited - Admission to the MHT Panel (Hoylake, postponed)
- PELT: Court of Protection/MCA Masterclass - Legal Update (Hoylake, postponed)
- PELT: Depriving Children and Young People of their liberty lawfully (Hoylake, postponed)
- Edge Training: Self Neglect and the Mental Capacity Act (London, summer 2020)
- MHLA: Legal Aid Supervision (Birmingham, 2020, new date TBC)
- MHLA: Panel Course (London, 2020, new date TBC)
- MHLA: Restricted Cases (Leeds, 2020, new date TBC)
We benefit when you buy fromhaving come from this website
- Richard Jones, Mental Health Act Manual (22nd edn, Sweet and Maxwell 2019)
- Richard Jones and Eve Piffaretti, Mental Capacity Act Manual (8th edn, Sweet and Maxwell 2018)
- Brenda Hale, Mental Health Law (6th edn, Sweet and Maxwell 2017)
- Sarah Johnston, Sophy Miles and Claire Royston, Mental Health Tribunal Handbook (LAG 2015)
- Peter Bartlett and Ralph Sandland, Mental Health Law: Policy and Practice (4th edn, OUP 2013)
- Phil Fennell, Penny Letts and Jonathan Wilson, Mental Health Tribunals: Law, Policy and Practice (Law Society, 2013)