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Mental Health Law Online

The internet resource on mental health law, and mental capacity law, for England & Wales.

From April 2006 to September 2010 this website was called Wiki Mental Health. You can read a review of the site here.

Updates

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  • 26/05/16 (1): FOI case. Home Office (Central government) (2016) UKICO FS50618706, (2016) MHLO 18 — "The complainant has requested information about police powers under Section 136 of the Mental Health Act to detain mentally disordered persons found in public places. By the date of this notice the Home Office had not responded to the request. The Commissioner’s decision is that by failing to respond to the request, the Home Office breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the Home Office to take the following steps. to ensure compliance with the legislation: Issue a response to the request under the FOIA by either complying with section 1(1) or issuing a valid refusal notice. The Home Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court." The request was: "What qualifies a constable to take decisions regarding the mental health of a member of the public, and how is this not a breach of human rights. This is a particularly important request in the context that police forces are unlawfully detaining innocent members of the public by use of this Act."
  • 22/05/16 (1): Hospital managers' hearing case. South Staffordshire and Shropshire Healthcare NHSFT v Hospital Managers of St George's Hospital (2016) EWHC 1196 (Admin), (2016) MHLO 17 — "This is an application for judicial review of a decision by an independent panel on 12 April 2016 to discharge the Interested Party, AU, from detention under the Mental Health Act 1983. It is brought by South Staffordshire and Shropshire Healthcare NHS Foundation Trust and Dr Whitworth (previously AU's responsible clinician). ... To put the case in general terms the claimants are concerned about the Panel's decision to discharge AU in the light of the views of the clinical team and also a decision of the First Tier Tribunal ... which decided on 10 March 2016 not to discharge him from detention. ... The judicial review raises an important point of principle as to the capacity of a body to seek judicial review of a decision which it could have made itself. In broad terms the Trust appointed the Panel and under the 1983 Act it exercised delegated powers. Because AU raised this point in his grounds, Warby J joined Dr Whitworth as a second claimant to the action on 4 May 2016 on the basis that, if the Trust could not seek judicial review, she could. If the Trust and Dr Whitworth can seek judicial review, the grounds they advance against the Panel's decision are, first, that it failed to treat the Tribunal's decision as a relevant consideration and, secondly, that the Panel's decision is irrational in light of the evidence available and the reasons it has given."
  • 13/15/16 (2): Deprivation of liberty case. Re Daniel X (2016) EWFC B31, (2016) MHLO 16 — "This is the final hearing of the care proceedings brought by Thurrock Borough Council in relation to Daniel X, a boy of 10. ... It is also the final hearing of the application by Thurrock Borough Council for me to authorise them to deprive Daniel of his liberty by accommodating him in Y Home. ... The outstanding issue is that of Daniel's liberty, and there is a great deal of consensus on this point too. However, it has been agreed at the bar that it would be helpful if I set out the position in law and how I consider the law applies to Daniel."
  • 05/05/16 (1): GHP Legal, Wrexham - Mental Health Lawyer. GHP Legal are recruiting for a solicitor/caseworker to represent clients at tribunals, ideally an accredited panel member, but applications are welcome from both qualified and non-qualified individuals who are dedicated, hard-working and enthusiastic. For further information and application details see GHP Legal, Wrexham - Mental Health Lawyer
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