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Mental Health Law Online
The internet resource on mental health law, and mental capacity law, for England & Wales. You can sign up for free email updates, the online forum and the CPD scheme (which provides 12 hours for £60 and is suitable for lawyers and non-lawyers). The abbreviations are similar but MHLO, MHLA and MHLR are all different.
The main content of this website has been divided into Case law (2345), Legislation (378) and Resources (1,030), together with separate Information pages (328) to link everything together.
Forum topics
Contacts
The Magic Book is a database of contact details which currently contains 301 pages.
News and updates
All the latest updates to the website can be seen on on the MHLO updates forum category. The five most recent appear here.
- 09/04/24: Case (DOLS ineligibility under Case E). Manchester University NHS Foundation Trust v JS [2023] EWCOP 33 — The key questions when considering ineligiblity under Case E are: (1) Is the person a 'mental health patient'? (2) Is the person an 'objecting' mental health patient? (3) Could the person be detained under s2 or 3 MHA 1983? The judge had been entitled to reach the conclusions he did on the evidence he had.
- 09/04/24: Victims and the MHT. Ministry of Justice, 'Tough new measures to bolster landmark victims' law' (press release, 9/4/24) — The government has proposed amendments to the Victims and Prisoners Bill 2022 which would mean that victims could make a Victim Impact Statement during the Mental Health Tribunal process. There would also be a duty placed on police and criminal justice agencies to deliver services in relation to the exiting duty to inform victims of their rights, and this duty would be overseen by the Victims' Commissioner.
- 08/04/24: Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (24/2/24) — Unhelpfully, this practice note gives no indication of what changes have been made since the August 2022 version.
- 08/04/24: Remote hearings. HMCTS, 'Safety and security in hospitals and trusts' (letter to MHLA, 4/4/24) — This letter states that from 8/4/24, for "health and safety" reasons, all hearings at venues that have not confirmed compliance with the minimum safety and security requirements will be held by video link. Of over 820 venues contacted (in February 2024), 150 stated that they cannot comply, and others have not yet replied. Representations can be made if there is "a particular medical or other reason that the patient cannot have a VH hearing" and directions might include "reasonable adjustments or a transfer to a suitable hospital".
- 08/04/24: Tribunal room standards. HMCTS, 'Minimum security standards' (checklist, October 2023) — This checklist was sent to hospitals alongside Mark Sutherland Williams, 'Safety and security of tribunal members and others attending hospital mental health hearings' (letter to hospital Chief Executives, 4/4/24).
Consultations
No open consultations.
To do
Things that will end up with their own MHLO pages, when I have time...
- 04/04/24: Law Society, 'Practice note: Representation before mental health tribunals' (24/2/24) - create tracked changes version
- 22/03/24: A, Re (Covert Medication: Residence) [2024] EWCOP 19B (20 March 2024)
- 22/03/24: Civil Justice Council Procedure for Determining Mental Capacity in Civil Proceedings Working Group Consultation Paper - December 2023 to 17/3/24 https://www.judiciary.uk/wp-content/uploads/2023/12/CJC-Capacity-Consultation.pdf
- 22/03/24: Council of Europe - High-Level Conference "Of Unsound Mind" - 27/3/24 https://www.coe.int/en/web/execution/conference
- 22/03/24: CQC, 'Monitoring the MHA' (21/3/24) https://www.cqc.org.uk/publications/monitoring-mental-health-act
- 22/03/24: https://www.39essex.com/information-hub/insight/mental-capacity-guidance-note-relevant-information-different-categories
- 22/03/24: https://www.gardencourtchambers.co.uk/news/upper-tribunal-provides-important-guidance-on-proceeding-without-aftercare-evidence SS v Cornwall
- 22/03/24: https://www.gov.uk/government/publications/discharge-from-mental-health-inpatient-settings
- 22/03/24: https://www.gov.uk/government/publications/rapid-review-into-data-on-mental-health-inpatient-settings-government-response
- 22/03/24: https://www.mentalcapacitylawandpolicy.org.uk/wp-content/uploads/2024/03/Mental-Capacity-Report-March-2024-Compendium-Screen-Friendly.pdf
Email updates
Choose occasional and/or monthly update emails. To sign up, please go to the email updates subscription page.
CPD
The CPD scheme is primarily aimed at mental health solicitors, and is an ideal way to evidence your continued competence, but is also suitable for barristers, psychiatrists, social workers and psychiatric nurses. For £60, you can obtain 12 CPD credits.
Jobs
Advertise your vacancies here
- No current job adverts
Events
Advertise your events here
- PELT: Introduction to the MHA, Code and Tribunals (online, 18/4/24)
- Court of Protection User Group: General meeting (online, 23/4/24)
- PELT: Introduction to COP, including s21A appeals (online, 1/5/24)
- PELT: MHA Masterclass (online, 9/5/24)
- PELT: Court of Protection and MCA Masterclass (online, 16/5/24)
- PELT: Masterclass for MHA Administrators (online, 23/5/24)
- PELT: Becoming a Mental Health Act Administrator - the Basics (online, 25/4/25)
- Bond Solon: LPS - What next? (online, any time)
Books
Please support MHLO by buying your books via our affiliate links - either from Amazon or from Bookshop.org (a new website which supports independent bookshops).
