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Drilldown: Resources

See also: General information. A summary of the coronavirus resources can be found here: Coronavirus resources.

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Resources > Type : Article or Journal article or Tribunal_guidance

Showing below up to 19 results in range #1 to #19.

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Resource Type Sentence Abstract Date
Alex Ruck Keene and Rosie Scott, 'The COVID-19 pandemic, the Coronavirus Bill and the Mental Capacity Act 2005' (39 Essex Chambers, 25/3/20) Article Coronavirus resource

Impact of coronavirus on operation of MCA

This article contains information under the following headings: (1) The Coronavirus Bill; (2) Non-Statutory Guidance; (3) Guidance from the Court of Protection; (4) Advance care planning; (5) Commentary.

2020-03-25
Alex Ruck Keene, 'COVID-19 and MCA - first guidance out' (Mental Capacity Law and Policy, 19/3/20) Article Coronavirus resource

Article about coronavirus guidance mentioning MCA

This article contains brief comments on the following: (1) DHSC, 'Responding to COVID-19: the ethical framework for adult social care' (19/3/20); (2) HM Government and NHS, 'COVID-19 Hospital Discharge Service Requirements' (19/3/20).

2020-03-19
Claire Tyler, 'The stormy passage of the Mental Capacity (Amendment) Bill' (The House Magazine, 2/5/19) Article

Summary of LPS legislation passage through Parliament

In this article Baroness Tyler summarises the history of this legislation, concluding that "much relies on what will be set out in the Code of Practice and in secondary legislation, which will be vital in determining how the new system will work, including the vexed issue of a definition of what does and doesn’t constitute a deprivation of liberty" and that "without proper funding[,] staff resources and training it will fail in practice".

2019-05-02
David Hewitt, 'Illegitimate concern' (2013) 157(25) SJ 9 Journal article

Nearest relative of adult

This article argues that the unmarried father of an adult patient is a relative for the purposes of s26, whether or not he had parental responsibility. This seems wrong as the wording of s26 means that for its purposes an unmarried father is not a relative of an adult patient because it is not possible to have parental responsibility for an adult. It may be in future that the the courts are asked to adjudicate on whether or not the situation is compatible with the ECHR, in particular in relation to an unmarried father who used to have parental responsibility.

2013
Gareth Owen et al, 'Advance decision-making in mental health - suggestions for legal reform in England and Wales' (2019) 64 Intl JL & Psychiatry 162 Journal article

Advance decision-making

Publisher's abstract: "This paper argues that existing English and Welsh mental health legislation (The Mental Health Act 1983 (MHA)) should be changed to make provision for advance decision-making (ADM) within statute and makes detailed recommendations as to what should constitute this statutory provision. The recommendations seek to enable a culture change in relation to written statements made with capacity such that they are developed within mental health services and involve joint working on mental health requests as well as potential refusals. In formulating our recommendations, we consider the historical background of ADM, similarities and differences between physical and mental health, a taxonomy of ADM, the evidence base for mental health ADM, the ethics of ADM, the necessity for statutory ADM and the possibility of capacity based ‘fusion’ law on ADM. It is argued that the introduction of mental health ADM into the MHA will provide clarity within what has become a confusing area and will enable and promote the development and realisation of ADM as a form of self-determination. The paper originated as a report commissioned by, and submitted to, the UK Government’s 2018 Independent Review of the Mental Health Act 1983."

May 2019
Hill Dickinson LLP, 'Coronavirus Act - key facts' (26/3/20) Article Coronavirus resource

Summary of Coronavirus Act 2000

This detailed summary of the Coronavirus Act 2020 contains the following headings: (1) Emergency registration of health and social care professionals; (2) Suspension of duties to undertake assessments of need/discharge of patients from hospital; (3) Deaths and inquests; (4) Indemnity for health service activity; (5) Powers in relation to potentially infectious persons; (6) Children; (7) Offences; (8) Impact on NHS employers; (9) Emergency volunteering leave; (10) Statutory sick pay; (11) Changes to the Mental Health Act 1983: (a) Applications for detention under section 2 and section 3; (b) Holding powers; (c) Treatment - administration of medicine to persons liable to detention in hospital; (d) Detention in place of safety; (e) Patients concerned with the criminal justice system.

2020-03-26
Jonathan Wilson, 'Mental health: update' (Legal Action, April 2016) Journal article

Case law update

Jonathan Wilson looks at decisions on how tribunals should approach unlawfulness, conditional discharge and deprivation of liberty, representatives, withdrawal of tribunal applications, appropriate treatment, guardianship, assessment of risk, and social circumstances reports.

2016-04-01
Jonathan Wilson, 'Mental health: update' (Legal Action, February 2017) Journal article

Case law update

Jonathan Wilson considers cases concerning the legal status of hospital managers’ hearing decisions, anonymity for mental health patients, the provision of reasons for recall to hospital, and the relevance of the European Convention on Human Rights to mental health tribunal decisions.

2017-02-01
Jonathan Wilson, 'Mental health: update' (Legal Action, February 2018) Journal article

Case law update

Jonathan Wilson considers mental health case law relating to capacity, deprivation of liberty, discharge, after-care, and procedural matters.

2018-02-01
Jonathan Wilson, 'Mental health: update' (Legal Action, February 2019) Journal article

Case law update

Jonathan Wilson considers mental health case law from the past year relating to deprivation of liberty in the community, tribunal procedure, detention criteria, pocket money, after-care and other matters.

2019-02-01
Julian Hendy, 'Victims and the Mental Health Tribunal' (UK Administrative Justice Institute, 10/3/20) Article

Victims and tribunals

In this article Julian Hendy (founder of the Hundred Families charity) argues that the Mental Health Tribunal "could easily be more transparent and accountable to victims if only [it] had the will do to so". He argues for less secrecy and more transparency (making comparisons with the Court of Protection's transparency pilot and the Family Court's transparency review) and a greater role for victims in the tribunal's decision-making process (by analogy with the Parole Board's post-Warboys measures and its welcoming of victim personal statements).

2020-03-10
Richard Jones, 'Response to MHA Review (1): Removing the distinction between s2 and s3' (8/12/18) Article

Article

This article discusses the fact that the MHA Review does not recommend merging s2 and s3.

2018-12-08
Richard Jones, 'Response to MHA Review (2): Managers' hearings' (10/12/18) Article

Article

This article considers the MHA Review's recommendations in relation to hospital managers' hearings.

2018-12-10
Richard Jones, 'Response to MHA Review (3): Jurisdiction of the First-tier Tribunal' (28/12/18) Article

Article

This article considers the MHA Review's recommendations in relation to the Mental Health Tribunal.

2018-12-28
Richard Jones, 'Response to MHA Review (4): Bureaucratic burdens' (14/1/19) Article

Article

This article argues that the MHA Review's recommendations would lead to an unnecessary increase in bureaucracy.

2019-01-14
Richard Jones, 'Response to MHA Review (5): MHA or MCA?' (29/1/19) Article

Article

This article argues against the MHA Review's recommendation that patients who lack capacity to consent to admission or treatment for mental disorder, but who are clearly not objecting, should only be detained under the MCA.

2019-01-29
Ross Tomison, 'Electronic Signatures and the Mental Health Act' (Thalamos, 20/11/19) Article

Electronic signatures

The conclusion of this article is: "The Mental Health Act doesn’t require a signature to be handwritten. Provided all other formalities have been met under the act for the form which is being completed, then an electronic signature is legally valid."

2019-11-20
Simon Burrows, 'Amendments to the Mental Health Act 1983 proposed in the Coronavirus Bill 2020 as originally submitted to Parliament' (Law in the Time of Corona Blog, 23/3/20) Article

Description of MHA changes in Coronavirus Bill

This article contains information under the following headings: (1) Introduction; (2) The Coronavirus Bill - its purpose; (3) The process of detention: sections 2, 3, 4 and 5 MHA; (4) Patients involved in the criminal justice process; (5) Administration of medication without consent; (6) Police powers: places of safety; (7) Transitional Provisions; (8) Deprivation of liberty under the Mental Capacity Act?; (9) Concluding remarks.

2020-03-23
Simon Lindsay, 'Digital mental health: Use of electronic forms and signatures' (Bevan Brittan, 31/3/20) Article

Electronic signatures

This article provides equivocal advice about the use of electronic signatures.

2020-03-31

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