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25/09/16 (3): Office of the Public Guardian, 'Giving gifts for someone else: A guide for attorneys and deputies' (document OPG2, published 18/5/16, updated 20/6/16). "Attorneys and deputies can sometimes give gifts on behalf of the person they have been appointed to help make decisions for. Only deputies and attorneys making financial decisions can give gifts; you can’t give gifts if you have been appointed just to make health and welfare decisions. If you do have the authority to give gifts, you can do so only in some situations and if it is in the person’s best interests. This guide includes practical advice such as: (a) what counts as a gift; (b) who can give gifts for someone else; (c) when you can give gifts; (d) changing the limits on gift-giving; (e) what happens with unauthorised gifts." See Office of the Public Guardian
25/09/16 (2): Deprivation of liberty case.Staffordshire County Council v SRK (2016) EWCOP 27, (2016) MHLO 36 — "This case concerns an individual SRK who was severely injured in a road traffic accident. The effects of those injuries are that (a) he lacks capacity to make decisions on the regime of care, treatment and support that he should receive (SRK's care regime), and (b) applying the approach in Cheshire West (see Surrey County Council v P and others; Cheshire West and Chester Council v P and another  UKSC 19,  AC 896), SRK's care regime creates, on an objective assessment, a deprivation of liberty. SRK was awarded substantial damages that were paid to his property and affairs deputy (the third Respondent IMTC). He lives at a property that has been bought and adapted for him. His regime of care and support there is provided by private sector providers. The damages funded that purchase and adaptation and fund that regime of care. The issue is whether this situation on the ground is a deprivation of liberty that has to be authorised by the Court of Protection (the COP) by it making a welfare order. The test that the COP would apply in making such an order is whether SRK's care regime is the least restrictive available option to best promote his best interests. The same test applies to the decision makers on the ground. It is common ground that at present SRK's care regime satisfies that test."
25/09/16 (1): Medical treatment case.Re W (Medical Treatment: Anorexia) (2016) EWCOP 13, (2016) MHLO 35 — "In this case, Miss W, a young woman aged 28, has suffered from a severe and enduring eating disorder for 20 years, with physical, social and psychological consequences of the kind described above. In this judgment I will call her W. Since the age of 11, she has had six admissions for inpatient treatment, spread between five units around the country and amounting to about 10 years in total. Her current admission has lasted for 2½ years and yet, despite the most intensive support, she is barely eating and is losing weight at the rate of 500 g – 1 kg per week. She now weighs less than 30 kg and her BMI is 12.6. If she continues to lose weight at this rate, she will die. ... The outcome is that, accepting the unanimous professional view, I approve the plan of the Health Board. This is that W should now be discharged into the community with a closely thought-out package of support for her and her family. Given W's fragile condition, it is a plan that has only been arrived at after the most anxious consideration by her care team. It will at first seem counterintuitive that someone so ill should be discharged from hospital. The conventional assumption is that hospital treatment is likely to bring benefits, but the evidence has persuaded me that in this case that is not so. The outcome is to some extent in accordance with W's wishes, which I will describe below."
23/09/16 (1): Consultation.Ministry of Justice, 'Transforming our justice system' (consultation from 15/9/16 to 27/10/16). The main proposal relevant to the MHT is an amendment (a) providing that a tribunal panel in the First-tier Tribunal is to consist of a single member unless otherwise determined by the Senior President of Tribunals, and (b) removing the existing requirement to consider the arrangements that were in place before the tribunal transferred into the unified system. A detailed summary is available on MHLO by clicking the page link.
16/09/16 (1): Edge Training: AMHP Conference - London, 18/11/16 — Edge Training are running their AMHP Annual Conference on Friday 18/11/16. Speakers are: Neil Allen (Human rights in AMHP practice), Debbie Martin (Community Treatment Orders: What do they tell us about the exercise of power over the patient? Are they protecting the patient, the public or the professionals?), Steve Chamberlain (AMHP Policy and Practice update), Juliette Kallaway (Promoting Perinatal Mental Health - Managing Risk and Challenges for AMHPs), Camilla Parker (Under 18s and Deprivation of Liberty: the Scope of Parental Responsibility and the Role of the AMHP), Sarah Matthews (Emotional management and the AMHP). The conference will be chaired by Christine Hutchison. Price: £135 plus VAT. See flyer for further information and booking details.
01/09/16 (1): Ministry of Justice, 'Offender Management Statistics Bulletin, England and Wales: Quarterly October to December 2015; Annual January to December 2015' (28/4/16). See Statistics#Ministry of Justice
31/08/16 (3): Pregnancy case (Feb 2016).Re CS (Termination of Pregnancy) (2016) EWCOP 10, (2016) MHLO 34 — "This is an application by a Hospital Trust for orders in respect of a young woman, who I will refer to as CS, who is said to lack capacity and in respect of whom the Trust seeks an order that it would be in her best interests to undergo surgery terminating her current pregnancy. This hearing is being conducted in the Court of Protection in open court in accordance with the Rules but subject to a reporting restriction order which I made earlier this afternoon."
31/08/16 (2): Capacity case (Feb 2016).Re Clarke (2016) EWCOP 11, (2016) MHLO 33 — "In 2012, I gave three judgments in this matter. ... A written application has now been made by Mr Michael Clarke on 3 September 2015 to vary the order of 9 October 2012 so as to allow the sale of Mrs Clarke’s Blackpool property. There has also been a request by Ms Angela Wilde and Mr Kevin Clarke for access to the property in order to inspect and maintain it, but no application has been issued, despite time being allowed. The application and request are both opposed."
31/08/16 (2): Caesarean case (Mar 2016).The NHS Acute Trust v C (2016) EWCOP 17, (2016) MHLO 32 — "The applicant Trusts provide obstetric and psychiatric care and services to the respondent, C. They have made applications for an order (i) in the Court of Protection to permit the applicants to undertake various steps and measures in respect of C's forthcoming labour; and (ii) a reporting restrictions order."
30/08/16 (8): PELT: Introduction to COP, including s21A appeals - Hoylake, 20/9/16 — This course is designed for those with little or no experience of the Court of Protection. Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm (30-minute lunch not included). Price: £125 plus VAT (£150). See PELT website for further information and booking details. See Events
30/08/16 (7): PELT: Introduction to the Mental Health Act - Hoylake, 28/9/16 — This course is designed for those with little or no experience of the Mental Health Act. Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm (30-minute lunch not included). Price: £125 plus VAT (£150). See PELT website for further information and booking details. See Events
30/08/16 (6): PELT: Introduction to MCA and DOLS - Hoylake, 4/10/16 — This course is designed for those with little or no experience of the Mental Capacity Act and how to deprive someone of their liberty. Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm (30-minute lunch not included). Price: £125 plus VAT (£150). See PELT website for further information and booking details. See Events
30/08/16 (5): PELT: Depriving Children and Young People of their liberty lawfully - Hoylake, 18/10/16 — Many children and young people are unlawfully deprived of their liberty. This course looks at how s25 Children Act, the MHA, the MCA and inherent jurisdiction work (or not). Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm (30-minute lunch not included). Price: £125 plus VAT (£150). See PELT website for further information and booking details. See Events
30/08/16 (4): PELT: Court of Protection masterclass - Hoylake, 2/11/16 — This course will review the dramatic developments in Court of Protection case law especially since Cheshire West. It will include the latest COP cases on deprivation of liberty, capacity, health and welfare and treatment. It will consider what practitioners can learn from these cases that will promote effective and lawful practice. Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm (30-minute lunch not included). Price: £125 plus VAT (£150). See PELT website for further information and booking details. See Events
30/08/16 (3): PELT: Introduction to Care Act for those working with MHA or MCA - Hoylake, 10/11/16 — The MHA Code states: “[P]rofessionals … should also consider the general responsibilities of local authorities under Part 1 of the Care Act 2014 (eg duty to promote wellbeing, promote integration and co-operation duties), which applies to the care and support arranged or provided by local authorities to patients in the community, such as patients subject to CTOs, guardianship or leave from hospital.” Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm (30-minute lunch not included). Price: £125 plus VAT (£150). See PELT website for further information and booking details. See Events
30/08/16 (2): PELT: Mental Health Act masterclass and legal update - Hoylake, 15/11/16 — This course will allow Mental Health Act practitioners to reflect on and update their practice by ensuring they have an up-to-date understanding of the law. Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm (30-minute lunch not included). Price: £125 plus VAT (£150). See PELT website for further information and booking details. See Events
30/08/16 (1): PELT: DOL made simple, including MHA or MCA - Hoylake, 1/12/16 — The title speaks for itself. Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm (30-minute lunch not included). Price: £125 plus VAT (£150). See PELT website for further information and booking details. See Events
29/08/16 (4): CICA case (Jan 2016).PJV v Assistant Director Adult Social Care Newcastle City Council (2016) EWCOP 7, (2016) MHLO 28 — "I am pleased record that the parties addressed these points [(i) the imposition of a term in a trust directed to the risk that a perpetrator would benefit from the award, (ii) the terms of the appointment of a deputy, (iii) the declaratory relief granted and the discharge of the Deputy, and (iv) the Peters undertaking and a restriction on the powers of the trustees]. I attach in Parts 1 and 2 of the Schedule hereto (i) the wording for the appointment of a deputy that was agreed, and (ii) the terms of the trust that were agreed (anonymised save for the identity of the original trustee). I also record that, as the appointment of the deputy was discharged, it was agreed that there was no need for a Peters undertaking. It seems to me that the agreed wording for the appointment of a deputy should be a useful precedent or starting point in other cases." (CICA case.)
29/08/16 (3): Capacity case (Jan 2016).WBC v Z (2016) EWCOP 4, (2016) MHLO 27 — "The central issue which arises in this case is whether risks taken by a 20-year old young woman with autism represent 'unwise' decision-making, or evidence her lack of capacity."
29/08/16 (1): DOL case (Jan 2016).North Yorkshire County Council v MAG (2016) EWCOP 5, (2016) MHLO 26 — "I have had little difficulty in reaching the conclusion that the applications for permission should be granted and the appeals allowed. ... This appears to be a case in which DJ Glentworth uncharacteristically appears to have allowed her understandable concern about MAG's living circumstances, and her palpable frustration at what she saw as NYCC's tardiness in resolving his accommodation issues, to distract her from following a clear path to outcome. The result is one which I consider is unsupportable, and wrong. Picking six key themes from the arguments, I divide my discussion of the judgment into the following sub-headings: (i) Did the judge ask herself the correct question(s)? (ii) The effect of Re MN on these facts; (iii) Has there has been a breach of Article 5? (iv) Taking a decision which MAG could not take for himself; (v) No alternative option; impermissible pressure; (vi) The factual findings."
28/08/16 (1): RadcliffesLeBrasseur: Annual Mental Health Conference - London, 6/10/16. — Speakers: Andrew Parsons (A review of common concerns in mental health: war stories, errors and risk management), Peter Mant (Mental health law case update), Mat Kinton (The new Code of Practice: experience and issues to date), Simon Burrows (DOLS case law update), Dr Anupam Kishore (What mental health issues keep consultant psychiatrists awake at night?). Time: 9.15am - 3.30pm. Price: £96 inc VAT. See RadcliffesLeBrasseur website for further information and booking details.
27/08/16 (2): Dishonesty case.Lucia Benyu v Solicitors Regulation Authority (2015) EWHC 4085 (Admin), (2015) MHLO 137 — "This is the adjourned hearing of the Appellant's appeal brought pursuant to section 49 of the Solicitors Act 1974 against the order of the Solicitors Disciplinary Tribunal ('SDT') dated 3/10/14, striking the Appellant off the Roll of Solicitors and ordering her to pay costs in the sum of £48,000. The decision followed a full three day hearing at which the Appellant was represented by experienced counsel, although she has indicated that she has now made a complaint against that counsel. The SDT found the Appellant to have been dishonest to the criminal standard. But it went on to say that the seriousness of her misconduct was such that it would have struck her off even if it had not made such a finding. ... The Appellant acted in person at the substantive appeal hearing. She has not attended for the hand down of this judgment, although she is fully on notice of it. She invites the court to the set aside the SDT's order; or, alternatively, to strike her off with no dishonesty attached."
27/08/16 (1): Inherent jurisdiction case.Al-Jeffery v Al-Jeffery (Vulnerable adult, British citizen) (2016) EWHC 2151 (Fam), (2016) MHLO 25 — "There are two applications before the court. One asks the court to make a statutory forced marriage protection order. The other asks the court to make orders, including mandatory orders, in the exercise of the inherent jurisdiction of the High Court to make orders protective of vulnerable adults. ... She now claims that she is being seriously ill-treated by her father and being kept under constraint by him in his flat; and that she is being prevented by him from leaving Saudi Arabia and travelling to Wales or England, which she wishes to do, and is, in the eyes of the law of Wales and England, fully entitled freely to do. ... The father, against whom I [am] asked to make an order, is not a British citizen and owes no allegiance to our Sovereign or this state. Neither of them are present here. Neither of them have lived here for several years. Both of them are citizens of Saudi Arabia and both of them currently live there. There have, indeed, already been recent legal proceedings between them there. Should I, nevertheless, attempt to help her by making the essential order which she seeks for her return here; or should I appreciate that that would be exorbitant and, in my judicial discretion, decline to do so? That is the essential issue and dilemma in this case."
21/08/16 (1): New editions to be published soon. The Mental Health Act Manual by Richard Jones will be published in September 2016, and Mental Health Law by Brenda Hale will be published in December 2016. See flyer and Books page.
20/08/16 (1): Will case.Poole v Everall (2016) EWHC 2126 (Ch), (2016) MHLO 24 — "The claimants are David's brothers ... who had benefited under previous wills prepared with the assistance of the Deputy, including one made on 29 February 2012 of which they seek proof in solemn form, but receive nothing in the December will. They allege that that will was not duly executed, that David lacked testamentary capacity and/or did not know and approve of its contents, and/or that its execution was procured by undue influence on Mr. Everall's part."
19/08/16 (6): MHLA: 17th Annual Conference - London, 18/11/16. — Speakers: Nick Lewis, MHLA chairman; John Sirodcar, Head of Contract Management, Legal Aid Agency; Neil Cronin, Chief Assessor, The Law Society Mental Health Panel; Mark Hinchliffe, Deputy Chamber President, HESC; Baroness Finlay, Professor of Palliative Medicine; Dr Callum Ross, Consultant Forensic Psychiatrist; Tam Gill, Gledhill Solicitors; Sophy Miles, Doughty Street Chambers. Price: £230 (non-member); £160 (member); £145 (groups of three or more members). Members are also invited to a pre-conference dinner on 17/11/16. See MHLA website for further information and booking details.
19/08/16 (5): MHLA: Advocacy, Risk and Cross-examination - Leicester, 17/10/16. — This one-day course is designed to enhance advocacy and case preparation skills. The focus is on preparing for advocacy, with advice on cross-examination of the medical witnesses and taking evidence-in-chief from the client, along with formulation and delivery of effective submissions. Price: £150 (MHLA members); £195 (non-members). CPD: 6 hours. See MHLA website for further details and to book online.
19/08/16 (4): MHLA: Re-accreditation course - Manchester, 20/9/16. — This Refresher and Re-accreditation course is suitable for those seeking re-accreditation and will also be of interest to anyone wishing to further their knowledge of mental health law and practice. Price: £150 (MHLA members); £195 (non-members). CPD: 6 hours. See MHLA website for further information and to book online.
19/08/16 (3): MHLA: Panel course - London, 12/9/16 and 13/9/16. — The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). CPD: 12 hours. See MHLA website for further details and to book online.
19/08/16 (2): MHLA: Panel course - Leeds, 8/9/16 and 9/9/16. — The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). CPD: 12 hours. See MHLA website for further details and to book online.
19/08/16 (1): MHLA: Foundation course - London, 30/8/16. — This course is aimed at new practitioners and those intending to attend the Panel course in the near future. Attendance at the Foundation course is strongly recommended in order to achieve a sound understanding of the basic principles of mental health law, practice and procedure, and in order to achieve the most from the two-day Panel course, which is a pre-requisite for application to the Law Society’s mental health panel. Price: £150 (MHLA members); £195 (non-members). CPD: 6 hours. See MHLA website for further details and to book online.
10/08/16 (1): Legal Aid. Since July 2016, all mental health high cost case bills are being processed by the High Cost Case Team in South Tyneside (no longer by the Liverpool team). The address is: Legal Aid Agency, Unit B8, Berkley Way, Viking Business Park, Jarrow, South Tyneside NE31 1SF. DX 742350 JARROW. See Legal Aid
04/08/16 (1): Switalskis Solicitors, York - Eighth Annual Review of the MCA 2005, 13/10/16. — This well-established one-day conference is aimed at advocates, IMCAs, and professionals working in community care, adult social care, health care, voluntary organisations and charities. Speakers are: Neil Allen, DJ Bellamy, Annabel Lee, Christian Walsh, Parishil Patel, Natalie Brown, Fenella Morris QC, Simon Burrows, Dr Nick Brindle and Joseph O'Brien. Price: £100 incl VAT; free for charities. See flyer for further details and booking information.