Updates

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  • 21/09/17 (2): IJMHCL third edition. [2017] IJMHCL pages 1-83. The articles in this edition are: (1) Editorial (Darius Whelan, Emma Cave); (2) Severe and Enduring Anorexia Nervosa in the Court of Protection in England and Wales (Emma Cave, Jacinta OA Tan); (3) Analysing the Definition of Disability in the UN Convention on the Rights of Persons with Disabilities: is it really based on a 'Social Model' approach? (Katerina Kazou); (4) Negotiating Relationality: Mental Capacity as Narrative Congruence (David Gibson); (5) Some Continental European Perspectives on Safeguards in the Case of Deprivation of Liberty in Health and Social Care Settings (Walter Boente). See International Journal of Mental Health and Capacity Law
  • 21/09/17 (1): IJMHCL second edition. [2016] IJMHCL pages 71-143. In the archives, the first and second editions are both called "No 22 (2016)". The articles in this edition are: (1) Editorial (Daniel W. Liang Wang, Alex Ruck Keene, Ruth Fletcher, Catherine Penny, Richard Ashcroft); (2) Disability, Deprivation of Liberty and Human Rights Norms: Reconciling European and International Approaches (Eilionóir Flynn); (3) DoLS or Quality Care? (Gordon Rayment Ashton); (4) Capacity Assessment and Information Provision for Voluntary Psychiatric Patients: a service evaluation in a UK NHS Trust (Benjamin Ian Perry, Swaran Preet Singh, David Hedley White); (4) Deprivation of Liberty: the position in Scotland (Laura Jean Dunlop). See International Journal of Mental Health and Capacity Law
  • 20/09/17 (6): After-care case. R (CXF) v Central Bedfordshire Council [2017] EWHC 2311 (Admin), [2017] MHLO 30 — "The central question raised in these proceedings is whether either or both of the Defendants has a duty under s117 of the MHA to cover the costs of the Claimant's mother's visits, on the ground that they constitute "after-care services" within the meaning of that provision. ... The specific issues that arise are as follows: (a) Whether the duty to provide after-care services under s117 is triggered when the Claimant is granted leave of absence from the Hospital under s17 of the MHA for an escorted bus trip. This issue turns on the question whether, when granted such leave of absence, the Claimant satisfies the two pre-conditions set out in s. 117(1), namely, (i) that he has "ceased to be detained" under s3 of the MHA, and (ii) that he has "left hospital"; (b) If so, whether the after-care services which are to be provided pursuant to s117(6) of the MHA may as a matter of principle include funding to cover the Claimant's mother's transport costs; (c) If so, whether on the facts of this case there is a duty to provide the funding sought as an after-care service under s117; (d) If so, whether the duty to provide the services falls on the First and Second Defendants jointly, or in fact falls on the First Defendant jointly with Bedfordshire Clinical Commissioning Group, which was originally joined as a Defendant to these proceedings, but against which proceedings were discontinued in March 2017."
  • 20/09/17 (5): Deportation case. SSHD v KE (Nigeria) [2017] EWCA Civ 1382, [2017] MHLO 29 — "This is an appeal [which] gives rise to the narrow, but important, issue as to whether a non-British citizen who is convicted and sentenced to a hospital order with restrictions under sections 37 and 41 of the Mental Health Act 1983 is 'a foreign criminal who has been sentenced to a period of imprisonment of at least four years' for the purposes of section 117C(6) of the Nationality, Immigration and Asylum Act 2002, so that the public interest requires his deportation unless there are very compelling circumstances that mean that it would be a disproportionate interference with his rights under article 8 of the European Convention on Human Rights to deport him."
  • 20/09/17 (4): CDLP: Making our own Decisions: Sharing Stories and Creating Change - Galway, 22/11/17 — The Voices project's final workshop will draw together the four core themes of the project - criminal responsibility, contractual capacity, consent to treatment and consent to sex - and feature a mix of personal narratives, art and theoretical perspectives based on the UNCRPD. All 15 storyteller and respondent pairs from 12 different countries will share their experiences of the project and provide previews of the book which will be published in 2018. Keynote speaker: Dr Michael Bach. The seminar should be of interest to students, researchers, people with disabilities, people with experience of the mental health system, family members, and practitioners in the fields of law, health and social care. Cost: free. See Voices website for further details and booking information. See Events
  • 20/09/17 (3): Court of Protection User Group - London, 11/10/17 — This meeting is open to the public, but is more relevant to practitioners. As space is limited, it would be helpful if anyone who wishes to attend could email courtofprotectionenquiries@hmcts.gsi.gov.uk ensuring ‘Court User Group’ is in the subject field. Time: 14.00. Venue: Court 23, 5th Floor, First Avenue House. See Contact:Court of Protection (High Holborn) for full contact details, and Court of Protection User Group for further information about the Court User Group. See Events
  • 20/09/17 (2): Healthcare Conferences UK: DOLS: Towards Liberty Protection Safeguards - London, 8/12/17 — This conference will update delegates on the implications of the March 2017 Law Commission Report, and the practicalities of moving towards Liberty Protection Safeguards. There will be a choice of two streams, with Stream A focusing on hospitals and Stream B focusing on supervisory bodies. Chairman: Alex Ruck Keene. Cost: fees range from £300+VAT to £495+VAT and there are various discounts (including 20% off for quoting "hcuk20dols" when booking). For further information and to book your place visit the HCUK website or email nicki@hc-uk.org.uk See Events
  • 20/09/17 (1): Edge Training: DOLS: a new beginning? - London, 9/10/17 — This half-day course aims to provide a detailed overview and analysis of the Law Commission's recent proposals and draft legislation to replace DoLS with the Liberty Protection Safeguards. It will consider the potential impact of the proposals on individuals, professionals and organisations. There are separate morning (0930-1230) and afternoon (1330-1630) sessions. Speaker: Steven Richards. Cost: £70 + VAT (£84). See flyer for further details and booking information. See Events
  • 12/09/17 (1): Edge Training: Deprivation of liberty in the community - London, 6/10/17 — This one-day course is designed to enable participants to identify when applications need to be made to the Court of Protection to authorise deprivation of liberty and to comply with the requirements set down by the Court for making such applications. Speaker: Alex Ruck Keene. Cost: £140 plus VAT (£168). See flyer for further details and booking information. See Events
  • 08/09/17 (3): Difficult Conversations: End of Life Care: Advanced Legal Issues Masterclass - London, 29/11/17 — This half-day masterclass will explore the legal framework surrounding end of life care and serious illness and enable delegates confidently to discuss the following areas with colleagues/patients: consent (what exactly informed consent means); Mental Capacity Act; DOLS; advance care planning; confidentiality. Facilitator: Tim Spencer-Lane. Cost: £145 (inc VAT). See flyer for further details and booking information. See Events
  • 08/09/17 (2): Difficult Conversations: End of Life Care: Advanced Legal Issues Masterclass - London, 12/10/17 — This half-day masterclass will explore the legal framework surrounding end of life care and serious illness and enable delegates confidently to discuss the following areas with colleagues/patients: consent (what exactly informed consent means); Mental Capacity Act; DOLS; advance care planning; confidentiality. Facilitator: Tim Spencer-Lane. Cost: £145 (inc VAT). See flyer for further details and booking information. See Events
  • 08/09/17 (1): Upper Tribunal case. JMcG v Devon Partnership NHS Trust [2017] UKUT 348 (AAC), [2017] MHLO 28 — "The principal issue in this appeal is whether the First-tier Tribunal (Mental Health) erred in law in its belief that, pursuant to s.72(3) of the Mental Health Act 1983, it could not defer the discharge of a detained patient beyond the date of the order authorising detention. The Appellant patient criticised the tribunal for (a) refusing to defer his discharge until a date after the authority for his detention had expired and (b) failing to give adequate reasons for its decision overall. I have concluded that the tribunal did not err in law with respect to the effect of section 72(3) since its reasons did not assert that a deferred discharge could not exceed the date of the order authorising detention. Though strictly obiter, I have concluded that a deferred discharge cannot exceed the date of the order authorising detention and explain why I have reached that view below. I also concluded that the tribunal’s reasoning in this case was adequate."
  • 28/08/17 (1): Damages case. Parker v Chief Constable of Essex Police [2017] EWHC 2140 (QB), [2017] MHLO 27 — "The Defendant founds its submission that the Claimant is entitled to nominal damages only on the decision of the Supreme Court in Lumba (WL) v SSHD [2011] UKSC 12. Lumba has been considered and applied by the Supreme Court in R (Kambadzi) v SSHD [2011] UKSC 23 and by the Court of Appeal in Bostridge v Oxleas NHS Foundation Trust [2015] EWCA Civ 79, [2015] MHLO 12. The Defendant relies upon Kambadzi and Bostridge as well as Lumba. ... Applying the basic principles of compensatory damages in tort, the counterfactual (i.e. what would have happened if the tort had not been committed) in Lumba was that the Secretary of State would have detained the claimants lawfully pursuant to the published policy. ... In Bostridge the finding of the trial judge was that the appellant would have been detained as and when he was if his illness had been correctly addressed via section 3 of the Mental Health Act, as it should have been; and that he would then have received precisely the same treatment and been discharged when he was. The Court of Appeal held that the fact that this counterfactual necessarily included steps being taken by persons other than the Defendant did not prevent the application of the principles set out in Lumba. The appellant therefore recovered only nominal damages. It is not enough for a Defendant in the position of the Secretary of State in Lumba or the Defendant in the present case to show that the counterfactual could have resulted in the same outcome as had been caused by the tort: the Defendant must go on to show that it would have done so. ... It follows that I reject the Defendant's submission that the principles set out in Lumba are applicable if the unlawfully arrested Claimant was "arrestable", meaning that he could have been lawfully arrested: it is necessary for the Defendant also to show that he would have been lawfully arrested. The principles set out in Lumba lead to an award of nominal damages if no loss has been suffered because the results of the counterfactual are the same as the events that happened. If and to the extent that they diverge (e.g. because a lawful arrest would not have occurred at the time but would have occurred later) the Court will have to decide on normal tortious compensatory principles whether and to what extent a substantial award of damages is merited for the divergence in outcome. What is the appropriate counterfactual in a given case will be acutely fact-sensitive."
  • 25/08/17 (1): MHLA: 18th Annual Conference - Leeds, 17/11/17 — Speakers: Legal Aid Agency, Tribunal Judge Duncan Birrell, Floyd Porter, Prof Luke Clements, Dr Caroline Bradley, Michael Kennedy, Sophy Miles. Price: £230 (non-member), £160 (member), £145 (groups of three or more members). See MHLA website for further information and booking details.
  • 22/08/17 (14): Manchester University/AMHPA: Taking Stock conference - Manchester, 19/10/17 — The University of Manchester and AMHPA (Approved Mental Health Professionals Association) are holding their annual conference on mental health law and practice - Taking Stock - on Thursday 19 October 2017 in Manchester. The speakers will include Sir William Charles, Michael Brown OBE, Mair Elliott, Prof Suzy Braye OBE, Dr Leah Quinlaven and Neil Allen. Price: £125. For further details see the AMHPA website and see the the conference's Eventbrite page for booking information.
  • 22/08/17 (13): PELT: Deprivation of Liberty made simple - Hoylake, 13/12/17 — Course description: "The disagreements between the judiciary have not helped our understanding of DoLs. This course will leave you feeling much more confident. The CQC has made DoL a priority on inspections. The Supreme Court leaves us in no doubt what is and is not a DoL. But how is all this applied in practice to protect not only the service user, but the professionals and service providers as well? How does this impact on ‘informal’ patients under the MHA and the role of AMHPs and Tribunals? What does ‘continuous supervision and control’ really mean? What is ‘free to leave’? Damages for unlawful DoL. This course will leave you feeling confident in how the law should be applied." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details.
  • 22/08/17 (12): PELT: Mental Health Act Masterclass (new material) - Hoylake, 22/11/17 — Course description: "This new 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. New cases will be covered. To act lawfully, decision makers are required to follow ‘procedures prescribed by law’. These can be found not only in the Act but importantly in the Code (2015) and developing case law." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details.
  • 22/08/17 (11): PELT: Court of Protection Masterclass (new material) - Hoylake, 8/11/17 — Course description: "New and important case law developments are so frequent that it is challenging to keep up. This course will focus on the recent developments in Court of Protection, especially over the last 6 months. It will include the latest CoP cases on deprivation of liberty, capacity, health and welfare and treatment and young people." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details.
  • 22/08/17 (10): PELT: Depriving Children and Young People of their liberty lawfully - Hoylake, 26/10/17 — Course description: "DoLs start at 18. MCA 16. MHA no minimum age for detention. How to lawfully deprive a child or young person of their liberty requires great care. What is a DoL and where does parental responsibility fit? The course will look at the complex inter relationship between the MCA, MHA and Children’s legislation. When should a child or young person be sectioned? What alternatives are there? Where does s.25 Children’s Act (secure accommodation) fit in?" Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details.
  • 22/08/17 (9): PELT: Introduction to MCA and DOLS - Hoylake, 18/10/17 — Course description: "This is an intensive introduction to all those who need a basic understanding of the MCA and DOLS. Identifying the ‘decision maker’ as the person responsible for the outcome of that particular decision is the key to lawful decision making on behalf of those who lack capacity. Realising that depriving a person of their liberty removes the legal protection given to decision makers unless the deprivation is ‘prescribed by law’ catches many people out. Not knowing what you don’t know promotes risky practice." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See [ PELT website] for further information and booking details. Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details.
  • 22/08/17 (8): PELT: Introduction to the Mental Health Act - Hoylake, 4/10/17 — Course description: "This course is essential for those with little or no knowledge of the Mental Health Act who wish to obtain a comprehensive and up-to-date overview of the subject. The emphasis of this day is on how the law works in practice." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details.
  • 22/08/17 (7): PELT: Two-day admission to panel (accredited) - Hoylake, 25/9/17 and 26/9/17 — Course description: "This very intensive two-day course, approved by the Law Society, is designed to assist delegates prepare themselves for panel accreditation. The course also will flag up the difference between the English and Welsh systems. The course would also be of great benefit to anyone involved in the tribunal process who feel that they need a greater depth of knowledge. In addition, day 2 in particular would be of value to those seeking reaccreditation." Trainers: Peter Edwards and Dr Rob Brown. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £175+VAT (£210) per day; £350+VAT (£420) for both days. See PELT website for further information and booking details.
  • 22/08/17 (6): PELT: Introduction to COP, including s21A appeals - Hoylake, 12/9/17 — Course description: "There was a time when the Court of Protection was just about financial issues. The Court is now the place where deprivation of liberty safeguards and procedures are authorised or challenged and where arguments about adult protection and best interests are resolved. It is essential that all those working with vulnerable people / safeguarding have an understanding of how to access and use the Court. In certain circumstances there is a legal obligation on authorities to apply to the Court." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details.
  • 22/08/17 (1): Derek Boothby and Andy Brammer: Best Practice in DOLS and Best Interest Assessments Conference - Wakefield, 14/11/17 — This conference is aimed at BIAs, Independent BIAs, Mental Health Assessors and Safeguarding Leads. Speakers: Neil Allen ("Case law updates"); Dr Nadim Nayyar ("Role of the Mental Health Assessor and working with the BIA"); Kerry Kilburn ("The BMBC case, Covert Medication and Form 3"); Mick Stanley ("Form 3: what the Supervisory Body looks for"). This course will enable those working in this field to evidence relevant CPD. Price: £120, including refreshments and lunch. See flyer for further details and booking information.
  • 10/08/17 (2): Empowerment Matters: National IMCA Conference 2017 - London, 10/11/17 — This conference will explore events during the 10 years since the Independent Mental Capacity Advocacy service and role began. It is open to all those who work within the mental capacity field including solicitors, deputies, social workers, best interests assessors, and others from the health and social care sector. Speakers: Alex Ruck Keene, barrister, 39 Essex Chambers; Mark Neary; Dr Martin Vernon, Consultant Geriatrician, Clinical Director, Central Manchester University Hospitals; Irwin Mitchell Solicitors. Topics: caselaw developments; the role of litigation friend; serious medical treatment & PEG feeds; potential Vulnerable Adults Bill. Cost: £101.48. See Eventbrite website for further details and booking information.
  • 10/08/17 (1): Empowerment Matters: National IMCA Conference 2017 - Sheffield, 20/10/17 — This conference will explore events during the 10 years since the Independent Mental Capacity Advocacy service and role began. It is open to all those who work within the mental capacity field including solicitors, deputies, social workers, best interests assessors, and others from the health and social care sector. Speakers: Alex Ruck Keene, barrister, 39 Essex Chambers; Mark Neary; Dr Martin Vernon, Consultant Geriatrician, Clinical Director, Central Manchester University Hospitals; Irwin Mitchell Solicitors. Topics: caselaw developments; the role of litigation friend; serious medical treatment & PEG feeds; potential Vulnerable Adults Bill. Cost: £101.48. See Eventbrite website for further details and booking information.
  • 07/08/17 (2): MHLA: Panel course - Leeds, 25/10/17 and 26/10/17 — The Mental Health Lawyers Association is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s accreditation scheme (formerly called the ‘panel’). Price: £300 (MHLA members); £390 (non-members); £270 (group discount). See MHLA website for further details and to book online.
  • 07/08/17 (1): MHLA: Panel course - London, 18/10/17 and 19/10/17 — The Mental Health Lawyers Association is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s accreditation scheme (formerly called the ‘panel’). Price: £300 (MHLA members); £390 (non-members); £270 (group discount). See MHLA website for further details and to book online.
  • 31/07/17 (3): MHT Practice Guidance. Practice Guidance: Enforcement Procedure, Directions and Summonses (24/7/17) — This document contains the following headings: (1) The Responsible Authority’s duty to provide its written evidence within 3 weeks; (2) The Responsible Authority’s duty to cooperate with the tribunal, and provide the full identity and secure contact details of its statement and report writers; (3) The Responsible Authority’s duty to arrange for the attendance of witnesses; (4) The Legal Representative’s Duties; (5) What will the tribunal do to enforce compliance? (6) The MH5 direction to a named person to immediately provide written evidence; (7) Failure to comply with a personal MH5 Direction to give written evidence; (8) Summonses.
  • 21/07/17 (2): Welsh Tribunal forms. New forms and guidance documents were created, and translated into Welsh, in April and May 2017 — MHRTW-01: Application to the tribunal; MHRTW-02: Nearest Relative Application; MHRTW-03: Attendance Form; MHRTW-04: Expenses claim - witness; MHRTW-05: Permission for Appeal Application Form; MHRTW-06: Guidance - Applying to the Tribunal; MHRTW-07: Guidance - Referrals; MHRTW-08: Guidance - The Tribunal Hearing; MHRTW-09: Guidance - Nearest Relative Information; MHRTW-10: Guidance - Provision of Reports to the Tribunal; MHRTW-11: Guidance - Report Layout and Content; MHRTW-12: Guidance - Expenses claim - Witness; MHRTW-13: Guidance - The Tribunal’s Powers; MHRTW-14: Guidance - Permission for Appeal; MHRTW-15: Publications Register; MHRTW-16: List of words; MHRTW-17: Eligibility Criteria; MHRTW-18: Request to Withdraw application; MHRTW-18A: Guidance - Request to Withdraw application. See Tribunal forms
  • 21/07/17 (1): RadcliffesLeBrasseur: Annual Mental Health Conference - London, 5/10/17 — Speakers: Simon Burrows (Mental health case law and DoLS update), Mat Kinton (The key issues that keep attracting the attention of CQC at MHA inspections), Andrew Parsons (CQC regulatory powers), Simon Cheverst (Consent and the psychiatric patient: treatment, covert medication and the law) and Paul Spencer (What is likely to trouble a coroner at an inquest into the death of a psychiatric patient?). Time: 9.15am - 3.30pm. Price: £96 inc VAT. See RadcliffesLeBrasseur website for further details and booking information.
  • 11/07/17 (1): Immigration case. BA v SSHD (2017) UKAITUR IA343212013, [2017] MHLO 26 — "The Appellant is a citizen of Nigeria born on 26th February 1980. His appeal against a refusal to vary leave was allowed by First-tier Tribunal Judge Abebrese on Article 8 grounds on 23 rd May 2016. ... The Appellant sought permission to appeal against the Article 3 findings only ... On the basis of the factual findings, the opinion in the Amnesty International Report and the opinion of Dr Bell, the Appellant is likely to suffer a breakdown at some point on return to Nigeria whether that be at the airport or some time later. He is likely to come to the attention of the police if he has such a breakdown and he would not be able to access the psychiatric hospital in Lagos because he is unable to afford treatment there. Accordingly, it is likely that he would be held in prison where the conditions for this particular Appellant with his particular condition would result in treatment in breach of Article 3. ... The Applicant would not be at risk of Article 3 treatment because of a heightened risk of suicide. He would, however, be at risk of inhuman and degrading treatment in breach of Article 3 because of the conditions of return. ... The medical evidence indicates that the Appellant is vulnerable to relapse even in the UK and without the threat of removal. His removal to Nigeria is likely to trigger a relapse and his behaviour will draw hostile attention. His treatment by the authorities in detaining him under the Lunacy Act 1958 would amount to inhuman and degrading treatment. There is a reasonable degree of likelihood that he would be detained in a prison, there would be no treatment for his mental health, his situation would deteriorate, the length of detention is indeterminate, there is no right of appeal and there is no requirement for him to consent to treatment. Accordingly, I allow the Appellant's appeal on Article 3 grounds."
  • 08/07/17 (1): Sentence appeal case. R v Kitchener [2017] EWCA Crim 937, [2017] MHLO 25 — "On 22 November 2002 at the Crown Court at Cardiff before the Recorder of Cardiff His Honour Judge Griffith-Williams QC the applicant, then aged 20, pleaded guilty to attempted murder contrary to s.1(1) of the Criminal Attempts Act 1981. On 2 December 2002, he was sentenced by the same judge to custody for life with a minimum term of 4 years and 8 months less 4 months on remand in custody. His applications for an extension of time of about 14 years, for leave to appeal against sentence and to call fresh psychiatric evidence have been referred to the full Court by the single judge. The basis for the application for leave to appeal against sentence is that the applicant contends that he should have been sentenced to a hospital order and a restriction order under sections 37 and 41 of the Mental Health Act 1983 rather than to custody for life. The basis for the application for an extension of time is that the psychiatric report of Dr Sobia Khan dated 26 October 2015 was not available at the time of sentence. That report is said to satisfy the conditions for the admission of fresh evidence under section 23 of the Criminal Appeal Act 1968. The admission of the report is said to be both necessary and expedient in the interests of justice."
  • 04/07/17 (1): Debra Whittle, 'Freedom of Information Act (FOIA) Request -112074' (letter to Lucy Series, 19/6/17). This FOI response includes the following information. Time from receipt to disposal: section 2 (0 weeks 24.5%, 1 week 53.0%, 2 weeks 18.2%, 4 or more weeks 1.9%); restricted (0-3 weeks 8.0%, 4-9 weeks 15.4%, 10-15 weeks 59.6%, 16-18 weeks 5.1%, 19 or more 11.9%); non-restricted (0-3 weeks 22.1%, 4-7 weeks 47.9%, 8-9 weeks 17.5%, 10-12 weeks 6.5%, 13 or more weeks 6.1%). Total number of cases: section 2 (10,617); restricted (3,449); unrestricted (21,065). Median age of case: section 2 (1 week); restricted (10-15 weeks); non-restricted (4-7 weeks). See Mental Health Tribunal#Listing of hearings
  • 03/07/17 (5): MHLA: Advocacy, Risk and Cross-examination - Leicester, 16/10/17 — 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). See MHLA website for further details and booking information
  • 03/07/17 (4): MHLA: Re-accreditation course - London, 4/10/17 — This course will be suitable for those seeking re-accreditation (by reviewing the legal and procedural developments of the last three years; providing a forum for discussing these along with the re-accreditation process; fulfilling the requirement to obtain six mental health CPD points for re-accreditation). It 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). See MHLA website for further details and booking information
  • 03/07/17 (3): MHLA: Re-accreditation course - Manchester, 27/9/17 — This course will be suitable for those seeking re-accreditation (by reviewing the legal and procedural developments of the last three years; providing a forum for discussing these along with the re-accreditation process; fulfilling the requirement to obtain six mental health CPD points for re-accreditation). It 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). See MHLA website for further details and booking information
  • 03/07/17 (2): MHLA: Foundation course - London, 30/8/17 — 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). See MHLA website for further details and booking information
  • 03/07/17 (1): MHLA: Foundation course - Manchester, 23/8/17 — 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). See MHLA website for further details and booking information
  • 02/07/17 (2): Upper Tribunal case. Djaba v West London Mental Health NHS Trust [2017] EWCA Civ 436, [2017] MHLO 23 — "[T]he appeal is concerned with the narrow issue whether the statutory tests within ss. 72, 73 and 145 of the Mental Health Act 1983 require a 'proportionality assessment' to be conducted, pursuant to articles 5 and/or 8 of the European Convention of Human Rights and Fundamental Freedoms and the Human Rights Act 1998, taking into account the conditions of the appellant's detention. ... The position established by these cases is that, where the question whether the detention complies with the European Convention on Human Rights is not expressly within the powers of the tribunals but can be heard in other proceedings, section 3 of the Human Rights Act 1998 does not require the powers of the tribunals to be interpreted by reference to the Convention to give them the powers to consider Convention-compliance as well. The same principle applies here too. In this case, the appellant must apply for judicial review to the Administrative Court if he considers that the conditions of his detention are disproportionate and do not comply with the Convention. That Court is able to carry out a sufficient review on the merits to meet the requirements of the Convention."

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