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The internet resource on mental health law in England & Wales, primarily for mental health practitioners, to which anyone can contribute. From April 2006 to September 2010 this website was called Wiki Mental Health. The following are the main content areas:


1. Case law   2. Legislation   3. General information   4. CPD scheme
Regularly updated commentaries on the cases, with links to the full text judgments on Bailii. (Currently 1130 categorised cases)   The full text of, and a simple and up-to-date commentary on, the Mental Health Act 1983, the Mental Capacity Act 2005, and related legislation.   General articles to explain the concepts and terminology used in the caselaw and legislation sections; and practical guidance for lawyers   Online CPD scheme providing 12 points for £60: suitable for solicitors (SRA-accredited), barristers (established practitioners), psychiatrists, social workers and psychiatric nurses.


Recent updates on website

For further details of the updates below, click here:

  • 04/02/12 (12): The CPD questionnaire for January's legal update is now online for subscribers. Subscribe now to receive 12 SRA-accredited CPD points online. See CPD scheme for further details

  • 04/02/12 (11): Case summary. Re M (2011) EWHC 3590 (COP) — Under MCA 2005 s63 and schedule 3, which incorporates the Hague Convention on the International Protection of Adults 2000 into domestic law, the High Court recognised and gave effect to an order of the Southern Irish High Court which required M's transfer to and treatment at an English psychiatric hospital.

  • 04/02/12 (10): Martin Hickman, 'Cash crisis slows justice for the vulnerable at Court of Protection' (Independent, 4/2/12). This article includes the following statistic: 'When [the Official Solicitor] started in April 2008, he had 42 cases. That's gone up to 650 on his books currently.' See Official Solicitor

  • 04/02/12 (9): 39 Essex Street, 'Court of Protection Newsletter' (issue 18, February 2012). The cases mentioned in this issue are: Re H; A Local Authority v H [2012] EWHC 49 (COP), [2012] MHLO 3, Re M [2011] EWHC 3590 (COP), Re JDS; Kevin Smyth v JDS (2012) COP 19334473 19/1/12, [2012] MHLO 4, Stanev v Bulgaria 36760/06 [2012] ECHR 46, [2012] MHLO 1, DM v Doncaster MBC [2011] EWHC 3652 (Admin), Re AH (Costs); AH v Hertfordshire Partnership NHS Foundation Trust [2011] EWHC 3524 (COP), SBC v PBA and Others [2011] EWHC 2580 (Fam). Also included is news that the Official Solicitor is currently unable to accept invitations to act except in (a) serious medical treatment cases, and (b) s21A appeals which are not brought by the relevant person's representative. See 39 Essex Street COP Newsletter

  • 04/02/12 (8): Case summary. Wychavon District Council v EM (HB) (2012) UKUT 12 (AAC), (2012) MHLO 5 — The UT judge reviewed his previous decision because he had overlooked a legislative provision which could have had a material effect on the decision: in this case MCA 2005 s7, which provides that 'If necessary goods or services are supplied to a person who lacks capacity to contract for the supply, he must pay a reasonable price for them.' (1) Although the purported tenancy agreement between P and her father was void because the lack of capacity was known, under s7 P was still 'liable to make payments in respect of the dwelling which she occupies as her home' so she was entitled to benefits under the Housing Benefits Regulations 2006. (2) Even if 'services' in s7 is not wide enough to cover the provision of accommodation, the common law rules as to necessaries survive and the provision of accommodation is an obvious necessary.

Keeping up to date

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