Mental Health Law Online
The internet resource on mental health law, and mental capacity law, for England & Wales. You can read a review of the site here.
Stay up to date
- 15/09/20: Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 107, September 2020) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated MCA/DoLS guidance, the anorexia Catch-22, and two important cases on deprivation of liberty; (2) In the Property and Affairs Report: remote witnessing of wills, professional deputy remuneration and the OPG annual report; (3) In the Practice and Procedure Report: CoP statistics, short notes on relevant procedural points and the UN principles on access to justice for persons with disabilities; (4) In the Wider Context Report: the NICE quality standard on decision-making and capacity, litigation friends in different contexts, and a guest piece giving a perspective on living with a tracheostomy and a ventilator; (5) In the Scotland Report: the human rights blind spot in thinking about discharge from hospital in the context of COVID-19.
- 14/09/20: MHT video hearing guidance. Mental Health Tribunal, 'Video Hearing Guidance for Representatives in Mental Health Tribunals' (11/9/20) — This document contains information under the following headings: (1) Before the hearing; (2) Listing hearings; (3) PHEs [see comments]; (4) Uncontested References where patients do not want to attend a hearing [see comments]; (5) Connecting to a video hearing; (6) The hearing; (7) At the end of the hearing; (8) The written decision.
- 05/09/20: Missing pages from Gostin book uploaded — Thanks to Richard Jones for sending the missing pages C21-24. Now the online version of the book is complete. See Larry Gostin, Mental Health Services: Law and Practice (Shaw & Sons, supplement issue no 18, June 2000).
- 03/09/20: Case (Remote pre-hearing examinations are practicable). Re C  MHLO 48 (FTT) — (1) A salaried tribunal judge initially refused to allow a pre-hearing examination (PHE) because the coronavirus Pilot Practice Direction states: "During the Covid-19 pandemic it will not be 'practicable' under rule 34 of the 2008 Rules for any PHE examinations to take place, due to the health risk such examinations present." (2) Having treated the rule 46 application for permission to appeal as a rule 6 challenge, a different salaried tribunal judge decided that: (a) the practice direction is subordinate to the rules and overriding objective; (b) in video-enabled hearings with a full panel a PHE is practicable by that means; (c) hearings and PHEs should be conducted remotely as, even if the hospital would allow access, the tribunal will not put its members at risk of contracting or spreading coronavirus; (d) in this case, the PHE would take place by video link on the morning of the hearing. [First-tier Tribunal decisions are not binding.]
- No current job adverts
Online CPD scheme providing 12 hours for £60: suitable for solicitors, barristers, psychiatrists, social workers and psychiatric nurses
The Magic Book is a database of contact details - please contribute to it (the process is quick and simple).
- PELT: Accredited - Admission to the MHT Panel (online, 28/9/20 and 29/9/20)
- Court of Protection User Group Meeting (London, 8/10/20)
- PELT: Mental Health Act Masterclass - Legal Update (online, 14/10/20)
- PELT: Court of Protection/MCA Masterclass - Legal Update (online, 16/10/20)
- PELT: Introduction to using Court of Protection including s21A Appeals (online, 27/10/20)
- MHLA: Foundation course (Manchester, 2020, new date TBC)
- MHLA: Panel Course (Leeds, 2020, new date TBC)
- Edge Training: Liberty Protection Safeguards (London, summer 2020)
- Edge Training: DOLS Mental Health Assessors Annual Refresher Course (London, summer 2020)
- Edge Training: DOLS Authorised Signatories (London, summer 2020)
- Thalamos: Expert Report Writing - The Fundamentals (Birmingham, autumn 2020)
- Edge Training: Sexual relations, contraception, marriage and restricting contact (Manchester, summer 2020)
- Edge Training: Liberty Protection Safeguards (Manchester, autumn 2020)
- Edge Training: Transforming Care (Manchester, autumn 2020)
- PELT: Depriving Children and Young People of their liberty lawfully (Hoylake, postponed)
- Edge Training: Self Neglect and the Mental Capacity Act (London, summer 2020)
- MHLA: Legal Aid Supervision (Birmingham, 2020, new date TBC)
- MHLA: Panel Course (London, 2020, new date TBC)
- MHLA: Restricted Cases (Leeds, 2020, new date TBC)
We benefit when you buy fromhaving come from this website
- Richard Jones, Mental Health Act Manual (23nd edn, Sweet and Maxwell 2020)
- Richard Jones and Eve Piffaretti, Mental Capacity Act Manual (8th edn, Sweet and Maxwell 2018)
- Brenda Hale, Mental Health Law (6th edn, Sweet and Maxwell 2017)
- Sarah Johnston, Sophy Miles and Claire Royston, Mental Health Tribunal Handbook (LAG 2015)
- Phil Fennell, Penny Letts and Jonathan Wilson, Mental Health Tribunals: Law, Policy and Practice (Law Society, 2013)