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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 1773 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:
Colin Harnett, 'Changing discharge conditions - residence' (Dear Colleague letter from Head of Mental Health Casework Section, 17/12/15).
In response to a case in which the MOJ had not closely managed a patient's movements (it had not registered a change of address), the following policy will apply from 4/1/16: (1) All conditiona...
2016-04-29 00:02:00
Judiciary website, 'Court of Protection: draft Case Management Pilot Practice Direction' (2/3/16).
This web page contains information about, and links to, two draft Practice Directions: "Practice Direction: Case Management Pilot" and "Practice Direction: Section 49 Reports Pilot&q...
2016-04-29 00:01:00
Immigration case. R (O) v SSHD [2016] UKSC 19, [2016] MHLO 12
— "The appellant, O, is a woman of Nigerian nationality, aged 38. In November 2003, with her son, then aged three, she illegally entered the UK. In July 2008 she pleaded guilty to offences o...
2016-04-28 00:01:00
MHLA: Panel course - London, 28/6/16 and 29/6/16.
— The Mental Health Lawyers Association are running their Panel Course on Tuesday 28/6/16 and Wednesday 29/6/16. The MHLA is an approved provider of the two-day course which must be attended by p...
2016-04-25 00:03:00
MHLA: Court of Protection conference - Manchester, 24/6/16.
— The Mental Health Lawyers Association's third annual Court of Protection Conference will be held on Friday 24/6/16 in Manchester. Keynote speaker: Mr Justice Charles, Vice President of the...
2016-04-25 00:02:00
MHLA: Intro to Court of Protection - London, 12/5/16 and 13/5/16.
— The Mental Health Lawyers Association are running an "Introduction to the Court of Protection" course on Thursday 12/5/16 and Friday 13/5/16 in London. This course is primarily aimed...
2016-04-25 00:01:00
Mental Health Law Online is 10 years old today!
Celebrate by buying the <a href="/Annual_Review" title="Annual Review">Annual Review</a> and leaving good feedback on Amazon&#160;:-)
2016-04-19 00:01:00
New (corrected) neutral citation number available for this case. LB Southwark v KA (Capacity to Marry) [2016] EWCOP 20, [2016] MHLO 10
— "These proceedings under the Mental Capacity Act 2005 concern a 29 year old learning disabled man, KA, one of five children of a Bangladeshi family. I am asked to make declarations that KA...
2016-04-13 00:01:00
MHLO Annual Review 2015.
Paperback and Kindle versions are £6 and £3 respectively. The Annual Review contains all news items, arranged thematically, which were added to the website during the year. Please support the web...
2016-04-12 00:01:00
Recognition of Foreign Order case. Re Z (Recognition of Foreign Order) [2016] EWHC 784 (Fam), [2016] MHLO 11
— "This judgment considers the exercise of the court's powers under the inherent jurisdiction to recognise and enforce orders concerning the medical treatment of children made by courts...
2016-04-08 00:01:00
NAS: Autism and CJS Conference - Manchester, 18/4/16.
— This new one-day conference will look at the kinds of issues that can arise when autistic individuals interact with the criminal justice system, and what can be done to help reduce problems and...
2016-04-07 00:01:00
Capacity to marry case. LB Southwark v KA (Capacity to Marry) [2016] EWHC 661 (Fam), [2016] MHLO 10
— "These proceedings under the Mental Capacity Act 2005 concern a 29 year old learning disabled man, KA, one of five children of a Bangladeshi family. I am asked to make declarations that KA...
2016-04-03 00:01:00
PJ and MM appeal dates.
Listing news: "Lord Justice Moor-Bick has directed that [<a href="/MM_v_WL_Clinic_(2016)_UKUT_37_(AAC),_(2016)_MHLO_3" title="MM v WL Clinic (2016) UKUT 37 (AAC), (2016)...
2016-03-19 00:01:00
Conditional discharge and DOL.
On 9/3/16 the Court of Appeal granted permission in MM v WL Clinic because "[T]he appeal raises important points of principle which ought to be considered by this court and on which th...
2016-03-12 00:01:00
New book.
<span class="plainlinks"><a rel="nofollow" class="external text" href="http://www.mentalhealthlaw.co.uk/Special:Link/http://www.amazon.co.uk/dp/1...
2016-03-06 00:01:00
Criminal case. R v Marcantonio [2016] EWCA Crim 14, [2016] MHLO 9
— "This is the judgment in two cases, an appeal against conviction (R v. Marcantonio) and an application for permission to appeal against conviction (R v. Chitolie), which have in common the...
2016-02-25 00:01:00
Simon Pugh, 'Of residence, reviews and reverses' (Legal Aid Handbook blog, 20/1/16).
The government aims to introduce the civil Legal Aid residence test by summer 2016. See <a href="/Public_Law_Project_v_Lord_Chancellor_(2015)_EWCA_Civ_1193,_(2015)_MHLO_136" title=&quo...
2016-02-21 00:02:00
Legal Aid case. Public Law Project v Lord Chancellor [2015] EWCA Civ 1193, [2015] MHLO 136
— ''The proposed Legal Aid residence test was lawful (the High Court had been wrong to decide it to be ultra vires and unjustifiably discriminatory). The proposed test is described as follows in...
2016-02-21 00:01:00
Office of the Public Guardian, 'OPG's approach to solicitor client accounts' (Practice Note no 02/2016, 15/2/16).
Detail from Government website: "This practice note explains the Office of the Public Guardian’s (OPG) approach to the use of client accounts to manage deputyship funds, and how the deputy a...
2016-02-17 00:03:00
Medical case. A Local Health Board v Y (A Child) [2016] EWHC 206 (Fam), [2016] MHLO 8
— "In all the circumstances, therefore, I conclude that the course proposed by the clinicians is in Y's best interests. In accordance with the parties' ultimate agreement, I therefor...
2016-02-17 00:02:00

Keeping up to date

Receive updates via any of the following means:

Books
The Small Places: recent posts
The Small Places is moving...

<div dir="ltr" style="text-align: left;" trbidi="on">...but <a href="http://thesmallplaces.wordpress.com/">it's only a click away</a&g...
noreply@blogger.com (Lucy Series) 2014-03-06 22:21:00
‘I was ever a fighter, so — one fight more’
<div dir="ltr" style="text-align: left;" trbidi="on">A powerful judgment concerning the liberty of Ms Manuela Sykes has <a href="http://www.bailii.or...
noreply@blogger.com (Lucy Series) 2014-02-25 12:24:00
Preventable
<div dir="ltr" style="text-align: left;" trbidi="on">I imagine there is only one thing worse than your son or daughter dying at the age of 18, and that is learni...
noreply@blogger.com (Lucy Series) 2014-02-25 09:31:00
Some more messages on the Mental Capacity Act 2005
<div dir="ltr" style="text-align: left;" trbidi="on">This is another post on evidence given to the <a href="http://www.parliament.uk/business/committ...
noreply@blogger.com (Lucy Series) 2014-02-19 15:45:00
Local authorities behaving badly
<div dir="ltr" style="text-align: left;" trbidi="on">When <a href="http://www.bailii.org/eu/cases/ECHR/2004/720.html">HL was deprived of his...
noreply@blogger.com (Lucy Series) 2014-02-18 15:42:00
Same old same old: are supervisory bodies actually reading s39D?
<div dir="ltr" style="text-align: left;" trbidi="on">We are now into the fifth year of the DOLS, and it seems that a third of supervisory bodies may not yet have...
noreply@blogger.com (Lucy Series) 2014-02-18 10:10:00
Against "mental age"
<div dir="ltr" style="text-align: left;" trbidi="on">Why do so many judgments from the Court of Protection use 'mental age' to describe people with learn...
noreply@blogger.com (Lucy Series) 2014-02-17 11:24:00
A message from Hammersmith and Fulham
<div dir="ltr" style="text-align: left;" trbidi="on">A few weeks ago I posted <a href="http://thesmallplaces.blogspot.co.uk/2014/01/a-message-from-pe...
noreply@blogger.com (Lucy Series) 2014-02-14 16:14:00
Discharges from detention by the Tribunal under the Mental Health Act 1983
<div dir="ltr" style="text-align: left;" trbidi="on">The Care Quality Commission's <a href="http://www.cqc.org.uk/public/news/taking-action-impro...
noreply@blogger.com (Lucy Series) 2014-02-11 11:57:00
Does the public oppose 'euthanasia', or a loss of autonomy in end of life care?
<div dir="ltr" style="text-align: left;" trbidi="on">ComRes has recently <a href="http://www.comres.co.uk/poll/1084/alert-mental-capacity-act-survey....
noreply@blogger.com (Lucy Series) 2014-02-02 20:01:00
Framing the test of capacity to consent to sex
<div dir="ltr" style="text-align: left;" trbidi="on">The Court of Appeal has just handed down a very important judgment on the nature of the capacity to consent...
noreply@blogger.com (Lucy Series) 2014-01-24 14:27:00
A secret court no more!
<div dir="ltr" style="text-align: left;" trbidi="on">So unless you missed the Daily Mail’s <a href="http://www.dailymail.co.uk/debate/article-25409...
noreply@blogger.com (Lucy Series) 2014-01-17 18:33:00
Whose right is it anyway?
<div dir="ltr" style="text-align: left;" trbidi="on"><div class="separator" style="clear: both; text-align: left;">This lovely postcard...
noreply@blogger.com (Lucy Series) 2014-01-17 16:50:00
Sign Age UK's petition to close the human rights loophole in care!
<div dir="ltr" style="text-align: left;" trbidi="on">I've written many times before on this blog about the utter disgrace that users of private and independe...
noreply@blogger.com (Lucy Series) 2014-01-15 11:10:00
Conference on Resource Allocation Systems
<div dir="ltr" style="text-align: left;" trbidi="on"><div>One of the most read pieces on this blog was some research which found that Resource Allocation S...
noreply@blogger.com (Lucy Series) 2014-01-07 14:45:00
Fab PhD Studentships - Overcoming barriers!
<div dir="ltr" style="text-align: left;" trbidi="on">I get contacted fairly often by people asking about what it's like to do a PhD. &nbsp;I always tell...
noreply@blogger.com (Lucy Series) 2014-01-07 14:34:00
A message from Pembrokeshire
<div dir="ltr" style="text-align: left;" trbidi="on">Happy new year! &nbsp;As some of you may have already noticed, the <a href="http://www.parli...
noreply@blogger.com (Lucy Series) 2014-01-06 14:43:00
Happy Christmas
<div dir="ltr" style="text-align: left;" trbidi="on"><div class="MsoNormal">It’s Christmas Eve.&nbsp; The cat has been bundled into the car...
noreply@blogger.com (Lucy Series) 2013-12-24 15:22:00
More questions than answers - on the 'forced caesarean' case
<div dir="ltr" style="text-align: left;" trbidi="on">[Update 04/12/2013: The <a href="http://www.judiciary.gov.uk/media/media-releases/2013/judic...
noreply@blogger.com (Lucy Series) 2013-12-03 10:35:00
The Ombudsmen find maladministration causing injustice in a case involving the deprivation of liberty safeguards
<div dir="ltr" style="text-align: left;" trbidi="on">One of the recurring themes that has come up before the <a href="http://www.parliament.uk/busine...
noreply@blogger.com (Lucy Series) 2013-11-28 14:53:00
Call for papers: SLSA Annual Conference Mental Health and Mental Capacity Law stream
<div dir="ltr" style="text-align: left;" trbidi="on"><div class="tr_bq">Every year the <a href="http://www.slsa.ac.uk/content/view/17...
noreply@blogger.com (Lucy Series) 2013-11-27 16:01:00
Postcode lottery in DoLS review mechanism
<div dir="ltr" style="text-align: left;" trbidi="on">Under the Mental Capacity Act 2005 deprivation of liberty safeguards (DoLS) an authorisation to detain a per...
noreply@blogger.com (Lucy Series) 2013-11-25 11:11:00
Fighting fund for LB
<div dir="ltr" style="text-align: left;" trbidi="on">The post I wrote about <a href="http://thesmallplaces.blogspot.co.uk/2013/07/lb.html">th...
noreply@blogger.com (Lucy Series) 2013-11-11 17:28:00
Judicial review of decision to close the Independent Living Fund succeeds
<div dir="ltr" style="text-align: left;" trbidi="on">Apologies for this fleeting post, but I wanted to bring to people's attention the Court of Appeal's...
noreply@blogger.com (Lucy Series) 2013-11-11 14:43:00
Detained patients' awareness of the mental health tribunal
<div dir="ltr" style="text-align: left;" trbidi="on">Hot on the heels of the judgment in <a href="http://thesmallplaces.blogspot.co.uk/2013/10/mh-v-u...

noreply@blogger.com (Lucy Series) 2013-11-05 10:07:00

Bailii: recent COP cases
MRJ (Reconsideration of Order) [2014] EWHC B15 (COP) (10 April 2014)

2014-04-10 00:00:00
Nottinghamshire Healthcare NHS Trust v J [2014] EWHC 1136 (COP) (09 April 2014)
2014-04-09 00:00:00
Wandsworth Clinical Commissioning Group v IA (By the Official Solicitor As His Litigation Friend) [2014] EWHC 990 (COP) (03 April 2014)
2014-04-03 00:00:00
A Local Authority v TZ (No. 2) [2014] EWHC 973 (COP) (01 April 2014)
2014-04-01 00:00:00
London Borough of Redbridge v G & Ors (No. 2) [2014] EWHC 959 (COP) (26 March 2014)
2014-03-26 00:00:00
A Local Authority v B, F & G [2014] EWHC B18 (COP) (21 March 2014)
2014-03-21 00:00:00
AK (gift application) [2014] EWHC B11 (COP) (20 March 2014)
2014-03-20 00:00:00
RGS (No. 3), Re [2014] EWHC B12 (COP) (20 March 2014)
2014-03-20 00:00:00
P, Re (capacity to tithe inheritance) [2014] EWHC B14 (COP) (20 March 2014)
2014-03-20 00:00:00
Newcastle Upon Tyne Hospitals Foundation Trust v LM [2014] EWHC 454 (COP) (26 February 2014)
2014-02-26 00:00:00
London Borough of Redbridge v G & Ors [2014] EWHC 485 (COP) (26 February 2014)
2014-02-26 00:00:00
JS v KB & Anor (Property And Affairs Deputy for DB) [2014] EWHC 483 (COP) (26 February 2014)
2014-02-26 00:00:00
Westminster City Council v Sykes [2014] EWHC B9 (COP) (24 February 2014)
2014-02-24 00:00:00
ES, Re [2014] EWHC B6 (21 February 2014)
2014-02-21 00:00:00
Heart of England NHS Foundation Trust v JB [2014] EWHC 342 (COP) (17 February 2014)
2014-02-17 00:00:00
A (A Child), Re (Rev 1) [2014] EWHC 920 (COP) (12 February 2014)
2014-02-12 00:00:00
DP (Revocation of Lasting Power of Attorney), Re [2014] EWHC B4 (COP) (11 February 2014)
2014-02-11 00:00:00
RC v CC & Anor [2014] EWHC 131 (COP) (30 January 2014)
2014-01-30 00:00:00
X, Y And Z (Minors) , Re [2014] EWHC 87_2 (COP) (24 January 2014)
2014-01-24 00:00:00
Practice Guidance (Transparency in the Court Of Protection) [2014] EWHC B2 (COP) (16 January 2014)

2014-01-16 00:00:00

Google: MH News
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