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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 1797 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:
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 Presi...
2016-09-23 00:01:00
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 and the AMHP role)...
2016-09-16 00:01:00
Welsh Government, 'Mental Health Act 1983: Code of Practice for Wales' (2016).
See <a href="/Mental_Health_Act_1983_Code_of_Practice_for_Wales" title="Mental Health Act 1983 Code of Practice for Wales">Mental Health Act 1983 Code of Practice for Wale...
2016-09-11 00:03:00
Welsh Government, 'Consultation - summary of responses: Revision of the Mental Health Act 1983 Code of Practice for Wales' (document WG26160, June 2016).
See <a href="/Consultation_on_revision_of_the_Mental_Health_Act_1983_Code_of_Practice_for_Wales" title="Consultation on revision of the Mental Health Act 1983 Code of Practice for...
2016-09-11 00:02:00
Law Society, 'Consultation on the Revision of the Mental Health Act 1983 Code of Practice for Wales: Law Society Response' (27/11/15).
See <a href="/Consultation_on_revision_of_the_Mental_Health_Act_1983_Code_of_Practice_for_Wales" title="Consultation on revision of the Mental Health Act 1983 Code of Practice for...
2016-09-11 00:01:00
After-care legislation. National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016/293
— These regulations amend <a href="/National_Health_Service_Commissioning_Board_and_Clinical_Commissioning_Groups_(Responsibilities_and_Standing_Rules)_Regulations_2012" title="...
2016-09-05 00:01:00
Section 117 after-care responsibilities.
The following documents relate to amendments to the 'Who Pays' document, effective from 1/4/16 (once the amended 'Who Pays' document has been located it will be uploaded here): (a)...
2016-09-01 00:02:00
Ministry of Justice, 'Offender Management Statistics Bulletin, England and Wales: Quarterly October to December 2015; Annual January to December 2015' (28/4/16).
See <a href="/Statistics#Ministry_of_Justice" title="Statistics">Statistics#Ministry of Justice</a>
2016-09-01 00:01:00
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...
2016-08-31 00:03:00
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...
2016-08-31 00:02:00
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 applic...
2016-08-31 00:02:00
Deprivation of liberty case (Mar 2016). Re JM [2016] EWCOP 15, [2016] MHLO 31
— "These five cases are examples of cases in which the procedure to be adopted by the Court of Protection (COP) was left open in my judgment in <a href="/Re_NRA_(2015)_EWCOP_59,_(201...
2016-08-31 00:01:00
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...
2016-08-30 00:08:00
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...
2016-08-30 00:07:00
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 E...
2016-08-30 00:06:00
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 Edwa...
2016-08-30 00:05:00
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, healt...
2016-08-30 00:04:00
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, promo...
2016-08-30 00:03:00
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 T...
2016-08-30 00:02:00
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...
2016-08-30 00:01:00
Deputyship case (Jan 2016). Re RP [2016] EWCOP 1, [2016] MHLO 30
— "This is a dispute about the appointment of a deputy for property and affairs ..."
2016-08-29 00:06:00
Deputyship case (Jan 2016). Re A: C v D [2016] EWCOP 3, [2016] MHLO 29
— "This is a contested application for the appointment of a new deputy for property and affairs and a new trustee."
2016-08-29 00:05:00
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 ter...
2016-08-29 00:04:00
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.&q...
2016-08-29 00:03:00
CICA case (Dec 2015). PJV v Assistant Director Adult Social Care Newcastle City Council [2015] EWCOP 87, [2015] MHLO 138
— "The appeal before me ... relates to the part, if any, that the Court of Protection must play in the finalisation of an award of compensation under the relevant scheme that the Second Resp...
2016-08-29 00:02:00
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 Glentwort...
2016-08-29 00:01:00
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 Practic...
2016-08-28 00:01:00
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 <a href="/Solicitors_Act_1974" title="Solicitors Act 1974">Soli...
2016-08-27 00:02:00
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,...
2016-08-27 00:01:00
Upper Tribunal case summary document (January 2016).
This is a document issued to tribunal judges as guidance. The summary of <a href="/PJ_v_A_Local_Health_Board_(2015)_UKUT_480_(AAC),_(2015)_MHLO_63" title="PJ v A Local Health Boar...
2016-08-22 00:01:00
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 <a href="/media/Sweet...
2016-08-21 00:01:00
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 pro...
2016-08-20 00:01:00

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

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