Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
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From Mental Health Law Online

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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 1568 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:

  • 19/08/14 (1): Event. The Mental Health Lawyers Association are running a two-day 'Introduction to the Court of Protection' course on Tuesday 9/12/14 and Wednesday 10/12/14 in London. The course will have a practical focus, including a detailed case study and precedents for use in practice. Speakers: Sophy Miles and Floyd Porter. Price: £300 (members); £390 (non-members); £250 (for third and subsequent members in a group). CPD: 12 SRA-accredited hours. See MHLA website for further information. See Events

  • 18/08/14 (1): BBC, 'Wife killer Neil Cumming sues NHS over mental illness' (14/8/14). See Forthcoming judgments

  • 17/08/14 (1): Upper Tribunal decision. Re MM (2013) MHLO 150 (UT) — (1) The tribunal did not misdirect itself by applying the s2 criteria to a s3 case. (2) However, the tribunal's reasoning was inadequate. The tribunal stated that all the evidence was to the effect that MM's mental disorder 'warrants his treatment in hospital' (this is language from the s2 criteria), but it was only (part of) the medical evidence in which there was any confusion as to the criteria. The findings of fact (that the condition was chronic and relapsing etc) did not show that the mental disorder warranted detention (or made it appropriate). The only finding that could support the tribunal's decision was the medical evidence, which was affected by reference to the wrong legal test. In those circumstances the tribunal should have (a) shown that they had applied the correct criteria and not made the same mistake as the doctor, and (b) shown by precise findings of fact that the s3 criteria were satisfied. A blanket reference to a possibly-contaminated report did not suffice, and the tribunal made things worse by expressing its legal conclusions in the same confused terms as the medical report. (Transcript provided by Jonathan Litchfield of Burke Niazi Solicitors.)

  • 16/08/14 (1): Event. Edge Training are running a one-day course entitled 'BIA and Mental Health Assessors Legal Update' on Monday 8/9/14 in London. The course is aimed at DOLS assessors wishing to keep up to date on law and practice. Price: £115 plus VAT. The speaker will be Aasya Mughal (barrister). See flyer for further details and booking information. See Events

  • 15/08/14 (4): Smoking ban case. McCann v State Hospitals Board for Scotland (2014) CSIH 71, (2014) MHLO 93 — The smoking ban at Carstairs Hospital, which at first instance had been declared to be unlawful, was decided on appeal to be lawful.

Keeping up to date

Receive updates via any of the following means:

Books
The Small Places: recent posts
Bailii: recent COP cases
Google: MH News