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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 1576 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:

  • 30/10/14 (1): Deputyship case. BIM v MD (2014) EWCOP 39, (2014) MHLO 100 — Dispute over who should act as property and affairs deputy.

  • 27/10/14 (1): SRA decision. Lucia Benyu (SRA decision: control of practice) (2014) MHLO 99 (SRA) — (1) The SRA decided that as Lucia Benyu, née Ndoro, was in an Individual Voluntary Arrangement, and her conduct was under investigation, the following conditions on her 2013/14 practising certificate were necessary: (a) she may act as a solicitor only as an employee; which role has first been approved in writing by the SRA; she is not a sole practitioner, or a manager or owner of any authorised body or authorised non-SRA firm except as a minority share owner in Peters Legal Limited (SRA ID 607645); (c) she does not hold, receive or have access to client money or have responsibility for any client money; (d) she is not a signatory to any client or office account and does not have the power to authorise electronic payments or transfers from any client or office account; (e) Mrs Benyu shall immediately inform any actual or prospective employer of these conditions and the reasons for their imposition. (2) She was subsequently struck off the roll of solicitors by an order of the Solicitors Disciplinary Tribunal dated 3/10/14 (judgment to follow).

  • 24/10/14 (1): Event. The Mental Health Lawyers Association are running a one-day course entitled 'Mental Health Tribunals: cross-examining medical witnesses at tribunal - key skills for the legal representative' on Monday 24/11/14 in London. The speakers will be Tam Gill, Dr Duncan Anderson and Dr Richard Noon. Price: £120 (MHLA members); £175 (non-members). CPD: 6 accredited hours. See MHLA website for further information and booking details.

  • 23/10/14 (1): WLR(D) report added. Re X (Deprivation of Liberty) (No 2) (2014) EWCOP 37, (2014) MHLO 98 — "I need now to supplement and elaborate what I said in my previous judgment in relation to Questions (7), (9) and (16). For ease of reference I set out those questions again: '(7) Does P need to be joined to any application to the court seeking authorisation of a deprivation of liberty in order to meet the requirements of Article 5(1) ECHR or Article 6 or both? (9) If so, should there be a requirement that P … must have a litigation friend (whether by reference to the requirements of Article 5 ECHR and/or by reference to the requirements of Article 6 ECHR)? (16) If P or the detained resident requires a litigation friend, then: (a) Can a litigation friend who does not otherwise have the right to conduct litigation or provide advocacy services provide those services, in other words without instructing legal representatives, by virtue of their acting as litigation friend and without being authorised by the court under the Legal Services Act 2007 to do either or both …?' These questions require consideration of a number of issues which I take in order, formulating each of these issues in the form of a question. ..."

  • 21/10/14 (4): Job advert. ODonnells Solicitors in Preston are seeking to recruit a mental health and mental capacity fee earner. Closing date for applications is 14/11/14. See Job adverts

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