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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 1901 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:
Law Society panel concerns cont'd.
On 8/5/18 the Head of Accreditations responded to a further email to say that the Law Society is currently reviewing its requirements and, in order to provide clarity for its members, hopes to send...
2018-05-18 00:01:00
Listing news.
The appeal in MM (not PJ) will be heard by the Supreme Court on 26/7/18 (source: email from MM's solicitor, Donald Tiong of Bison Solicitors, 10/5/18). See <a href="/SSJ_v_MM;_Welsh_Min...
2018-05-10 00:04:00
Event. MHLA: Panel course - London, 25/6/18 and 26/6/18
— The Mental Health Lawyers Association is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Pric...
2018-05-10 00:03:00
Event. MHLA: Legal Aid supervision - London, 7/6/18
— This course is aimed at experienced supervisors looking to refresh their skills, or those considering applying for supervisor status, and will cover the Legal Aid Agency supervisor standards an...
2018-05-10 00:02:00
Event. CCJHR and IMHLA: Annual Conference 2018 - Cork, 12/5/18
— The Centre for Criminal Justice &amp; Human Rights (School of Law, University College Cork) and the Irish Mental Health Lawyers Association are holding their Annual Conference on Mental Hea...
2018-05-10 00:01:00
MHT document. HMCTS, 'Minimum requirements for tribunal hearings to be held in hospitals' (11/4/18)
— This document states that "[a] hearing room is as essential to a psychiatric hospital as an operating theatre is to a surgical hospital" and that if hospitals do not adhere to...
2018-05-06 00:02:00
MHT letter. Mark Hinchliffe and Zoe Blake, 'Letter to all Hospitals regarding our Minimum Requirements' (11/4/18)
— This is a covering letter for <a href="/HMCTS,_%27Minimum_requirements_for_tribunal_hearings_to_be_held_in_hospitals%27_(11/4/18)" title="HMCTS, 'Minimum requirements for...
2018-05-06 00:01:00
Minutes. Minutes of Court User Group Meeting (25/4/18)
— The next meeting will be at 1400 on Wednesday 17/10/18 in Court 23 at First Avenue House.
2018-05-04 00:01:00
Job advert. Plymouth Defence Solicitors, Plymouth - Mental Health Supervisor (listed until 31/7/18).
See <a href="/Jobs" title="Jobs">Jobs</a>
2018-04-30 00:01:00
Homelessness case. WB v W District Council [2018] EWCA Civ 928
— "This appeal is about when a person who is homeless and suffers from mental illness may apply for housing under Part VII of the Housing Act 1996. ... The difficulty for the appellant in th...
2018-04-27 00:02:00
Old Ian Brady case. R v Press Complaints Commission, ex parte Ian Stewart-Brady [1996] EWCA Civ 986
— "This is a renewed application for leave to apply for judicial review in relation to an adjudication of the Press Complaints Commission. ... The application arises out of a publication in...
2018-04-27 00:01:00
Deprivation of liberty case. Buckinghamshire County Council v RT [2018] EWCOP B12
— "I am concerned with a young man who is now 17 ½ years old and who I shall refer to as RT in this judgement. ... RT's behavioural issues are such that it is no longer safe for him at...
2018-04-26 00:01:00
Parole Board delay case. LV v UK 50718/16 [2018] MHLO 22
— "Complaint: The applicant complains under <a href="/Article_5" title="Article 5">Article 5</a>(4) of the Convention that she did not have a speedy review of...
2018-04-21 00:01:00
Newsletter. Mind, 'Legal Newsletter' (March 2018)
— This newsletter contains news under the following headings: (1) Brick by Brick; (2) Chief Constable of Norfolk v Coffey UKEAT/0260/16/BA; (3) DL-H v West London Mental Health Trust &amp; An...
2018-04-20 00:04:00
Covert medication case. M v Abertawe Bro Morgannwg University Health Board [2018] UKUT 120 (AAC)
— "This case concerns disclosure to a patient in mental health tribunal proceedings of information that he had been covertly medicated. This is an issue that has previously been considered b...
2018-04-20 00:03:00
Medical treatment case. NHS Windsor, Ascot and Maidenhead CCG v SP (Withdrawal of CANH) [2018] EWCOP 11
— "Windsor, Ascot and Maidenhead CCG have applied to the court for a personal welfare order in respect of SP. The order sought is for a Declaration and Order that it is not in SP's best...
2018-04-20 00:02:00
Law Society panel concerns cont'd. Law Society mental health accreditation scheme - guidance documents
— This page contains links to what is believed to be every version of the guidance documents dated from December 2011 to October 2017 inclusive (plus an old document from May 2002). The creation...
2018-04-20 00:01:00
Job advert. Bishop &amp; Light Solicitors, Hove - Court of Protection Solicitor (listed until 13 July 2018).
See <a href="/Jobs" title="Jobs">Jobs</a>
2018-04-15 00:02:00
Book chapter uploaded.
Larry Gostin, ''Mental Health Services: Law and Practice'' (Shaw &amp; Sons, supplement issue no 18, June 2000). Chapter 20 - The therapeutic relationship: treatment and confidentiality. See &l...
2018-04-15 00:01:00
Sentence appeal case. R v Thompson [2018] EWCA Crim 639
— "These four otherwise unconnected appeals have been listed together as each potentially raises an issue in relation to the effect of s11(3) of the <a href="/Criminal_Appeal_Act_196...
2018-04-10 00:01:00
Panel JR announcement. GT Stewart Solicitors and Advocates, 'GT Stewart file claim for judicial review in the High Court challenging decision of the Law Society' (6/4/18)
— This announcement concludes: "The Law Society has not published detailed guidance on what areas are accepted to be mental health law-‘related’. However, in its published ‘expected st...
2018-04-09 00:04:00
Law Society panel concerns cont'd.
On 6/4/18, (a) the 28/2/18 email from MHLO to the Law Society was published, (b) the Law Society replied stating that "practitioners may submit training in related Mental Capacity topics for u...
2018-04-09 00:03:00
COP costs case. NHS Dorset CCG v LB [2018] EWCOP 7
— "In 2017, the NHS Dorset Clinical Commissioning Group launched what were intended to be four test cases seeking clarification of the law concerning the deprivation of liberty of mentally c...
2018-04-09 00:02:00
Deputyship case. Re AR [2018] EWCOP 8
— "The main reason why this application has been transferred to me is that it raises issues relating to the validity of the orders relied on by Mr Cawthorn to enable him to charge remunerati...
2018-04-09 00:01:00
Law Society panel concerns. Law Society mental health accreditation scheme - CPD requirements
— During late 2017 and early 2018 the Law Society has been retrospectively operating an unpublished policy of disallowing certain CPD topics (including mental capacity law) for the <a href=&qu...
2018-04-06 00:01:00
Litigation friend case. Jhuti v Royal Mail Group Ltd (Practice and Procedure) (2017) UKEAT 0062/17
— ''Summary from judgment: "While there is no express power provided by the ETA 1996 or the 2013 Rules made under it, the appointment of a litigation friend is within the power to make a cas...
2018-03-28 00:09:00
Vexatious COP application case. Re SW (No 2) [2017] EWCOP 30
— "This is another utterly misconceived application by a son (the son) in relation to his mother, SW. ... The son's application as it was presented to the District Judge was, in my judgm...
2018-03-28 00:08:00
Medical treatment case. Re SW [2017] EWCOP 7
— (1) "[A]s matters stand, the transplant being proposed cannot proceed, whatever the court may say or do. As it has been presented to the court, this scarcely coherent application i...
2018-03-28 00:07:00
Article. Alex Ruck Keene, 'Foreign powers of attorney - an unfortunate judicial wrong turn' (Mental Capacity Law and Policy, 26/3/18)
— This article states that the two litigants in person, in seeking recognition and enforcement of a Canadian "Continuing Power of Attorney for Property" as a protective measure (under P...
2018-03-28 00:06:00
Extradition case. Cash v Court of First Instance, Strasbourg, France [2018] EWHC 579 (Admin)
— "At the conclusion of the hearing on 13 March 2018 I allowed the Appellant's appeal and quashed the extradition order made by District Judge Grant on 15 March 2017. I did so on the gro...
2018-03-28 00:05:00
Variation of Trusts Act case. ET v JP [2018] EWHC 685 (Ch)
— "This judgment deals with one point which arose in the course of an application for the court's approval to a variation of a trust pursuant to the Variation of Trusts Act 1958. ... The...
2018-03-28 00:04:00
HIV treatment case. Re AB [2016] EWCOP 66
— "I am asked to, and I do approve, a treatment regime for AB, which involves the administration of medication to her on a basis of deception. Not merely passive deception, which, to use a l...
2018-03-28 00:03:00

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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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