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Revision as of 21:24, 9 April 2012 by Jonathan (Talk | contribs)

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 1729 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:
Private Member's Bill. Mental Health (Independent Advocacy) (England) Bill 2015
— Summary from Parliament website: "A Bill to amend the Mental Health Act 1983 to make further provision for powers and responsibilities of independent mental health advocates for qualifying...
2015-11-29 00:02:00
DNACPR/capacity case. Winspear v City Hospitals Sunderland NHSFT [2015] EWHC 3250 (QB), [2015] MHLO 104
— ''(1) The core principle of prior consultation before a DNACPR decision is put into place on the case file applies in cases both of capacity and absence of capacity. If it is both practicable a...
2015-11-29 00:01:00
Upper Tribunal deprivation of liberty case. MM v WL Clinic [2015] UKUT 644 (AAC), [2015] MHLO 103
— ''(1) For the purposes of <a href="/Article_5" title="Article 5">Article 5</a>, a restricted patient with the capacity to do so can give a valid and effective co...
2015-11-26 00:01:00
Browne Jacobson, 'Shift in Mental Capacity law towards a substituted judgment test' (19/11/15).
See <a href="/M_v_Mrs_N_(2015)_EWCOP_76,_(2015)_MHLO_102" title="M v Mrs N (2015) EWCOP 76, (2015) MHLO 102">M v Mrs N (2015) EWCOP 76, (2015) MHLO 102</a>
2015-11-23 00:05:00
Medical treatment case. M v Mrs N [2015] EWCOP 76, [2015] MHLO 102
— ''It was in the best interests of N, who was in a minimally-conscious state, not to continue to receive clinically assisted nutrition and hydration. The judge concluded that: "Ultimately,...
2015-11-23 00:04:00
Welsh MHA Code of Practice consultation.
The Welsh Government are consulting on creating their own version of this year's Code of Conduct for England. Closing date 27/11/15. See <a href="/Consultations" title="Consul...
2015-11-23 00:03:00
Job advert.
ODonnells Solicitors in Preston are recruiting for a mental health panel member. For further details of this position, see <a href="/Jobs" title="Jobs">Jobs</a>
2015-11-23 00:02:00
Job advert.
Peter Edwards Law in Hoylake are recruiting for a Court of Protection lawyer. Closing date 11/12/15. For further details of this position, see <a href="/Jobs" title="Jobs"&gt...
2015-11-23 00:01:00
Redesigned Consultations page.
The consultations page is now easier to navigate, with consultations categorised into the year in which they ended. There is also a special page allowing you to do detailed searches on the database...
2015-11-16 00:02:00
Police consultation.
The College of Policing are consulting on new police guidance for mental health, from 11/11/15 to 1/1/16. Extract: "The College of Policing has published new draft national guidance clarifying...
2015-11-16 00:01:00
Legal Aid case. R (Howard League for Penal Reform) v Lord Chancellor [2015] EWCA Civ 819, [2015] MHLO 101
— ''This was an appeal against the refusal of permission to apply for judicial review of changes introduced to criminal legal aid for prison law by the <a href="/Criminal_Legal_Aid_(Gener...
2015-11-14 00:11:00
Criminal appeal case. R v Brown (formerly Latham) [2015] EWCA Crim 1328, [2015] MHLO 100
— "The central ground of appeal is that the appellant's conviction is unsafe because the ruling of the judge – viz. that the appellant's conferences at court with his lawyers were...
2015-11-14 00:10:00
Alan Erwin, 'Northern Irish anorexic woman will continue fight against treatment in England, court hears' (Belfast Telegraph, 5/8/15).
Also: Belfast Telegraph, 'Anorexic woman in legal fight against being sent to England for treatment' (27/7/15). See <a href="/Forthcoming_judgments" title="Forthcoming jud...
2015-11-14 00:09:00
Monidipa Fouzder, '"Urgent review" of appropriate adults needed (Law Society Gazette, 26/8/15).
See <a href="/Appropriate_adult" title="Appropriate adult">Appropriate adult</a>
2015-11-14 00:08:00
National Appropriate Adult Network, 'Ensuring provision of appropriate adults for mentally vulnerable adults detained or interviewed by police' (August 2015).
details. See <a href="/Appropriate_adult" title="Appropriate adult">Appropriate adult</a>
2015-11-14 00:07:00
Office of the Public Guardian, 'Gifts: Deputies and EPA/LPA Attorneys' (Practice Note no 02/2012, September 2015).
Summary from Government website: "Attorneys and deputies can give gifts on behalf of the person who they have been appointed to help make decisions for. They can only make gifts in some situat...
2015-11-14 00:06:00
Repatriation case. R (Drammeh) v SSHD [2015] EWHC 2984 (Admin), [2015] MHLO 99
— "This is a claim for judicial review of (i) the Defendant's decision of 6 February 2015 (confirmed after further consideration on 16 June 2015) refusing to accept the Claimant's re...
2015-11-14 00:05:00
Mental Health (Detention in Conditions of Excessive Security) (Scotland) Regulations 2015.
— These Regulations relate to appeals to the Mental Health Tribunal for Scotland on the ground that detaining the patient in the current hospital entails subjecting the patient to an excessive le...
2015-11-14 00:04:00
Mental Health (Scotland) Act 2015.
— Preamble: "An Act of the Scottish Parliament to amend the Mental Health (Care and Treatment) (Scotland) Act 2003 in various respects; to make provision about mental health disposals in cri...
2015-11-14 00:03:00
Mental Health (Scotland) Act 2015 (Commencement No 1, Transitional and Saving Provisions) Order 2015.
— This Order brings into force certain provisions of the <a href="/Mental_Health_(Scotland)_Act_2015" title="Mental Health (Scotland) Act 2015">Mental Health (Scotland)...
2015-11-14 00:02:00
Catherine Fairbairn, 'Powers of attorney and decision-making for another person' (House of Commons Library Briefing Paper number 03898, 4/11/15).
This paper discusses powers of attorney (ordinary, enduring and lasting), the Court of Protection (decisions and deputies) and social security appointees. See <a href="/Lasting_Power_of_Att...
2015-11-14 00:01:00
39 Essex Chambers, 'Mental Capacity Law Newsletter' (issue 60, November 2015).
Links to the July, September and October 2015 editions have also been added. See <a href="/39_Essex_Chambers_Mental_Capacity_Law_Newsletter" title="39 Essex Chambers Mental Capaci...
2015-11-13 00:07:00
LPA case. XZ v The Public Guardian [2015] EWCOP 35, [2015] MHLO 98
— "This is an application regarding the effectiveness of some provisions contained in a Lasting Power of Attorney ('LPA') for property and financial affairs. It is not a type of appl...
2015-11-13 00:06:00
Deputyship case. L v NG [2015] EWCOP 34, [2015] MHLO 97
— ''Headnote from judgment: "Application by the sister of NG to be appointed as his deputy for property and affairs together with her sons – Even if NG lacked capacity to manage his proper...
2015-11-13 00:05:00
Deputyship case. Re HS [2015] EWCOP 33, [2015] MHLO 96
— "I have been asked to reconsider two orders I made on the papers. The first was an order dated 29 October 2014 revoking HS's Enduring Power of Attorney and the second was an order made...
2015-11-13 00:04:00
LPA case. The Public Guardian v SR [2015] EWCOP 32, [2015] MHLO 96
— "This is an application by the Public Guardian for an order revoking a Lasting Power of Attorney ('LPA') for property and affairs and directing him to cancel its registration."
2015-11-13 00:03:00
Best interests/DOL case. A Local Health Board v AB [2015] EWCOP 31, [2015] MHLO 95
— "I conclude that: (a) AB lacks capacity to conduct these proceedings herself. (b) AB lacks capacity to make her own decisions about whether to consent to medical treatment for her cardiac...
2015-11-13 00:02:00
Best interests/DOL case. A Hospital NHS Trust v CD [2015] EWCOP 74, [2015] MHLO 94
— ''CD was willing to have the total abdominal hysterectomy, in order to remove two very large ovarian growths, which the medical experts recommended. (1) Mostyn J held that she lacked capacity i...
2015-11-13 00:01:00
Deputyship case. Re AFR [2015] EWCOP 73, [2015] MHLO 93
— "This is an application by the Public Guardian to discharge two joint and several deputies for property and affairs on the grounds that they have behaved in a way that has contravened thei...
2015-11-12 00:04:00
LPA case. Re DWA [2015] EWCOP 72, [2015] MHLO 92
— "On 1 October 2014 I made an order on the papers revoking a Lasting Power of Attorney ('LPA') for property and financial affairs in respect of one of three attorneys because I was...
2015-11-12 00:03:00
Deprivation of liberty case. An NHS Trust v A [2015] EWCOP 71, [2015] MHLO 91
— ''A patient detained under <a href="/MHA_1983_s3" title="MHA 1983 s3">MHA 1983 s3</a> was not ineligible to be deprived of his liberty in a general hospital unde...
2015-11-12 00:02:00
LPA case. Re AMH [2015] EWCOP 70, [2015] MHLO 90
— "This is an application by the Public Guardian to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs."
2015-11-12 00:01:00

Keeping up to date

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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="">it's only a click away</a&g... (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... (Lucy Series) 2014-02-25 12:24:00
<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... (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=" (Lucy Series) 2014-02-19 15:45:00
Local authorities behaving badly
<div dir="ltr" style="text-align: left;" trbidi="on">When <a href="">HL was deprived of his... (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... (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... (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=" (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=" (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=" (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... (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=" (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... (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... (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... (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... (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... (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... (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=" (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=" (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=" (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... (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="">th... (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... (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=" (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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