Follow MHLO:
Share this page:

Main Page

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 1686 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:
Terrorism case. Commissioner of the Police of the Metropolis v Ahsan [2015] EWHC 2354 (Admin), [2015] MHLO 62
— ''The Commissioner of Police of the Metropolis applied for an order to impose notification requirements for a period of 15 years on Syed Talha Ahsan under the Counter-Terrorism Act 2008. The no...
2015-08-23 00:02:00
Cornwall Council, 'Deprivation of Liberty Safeguards - Time Study' (closes 4/9/15).
Cornwall Council have decided to extend the deadline for completion of their survey until 4pm on Friday 4/9/15. During the original period there were almost 400 responses, the breakdown being: (a)...
2015-08-23 00:01:00
Edge Training: BIA Report Writing - London, 25/9/15.
Edge Training are running a course entitled "Best Interests Assessors – Report Writing" on Friday '''25/9/15''' in London. This course aims to provide BIAs with the knowledge and skills...
2015-08-20 00:02:00
Edge Training: MH Assessors - London, 11/9/15.
Edge Training are running a course entitled "Mental Health Assessors - Qualification and Refresher Course" on Friday '''11/9/15''' in London. The course is designed to ensure MH Assessors...
2015-08-20 00:01:00
Tribunal Rules text brought up to date.
The MHLO text of the First-tier Tribunal Rules has been amended so that it is fully up to date. Amendments were made to rules 1, 10, 11, 17, 33, 41 and 46 and are shown by strikethrough (for deleti...
2015-08-16 00:03:00
Tribunal legislation. Tribunal Procedure (Amendment No. 3) Rules 2014/2128
— These rules amend the <a href="/Tribunal_Procedure_(First-tier_Tribunal)_(Health,_Education_and_Social_Care_Chamber)_Rules_2008" title="Tribunal Procedure (First-tier Tribunal...
2015-08-16 00:02:00
Tribunal legislation. Tribunal Procedure (Amendment) Rules 2013/477
— These rules amend the <a href="/Tribunal_Procedure_(First-tier_Tribunal)_(Health,_Education_and_Social_Care_Chamber)_Rules_2008" title="Tribunal Procedure (First-tier Tribunal...
2015-08-16 00:01:00
Cornwall Council, 'Deprivation of Liberty Safeguards - Time Study' (closes 21/8/15).
Cornwall Council are conducting an anonymous survey of BIAs nationwide to find out how long their assessments are taking. The survey is being conducted in light of concern that any post-Cheshire &#...
2015-08-11 00:01:00
MHLA re-accreditation course, 16 Oct 2015.
The Mental Health Lawyers Association are running a Refresher and Re-accreditation course on Friday '''16/10/15''' in London. This course is suitable for those seeking re-accreditation and will als...
2015-08-08 00:04:00
MHLA COP course, 8-9 Oct 2015.
The Mental Health Lawyers Association are running an "Introduction to the Court of Protection" course on Thursday '''8/10/15''' and Friday '''9/10/15''' in Manchester. This course is prim...
2015-08-08 00:03:00
MHLA panel course, 7-8 and 10-11 Sep 2015.
The Mental Health Lawyers Association are running their Panel Course (a) on Monday '''7/9/15''' and Tuesday '''8/9/15''' in London, and (b) on Thursday '''10/9/15''' and Friday '''11/9/15''' in Lee...
2015-08-08 00:02:00
MHLA foundation course, 24 and 25 Aug 2015.
The Mental Health Lawyers Association are running a mental health law Foundation Course on Monday '''24/8/15''' in London and on Tuesday '''25/8/15''' in Manchester. The foundation course is aimed...
2015-08-08 00:01:00
Ordinary residence case. R (Cornwall Council v SSH [2015] UKSC 46, [2015] MHLO 61
— "PH has severe physical and learning disabilities and is without speech. He lacks capacity to decide for himself where to live. Since the age of four he has received accommodation and supp...
2015-08-07 00:05:00
The Masked AMHP Blog, 'How long can a patient living and receiving treatment outside hospital be considered to be “liable to be detained in a hospital for treatment”? Recent case law' (...
See <a href="/SL_v_Ludlow_Street_Healthcare_(2015)_UKUT_398_(AAC),_(2015)_MHLO_60" title="SL v Ludlow Street Healthcare (2015) UKUT 398 (AAC), (2015) MHLO 60">SL v Ludlow...
2015-08-07 00:04:00
Section 17 case. SL v Ludlow Street Healthcare [2015] UKUT 398 (AAC), [2015] MHLO 60
— ''The patient was living outside hospital on <a href="/S17" title="S17" class="mw-redirect">s17</a> leave but was required to attend hospital for fortn...
2015-08-07 00:03:00
Immigration detention case. R (Samadi) v SSHD [2015] EWHC 1806 (Admin), [2015] MHLO 59
— "This is the hearing of the Claimant's claim for damages for what he argues was his unlawful immigration detention for 19 days from 14 May to 1 June 2012. In broad summary his case is...
2015-08-07 00:02:00
HSCIC, 'Guardianship under the Mental Health Act 1983, England 2014-15, National Statistics' (5/8/15, updated 6/8/15).
"This report contains information on the use of Guardianship under Section 7 and 37 of the Mental Health Act 1983, during the reporting period 1 April 2014 – 31 March 2015. It contains infor...
2015-08-07 00:01:00
West London MH NHS Trust, 'Policy A6: Admissions Panel Operational Policy (Broadmoor Hospital)' (3/6/15).
See <a href="/High_secure_hospital" title="High secure hospital">High secure hospital</a>
2015-08-01 00:02:00
Hospital transfer case. YZ v NHS Trust [2015] EWHC 2296 (Admin), [2015] MHLO 58
— ''(1) YZ ceased to comply with clozapine treatment, and was referred by a medium secure unit (MSU) to Broadmoor hospital. After Broadmoor's Admission Panel decided that while off clozapine...
2015-08-01 00:01:00
Upper Tribunal case. Case HM/0339/2015 [2015] MHLO 57 (UT)
— ''After the case had been adjourned part-heard, the patient's withdrawal was agreed by a tribunal clerk. The panel judge spoke with a salaried tribunal judge, who then set aside the decisio...
2015-07-27 00:01:00
LPA case. Re EL: Public Guardian v CS [2015] EWCOP 30, [2015] MHLO 56
— "This is an application by the Public Guardian for an order revoking a Lasting Power of Attorney ('LPA') for property and financial affairs and directing him to cancel its registra...
2015-07-20 00:07:00
Deputyship case. Re HC: Public Guardian v CC [2015] EWCOP 29, [2015] MHLO 55
— "This is an application by the Public Guardian for an order under section 16(8) of the Mental Capacity Act 2005 revoking the appointment of a deputy because he has behaved in a way that co...
2015-07-20 00:06:00
LPA case. Re SM: Public Guardian v MO [2015] EWCOP 27, [2015] MHLO 54
— "This is an application by the Public Guardian for the revocation of a Lasting Power of Attorney ('LPA') for property and financial affairs."
2015-07-20 00:05:00
EPA case. Re ED: Public Guardian v JD [2015] EWCOP 26, [2015] MHLO 53
— "This is an application by the Public Guardian to revoke an Enduring Power of Attorney."
2015-07-20 00:04:00
Best interests case. Re LC: Bedford Borough Council v Mrs C and Mr C [2015] EWCOP 25, [2015] MHLO 52
— "The proceedings concern Mrs C’s best interests in relation to residence and her contact with her husband and a deprivation of her liberty. ... There is also in existence a separate appl...
2015-07-20 00:03:00
Criminal injuries compensation case. Newcastle City Council v PV [2015] EWCOP 22, [2015] MHLO 51
— "This judgment considers the role of the Court of Protection in connection with applications to the Criminal Injuries Compensation Authority ('CICA'). In particular, it looks at ca...
2015-07-20 00:02:00
Sterilisation case. The Mental Health Trust v DD [2015] EWCOP 4, [2015] MHLO 50
— "For the reasons set out above, I propose to declare: (i) pursuant to section 15 of the 2005 Act that DD lacks capacity to litigate in relation to the relevant issues; (ii) pursuant to sec...
2015-07-20 00:01:00
DOL and conditional discharge. SSJ v KC [2015] UKUT 376 (AAC), [2015] MHLO 49
— ''(1) A conditional discharge may include conditions which will, on an objective assessment, give rise to a deprivation of liberty, if that deprivation of liberty is authorised under the MCA. (...
2015-07-15 00:01:00
Deprivation of liberty case. Re MOD (Deprivation of Liberty) [2015] MHLO 48 (COP)
— ''Nine cases which had been issued under the Re X streamlined procedure were listed for directions before DJ Marin. (1) One case (ML) would require a best interests hearing so never really belo...
2015-07-12 00:01:00

Keeping up to date

Receive updates via any of the following means:

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

Google: MH News
Failed to load RSS feed from Error parsing XML for RSS