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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 1850 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:
Delayed discharges (request for case studies).
Mind are looking into potential legal reform in relation to delayed discharges from hospital, and request that people send case studies of patients who have remained in hospital for a number of mon...
2017-06-19 00:02:00
Legal Aid Agency, 'Tribunal appointed representatives in mental health (rule 11(7) cases)' (8/6/17).
This is guidance which has been provided to LAA auditors. In its summary section it states that: (1) No work on a client's case should be started before an application for legal aid has been ma...
2017-06-19 00:01:00
HMCTS, 'Guidance for the conduct of cases before the restricted patient panel' (updated 29/3/16).
This document sets out the responsibilities of the MoJ and MHT in the Tribunal procedure. For instance, the protocol provides that no MoJ comments are required in the following circumstances: (1) f...
2017-06-15 00:05:00
Edge Training: Best Interests Assessors Report Writing Course - London, 30/10/17
— This course is targeted specifically at qualified Best Interests Assessors (BIAs) and aims to provide them with the knowledge and skills needed to ensure robust and legally-defensible assessmen...
2017-06-15 00:04:00
Edge Training: DOLS Authorised Signatories - Sheffield, 3/11/17
— This course aims to provide guidance on the role of signatories and to update designated signatories in relation to the latest case law around their specific role within the DOLS procedures. Pl...
2017-06-15 00:03:00
Job advert. Ben Hoare Bell, Newcastle upon Tyne - Mental Health Solicitor.
The deadline for this vacancy is 31/7/17.
2017-06-15 00:02:00
Smoking ban case. McCann v State Hospitals Board for Scotland [2017] UKSC 31, [2017] MHLO 22
— "This is a challenge by application for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board for Scotland...
2017-06-15 00:01:00
Legal representation case. R (Brady) v Lord Chancellor [2017] EWHC 410 (Admin), [2017] MHLO 21
— ''To obtain Legal Aid funding, a representative must have a contract under <a href="/LASPO_2012" title="LASPO 2012" class="mw-redirect">LASPO 2012</a>...
2017-06-10 00:01:00
NOMS, 'Mental Health Casework Section: Section 17 - Leave of Absence' (22/2/17).
This replaces the 22/4/14 version. See <a href="/Ministry_of_Justice#Leave_of_absence" title="Ministry of Justice">Ministry of Justice#Leave of absence</a>
2017-06-08 00:02:00
NOMS and NHS England, 'Working with personality disordered offenders: A practitioners guide' (second edition, September 2015).
Link to this 2015 document added. This replaced the January 2011 version. See <a href="/Ministry_of_Justice#Personality_disorder" title="Ministry of Justice">Ministry of J...
2017-06-08 00:01:00
Court of Protection User Group.
(1) Minutes of Court User Group Meeting (12/10/16); (2) Carolyn Hilder, 'Court User Group' (notification of 26/4/17 meeting, 29/3/17); (3) Minutes of Court User Group Meeting (26/4/17). The...
2017-06-06 00:01:00
Job advert. DAC Beachcroft, Leeds - Healthcare Regulatory Solicitor.
Click on the link for further information on this vacancy.
2017-05-31 00:01:00
Switalskis Solicitors: Ninth Annual Review of the Mental Capacity Act 2005 - York, 21/9/17
— This conference is aimed at advocates, IMCAs, and professionals working in community care, adult social care, health care, voluntary organisations and charities. Speakers: Mr Justice Baker, Sop...
2017-05-29 00:02:00
New edition of book.
<span class="plainlinks"><a rel="nofollow" class="external text" href="http://www.mentalhealthlaw.co.uk/Special:Link/http://www.amazon.co.uk/dp/0...
2017-05-29 00:01:00
Edge Training: Deprivation of liberty in children and young people - Sheffield, 29/6/17
— This course aims to update staff working with children, young people and those in transition with the latest case law and developments in relation to deprivation of liberty. The course will con...
2017-05-26 00:02:00
Criminal appeal case. R v Joyce and Kay [2017] EWCA Crim 647, [2017] MHLO 20
— "These two appeals have been heard together because each involves a consideration of the judgments in <a href="/R_v_Stewart_(2009)_EWCA_Crim_593" title="R v Stewart [...
2017-05-26 00:01:00
Felicity Auer and Joanna Dean, 'Mental health: focus' (Legal Action, May 2017, p34).
This article (written before the Conservative party's policy announcement) proposes wide-ranging reforms to the MHA 1983 "to bring it into the 21st century and in line with international h...
2017-05-25 00:02:00
Karen Early, 'Mental Health Tribunal Bulletin' (HMCTS, 22/5/17).
The following is the text of this bulletin: "An important message regarding the administration office: Further to last week’s message, I confirm that the Leicester office remains severely af...
2017-05-25 00:01:00
Edge Training: MH Assessors Annual Refresher Course - London, 14/7/17
— This refresher course has been designed to meet the needs of DOLS Mental Health Assessors. It will cover key topics that cause uncertainty or dilemmas for MH Assessors and go over the main basi...
2017-05-23 00:04:00
Edge Training: Best Interests Assessors Legal Update Course - London, 10/7/17
— This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: consider the latest DoLS news, research and guidance; examine the latest case...
2017-05-23 00:03:00
Edge Training: DOLS: a new beginning? - London, 26/6/17
— This half-day course aims to provide a detailed overview and analysis of the Law Commission's recent proposals and draft legislation to replace DOLS with the Liberty Protection Safeguards....
2017-05-23 00:02:00
Edge Training: Best Interests Assessors Report Writing Course - London, 23/6/17
— This course is targeted specifically at qualified Best Interests Assessors (BIAs) and aims to provide them with the knowledge and skills needed to ensure robust and legally defensible assessmen...
2017-05-23 00:01:00
MHT office closure.
The following is the text of an email dated 18/5/17 in relation to an office closure: "Dear All, Please be aware that due to a burst water pipe the Leicester office is closed. We do not have a...
2017-05-19 00:02:00
Negligence case. ABC v St George's Healthcare NHS Trust &amp; Ors [2017] EWCA Civ 336, [2017] MHLO 19
— "The Claimant alleges that the particular circumstances of her case mean that the Defendants owed her a duty of care. She says it was critical that she should be informed of her father&#39...
2017-05-19 00:01:00
Edge Training: Consent, the Mental Capacity Act and Medical Treatment Conference - London, 9/6/17
— This one-day conference will provide professionals with essential information and guidance on the legislation and case law surrounding consent and the Mental Capacity Act. It will consider the...
2017-05-18 00:01:00
Extradition case. Korcala v Polish Judicial Authority [2017] EWHC 167 (Admin), [2017] MHLO 18
— "This extradition appeal involves essentially two questions: (i) If a person has been found incapable of committing a criminal offence in the country in which he was tried because of menta...
2017-05-10 00:01:00
MHLA - Reaccreditation course - London, 5/6/17
— The Mental Health Lawyers Association's refresher and re-accreditation course is suitable for those seeking re-accreditation and will also be of interest to anyone wishing to further their...
2017-05-09 00:05:00
MHLA - Legal Aid supervision - London, 16/5/17
— 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...
2017-05-09 00:04:00
‎MHLA: Court of Protection Conference - London, 30/6/17 — This is the Mental Health Lawyers Association's fourth annual Court of Protection Conference. Keynote speaker: Mr Justice Munby. S...
— This is the Mental Health Lawyers Association's fourth annual Court of Protection Conference. Keynote speaker: Mr Justice Munby. Speakers: Penny Cooper, Jake Kraft, Sophy Miles, Floyd Porte...
2017-05-09 00:03:00
Immigration detention case. ARF v SSHD [2017] EWHC 10 (QB), [2017] MHLO 17
— "In this case the Claimant claims damages for unlawful detention between 31 August 2011 and 22 January 2014 (save for a period when she was in prison on remand between 25 October 2011 and...
2017-05-09 00:02:00
Difficult Conversations: End of Life Care: Advanced Legal Issues Masterclass - London, 13/5/17
— This course covers: informed consent when a patient has capacity; the Mental Capacity Act and Human Rights Act; DOLS update; advance care planning; confidentiality and information sharing. Faci...
2017-05-09 00:01:00
Michael Savage, 'Theresa May pledges mental health revolution will reduce detentions' (Guardian, 7/5/17).
See <a href="/Mental_Health_Treatment_Bill" title="Mental Health Treatment Bill">Mental Health Treatment Bill</a>
2017-05-08 00:05:00

Keeping up to date

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Books

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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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