200 Mental Health Law Online

Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
Foreword | Review | Amazon | Law Society bookshop | 20% discount

Email updates | Email discussion list | Twitter
CPD scheme (12 points for £60)

Main Page

From Mental Health Law Online

Revision as of 20:42, 21 November 2012 by Jonathan (Talk | contribs)
Jump to: navigation, search

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 1527 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 items below, see the Updates page:

  • 28/07/14 (4): Sentencing case. AG's ref (no 34 of 2014) sub nom R v Jenkin (2014) EWCA Crim 1394, (2014) MHLO 56 — Criminal sentencing case with mental health background (a s45 hybrid order had been given in conjunction with life sentences). The Court of Appeal clarified that if a sentencing court "chooses to work with the currency of minimum terms, as it generally will do in homicide cases involving mandatory or discretionary life sentences, it does not need to have regard to the early release provisions". In this case, the judge should not have halved the 12-year minimum term to 6 years. A minimum term of 13 years 4 months was substituted.

  • 28/07/14 (3): EPA case. Re AB (Revocation of Enduring Power of Attorney) (2014) EWCOP 12, (2014) MHLO 55 — "This is an application for the court to revoke an Enduring Power of Attorney ('EPA') on the ground that, having regard to all the circumstances, the attorneys are unsuitable to be the donor's attorneys. ... MD and WD have breached their fiduciary duties in several ways and in the circumstances I am satisfied that they are unsuitable to be AB's attorneys, and I shall revoke the EPA. As far as the choice of deputy is concerned, the appointment of an independent professional deputy or panel deputy would be disproportionate. What is left of AB's estate would rapidly be eroded by the professional deputies' costs. I agree with Miss Cooper that Brent Council is best placed to act as deputy, as AB is in a residential care home and the Council is already funding the lion's share of her care fees."

  • 28/07/14 (2): Medical case. X County Council v M (2014) EWHC 2262 (Fam), (2014) MHLO 54 — "On 16 May 2014 I heard two applications by the Applicant local authority, namely: (i) an application under the inherent jurisdiction of the High Court for permission not to disclose to the First Respondent, M, the care plan for her unborn child namely to remove the child at birth; and (ii) a reporting restrictions order to prohibit a publication of the above application, the hearing of the same and the order made by the court. I granted those applications at a hearing on 20 May at which further evidence in support of the applications had been filed. I reserved judgment."

  • 28/07/14 (1): Welfare case. LB Redbridge v G (No 4) (2014) EWCOP 17, (2014) MHLO 53 — Final judgment in this long-running welfare case.

  • 25/07/14 (1): MHLA panel courses. The Mental Health Lawyers Association will be running their successful two-day course for membership of the Law Society's Mental Health Accreditation Scheme (formerly the MHRT panel) in Leeds on Monday 13/8/14 and Tuesday 14/8/14. The course will also be held in London on Tuesday 26/8/17 and Wednesday 27/8/14. Price: £300 (members); £390 (non-members); £250 (for third and subsequent members in a group). CPD: 12 SRA-accredited hours. See MHLA website for further details. See Events

Keeping up to date

Keep up to date via any of the following means:

  • 27/07/14: @vizcomic: t.co/8vNQIilTiq
  • 23/07/14: @TheSmallPlaces: The @Law_Commission have announced their work on DoLS and supported living t.co/Vo4mTErjpy
  • 23/07/14: @CWCoP: Post #HoLMCA- Law Commission to look at #DOLS, but strangely only in placements other than care home & hospitals...??t.co/tHLz5Ltnhe
  • 23/07/14: @TheSmallPlaces: Jackson J authorises hysterectomy with 'necessary restraint' on woman detained under MHA t.co/pcgVJB7huc
  • 23/07/14: @Capacitylaw: A true tangle – capacity, influence and the inherent jurisdiction t.co/u2ktOaHEkN
  • 22/07/14: @MentalHealthCop: My two part BLOG on "The Code of Practice Revision - Part 1 - t.co/dMUayiXKAY Part 2 - t.co/dMUayiXKAY
  • 22/07/14: @TheSmallPlaces: Another good post on Re PB, this one from @suesspiciousmin t.co/oU5tUsabe1
  • 22/07/14: @suziefranklin2: @SteveBroach Any advice about DOLS & decision making for supported living services & how to approach reviews that are coming up? Thanks
  • 22/07/14: @TheSmallPlaces: @SteveBroach @suziefranklin2 @IMPublicLaw @CWCoP Munby will be publishing a judgment v soon setting out what LA's and providers need to do..
  • 19/07/14: @bracknellnews: Latest: UPDATE: Trust apologises after three hour fault with Broadmoor siren in the early hours of this morning t.co/o2qZ56AiDC
  • 17/07/14: @TheSmallPlaces: Cracking blog post by @CelticKnotTweet about very concerning developments in the inherent jurisdiction t.co/QTrZls81uX
  • 16/07/14: @CWCoP: Mrs Justice Parker gives some case management guidance for #CourtofProtection practitioners: t.co/pkqSLqH09a
  • 16/07/14: @IamIanHitchings: #Solicitors Regulation Authority withdraws endorsement of #Law Society’s #sharia guidance. t.co/HV1Ry5fe6n
  • 16/07/14: @legalaidhbk: Our post on yesterday's residence test JR result t.co/cesdpvvqjm. MoJ have announced intention to appeal t.co/cesdpvvqjm.
  • 16/07/14: @BarbaraRich_law: Court of Protection revokes LPA, SJ Lush condemns "utter fecklessness" of attorney and "implausibility of his story" t.co/ffCxH8Gtrh
  • 16/07/14: @TheSmallPlaces: Judgment out in DD - the forced contraception case t.co/AKEixajEiM cc @Sectioned_
  • 16/07/14: @GdnLaw: Murderer not entitled to remain anonymous while seeking rehabilitation: t.co/j7Gaek2gZg
  • 16/07/14: @mmpolista: Compulsory contraception #COP Cobb J's decision with Serjeants Inn acting for the OS t.co/bin6QpoTk0 via @MetroUK
  • 13/07/14: @hundredfamilies: Grandfather takes legal action against MH trust after grandson tried to kill him t.co/racKhCBzML #mhuk
  • 11/07/14: @bbchealth: Shortage in child mental health beds t.co/TH7V1mcrU9
  • 09/07/14: @inner_temple: Judge allows police to break down woman’s door for enforced caesarean – Daily Telegraph t.co/Fvn2SE6aot
  • 09/07/14: @inner_temple: Parents of severely ill toddler threatening ‘legal action to keep her alive’ – Daily… t.co/B6p3YTDlvT
  • 08/07/14: @MHCodeDH: @DHgovuk Consultation on Mental Health Act Code of Practice NOW LIVE: t.co/phmInQPfxY news story here: t.co/phmInQPfxY
  • 06/07/14: @nearlylegal: Haringey have big questions to answer. Breach of order & getting judgment taken off bailii t.co/5JtcOG5w4U & t.co/5JtcOG5w4U
  • 04/07/14: @TheSmallPlaces: Yet another capacity and childbearing case. Hoping we'll see some interesting feminist commentary on these soon t.co/xC9DB4NcrX
  • 04/07/14: @TheSmallPlaces: Just saw that IM v LM refused permission to appeal on basis that it's not a suitable case to consider this important point of law.
  • 03/07/14: @legalcheek: ‘Right to be forgotten’ ruling sees article about ‘foul-mouthed’ ex-Law Society president removed from Google t.co/XQtSBPjwMS
  • 02/07/14: @Capacitylaw: July Mental Capacity Law Newsletters now out t.co/cfR8jMWVPq
  • 02/07/14: @CWCoP: A Medical Treatment #CourtofProtection judgment in respect of #bestinterests; t.co/DMz0FMv9rv - more to follow from Cobb J(para 2)??
  • 02/07/14: @CWCoP: #CourtofProtection has power to authorise adult to be #deprived of #liberty in premises which are a children's home t.co/KeZbP5wics
  • 01/07/14: @vizcomic: A tricky little brain-teaser for you. t.co/YplLgq3OC5
  • 01/07/14: @vizcomic: t.co/HFC3mjoVfd
  • 01/07/14: @legalaidhbk: LAA release draft guidance on the #legalaid residence test t.co/zej7css4Ss Link added to our Resources page t.co/zej7css4Ss
  • 01/07/14: @hundredfamilies: Broadmoor records are disorderly, in poor condition and incomplete says Saville Inq. p 9&10 t.co/s0tLbJTem4 Reassured? #mhuk
  • 01/07/14: @CWCoP: #bestinterests judgment of Mr Justice Cobb re application not to resuscitate in #CourtofProtection t.co/MGxMovqVIY
  • 26/06/14: @TheSmallPlaces: The latest Mind legal e-newsletter gives their response to the govt response to the House of Lords report on the MCA t.co/JknihqiUzc
  • 24/06/14: @MHWitchfinder: @TheSmallPlaces Follow up on your article re MKC v RR asking the crucial question - what has changed? t.co/G015oe1Af9 Please retweet.
  • 24/06/14: @legalhackette: High court rules vulnerable defendants deserve equal protection: t.co/zc3glzK5Ku
  • 24/06/14: @legalaidhbk: MoJ publishes annual legal aid statistics t.co/4urX2FztoC
  • 24/06/14: @legalaidhbk: Our Resources page - 150 crucial #legalaid links all in one place inc all the new regulations, contracts and guidance t.co/dBYIXzkFJX
  • 23/06/14: @TheSmallPlaces: An overview of the new Care Act 2014, by Luke Clements t.co/TLAVe7zpDu
  • 20/06/14: @vizcomic: t.co/h4BH7tcso4
  • 20/06/14: @CommunityCare: Supreme Court ruling triggers sharp rise in deprivation of liberty notifications to CQC t.co/PuTKCeYS59 #socialwork
  • 19/06/14: @legalaidhbk: 2014 mental health and community care contracts verification deadline 4th July t.co/f4YyYXCti8
  • 19/06/14: @MentalHealthCop: New @EHRC inquiry into non-natural deaths of people with mental health conditions in state detention - t.co/XpLjYhQ71w
  • 19/06/14: @familylaw: The Press Association v Newcastle Upon Tyne Hospitals Foundation Trust [2014] EWCOP 6 (17 June 2014... t.co/Un3h8Trnpd #familylaw
  • 19/06/14: @vizcomic: t.co/aPmlGicGWs
  • 18/06/14: @DrBridgetDolan: DNA CPR case in Court of Appeal. Patients have an Art 8 right to be both notified and consulted. t.co/IiUJnuiC25
  • 18/06/14: @CWCoP: We have previously blogged on #capacity to #marry and consent the #sexualrelations: true life story in @guardian tomo t.co/cE3Gv2robF
  • 14/06/14: @DrBridgetDolan: Court and councils face surge in denial of liberty cases | News | Law Society Gazette t.co/sqDZlNBVMx
  • 14/06/14: @IWasForReal: An FOI request to a London MH trust re Bed Managers refusing hosp admission unless pt sectioned https://t.co/RYVJhwf6Ho
  • 12/06/14: @paulebowen: "A gilded cage is still a cage"; my paper on #DoLS after Cheshire West for today's Law Soc conference https://t.co/di9fmIbNPr
  • 12/06/14: @MaskedAMHP: The Masked AMHP's latest blog post on TW v Enfield and the meaning of "reasonably practicable" when consulting NR: t.co/glfgWdWlGc
  • 12/06/14: @UKSupremeCourt: Determinations of apps for permission to appeal to UKSC considered during May published t.co/ljd3UZzhlf
  • 12/06/14: @CommunityCare: Man ‘left in squalor’ after errors assessing his mental capacity, ombudsman finds t.co/dd3xCroyn0 #socialwork
  • 12/06/14: @CrimeLineLaw: Law Society Summer Party (National Portrait Gallery) will cost its members approx £25,000
  • 12/06/14: @CrimeLineLaw: It costs £40,000 per week to produce copies of the Law Society Gazette for circulation
  • 12/06/14: @Mental_Elf: Don't miss: DH publish new guidance on reducing the need for restrictive interventions t.co/L15JIISTBC
  • 12/06/14: @Ermintrude2: "Supreme Court to hear landmark case on 'ordinary residence' in community care" t.co/BPEZDzkqSP
  • 11/06/14: @Ermintrude2: Mental health deaths inquiry launched t.co/AzOLDuD7x7
  • 11/06/14: @Ermintrude2: Sex in Assisted Living: Intimacy Without Privacy t.co/qFXeotWI59 via @nytimes
  • 11/06/14: @Ermintrude2: Hospital patients wait a month to be discharged due to lack of residential care, charity claims - via @Telegraph t.co/HH7bjJ7OVw
  • 11/06/14: @familylaw: New case: G (Adult), Re [2014] EWCOP 5 (10 June 2014) t.co/iFyXmpxxvR #familylaw
  • 11/06/14: @CrimeLineLaw: Wilful neglect or ill-treatment in health and social care - t.co/5j5M8Iuiwx
  • 11/06/14: @themiltonjones: My passport delayed! Turns out a 'passport photo' is not a photo of a passport.
  • 10/06/14: @rcpsych: The Bradley Report 5 years on- new report on progress and future priorities for mental health and criminal justice t.co/PlKyo5b8oV
  • 10/06/14: @CommunityCare: Government rejects call to scrap Deprivation of Liberty Safeguards t.co/DC4p5ApvkI #socialwork
  • 10/06/14: @MentalHealthCop: The UK Government response to the @UKHouseofLords review of the Mental Capacity Act 2005 - https://t.co/M1OFyZG1t2
  • 10/06/14: @MentalHealthCop: Inquiry launched by @EHRC into non-natural deaths of people with mental health conditions in state detention - t.co/ZrGo9kj5Oa
  • 10/06/14: @CommunityCare: Government wants all qualified social workers ‘trained in Mental Capacity Act’ t.co/huQKuMEzHI #socialwork
  • 06/06/14: @vizcomic: t.co/qCYOC5p4Ke
  • 06/06/14: @Switalskis: Thousands of disabled people lose their liberty because of red tape t.co/DZewCjEi2N
  • 06/06/14: @clairefinn54: A WAR veteran who disappeared from care home after being told he couldn't go to Normandy has been found, in Normandy. t.co/luu7sU4kM7
  • 06/06/14: @MentalHealthCop: Psychiatric 'RAID' teams improve patient care and save hospitals millions, first run by @BSMHfT - t.co/RGIXYP82Dh
  • 06/06/14: @CommunityCare: Councils expect upwards of 80,000 extra DoLs referrals in light of landmark ruling at extra cost of £45m+ t.co/LPUAo3eeBn
  • 05/06/14: @mithransamuel: Ahead of tomorrow's draft regulations and guidance on the Care Act 2014 check out our full coverage on the bill etc t.co/SMSKHtLCaS
  • 04/06/14: @vizcomic: t.co/BFBvjPeKxk
  • 04/06/14: @familylaw: The Public Guardian v JW [2014] EWFC B67 (OJ) (03 June 2014): Application by the Public Guardian to... t.co/NOCsUXhF0u #familylaw
  • 04/06/14: @familylaw: A Local Authority v B & Ors [2014] EWCOP B21 (07 April 2014): Application by local authority for an... t.co/Dz6DIaZyzU #familylaw
  • 04/06/14: @familylaw: Derbyshire County Council v Danby [2014] EWCOP B22 (15 April 2014): Contempt proceedings concerning... t.co/jS6DknbpQ3 #familylaw
  • 04/06/14: @chrishattoncedr: I'm still mulling it over, but can I urge you to read Lucy Series' superb response to my Winterbourne View post? t.co/mvDBK5m01n
  • 04/06/14: @CWCoP: Alex's summary of June edition of the @39essexstreet newsletter t.co/c1otI4B3Gy #mentalcapacity
  • 04/06/14: @Jess_S_Flanagan: This is a very good and helpful summary of where we are on #DOLS in the run up to the hearing next week. t.co/ghZmDW39yd
  • 02/06/14: @familylaw: New article: Not (necessarily) a political broadcast on behalf of UKIP t.co/qSuwD6udfR #familylaw
  • 02/06/14: @MentalHealthCop: Starting now on BBC1 - @BBCPanorama documentary covering the issue of Jimmy SAVILLE's access to Broadmoor hospital.
  • 02/06/14: @SteveBroach: Thoughts on McDonald v UK - qualified step forward for right to dignity in social care #disability #humanrights t.co/nl7YKo7Zld
  • 02/06/14: @MentalHealthCop: Patients sectioned 'because of pressure on beds' - t.co/T1YmcHPARI << Raises interesting legal questions, depending on the specifics!
  • 02/06/14: @CommunityCare: ‘Critically unwell’ mental health patients sent home due to bed shortages t.co/0rIYaQdKJe #socialwork
  • 25/05/14: @CrimeLineLaw: 'We are recreating Bedlam': the crisis in prison mental health services t.co/iNV6o6hJv5
  • 25/05/14: @MentalHealthCop: Here is an absolute stack of 'stuff' from @NHSEngland to keep you busy about Clinical Commissioning Groups - t.co/ysbA9uwyZy
  • 25/05/14: @CWCoP: Baker J 'overrules' teenage girl's wish to die. Cant find a link, but he said her wishes were "important", they were not "decisive".
  • 25/05/14: @inner_temple: Court of Appeal confirms principle on responsibility for s. 117 after-care funding – Local… t.co/1EqV0LDoMK
  • 25/05/14: @inner_temple: Care Act 2014 t.co/xUvWLVR7qL
  • 25/05/14: @vizcomic: t.co/J6sKf56NYd
  • 25/05/14: @MentalHealthCop: This piece by a mental health nurse is just heart-breaking - t.co/6DIQ7zgOyH
  • 23/05/14: @NewLawJournal: A gilded cage is still a cage: Ian Wise QC & Martha Spurrier of @DoughtyStPublic defend the Cheshire West decision t.co/jhEhpvBEvM
  • 23/05/14: @SteveBroach: Here is @JonHolb critique of Cheshire West to which @DoughtyStPublic colleagues responded in latest @NewLawJournal t.co/hNRuxp3CNr
  • 21/05/14: @BarbaraRich_law: Contested deputyship, Court suggests unsuccessful applicant's time better spent in prayer than managing P's finances t.co/uq8acKx9WD
  • 21/05/14: @CWCoP: The 2nd Edition of the #CourtofProtection and #Health & #SocialCare Law briefing is now out! t.co/AAMVXVW3Bm
  • 21/05/14: @AdamWagner1: Here is the full judgment in Macdonald v UK - funding for disabled women’s night time care breached human rights t.co/Yoh53iqGhD
  • 21/05/14: @MaskedAMHP: The Masked AMHP's latest blog post -- on a very recent, and very peculiar, Court of Protection Judgment: t.co/U1HxrbzCTJ
  • 21/05/14: @CWCoP: Supervisory Bodies : Your assistance is required! #DOLS #CheshireWest @39essexstreet t.co/odSPw9TP08
  • 21/05/14: @familylaw: North Somerset Council v LW & Ors [2014] EWCOP 3 (21 May 2014): Application by NHS Trust relating t... t.co/HqqKNV2fZM #familylaw
  • 21/05/14: @familylaw: An NHS Foundation Hospital v P [2014] EWHC 1650 (Fam) (20 May 2014): Application by a hospital foun... t.co/lqZTf5jSq1 #familylaw
  • 21/05/14: @TLSFSJ: Court of Appeal has decided LSC was wrong to refuse to pay in full for an expert witness report order for a child by the family court.
  • 18/05/14: @MaskedAMHP: The Masked AMHP's latest post, on surprising timescales to arrange compulsory admission under the MHA: t.co/QJ60mfHwTn
  • 18/05/14: @Ermintrude2: The Masked AMHP: What’s the Rush? t.co/xNndk7MzaQ
  • 17/05/14: @MarkNeary1: Judgement by District Judge Mort. Totally brilliant commentary by @TheSmallPlaces - t.co/XB0efHqX75
  • 16/05/14: @CWCoP: #CourtofProtection case ' re ML' contains an unreserved apology for inpatient care from Northants NHS Trust. Para 37 t.co/ItYHBTSFyC
  • 16/05/14: @CWCoP: In Re ML pleased to see an early application to the #CourtofProtection being made. Sadly, then this comes along: t.co/Ks6syaM6js
  • 15/05/14: @vizcomic: Legal Services Solutions. t.co/pEoPcWQqNi
  • 15/05/14: @emilydugan: Court of Protection judge to decide if doctors should stop feeding a brain damaged man with "zero" quality of life t.co/tPRw7n2LcU
  • 15/05/14: @LegalActionGrp: Care Act 2014 becomes law, heralding overhaul of adult care law and practice t.co/RDizoLGab8
  • 15/05/14: @BarbaraRich_law: Hope campaigners for transparency in Court of Protection will welcome & publicise "spectacular" abuse of trust jmt in t.co/acRQrRfbOw
  • 05/05/14: @simonburrows23: Talks on Cheshire West coming up…. t.co/IVKdaCXMr9
  • 04/05/14: @MentalHealthCop: Positive and Proactive Care: new guidelines to care staff on restraint / restriction - https://t.co/YRsVZ6T02u
  • 02/05/14: @Ermintrude2: High Court judge upholds ban on 94-year-old dementia sufferer talking to journalists t.co/dLiIJBhtWA
  • 15/04/14: @CommunityCare: Providers should make many more applications for deprivation of liberty, says CQC t.co/WtN1uRgRAz #socialcare #socialwork
  • 15/04/14: @JudiciaryUK: High Court judgment: In the matter of P (A Child) (Italian mother - 'caesarean' adoption case) t.co/fNBuSSeSiJ
  • 15/04/14: @familylaw: Baby adopted in Alessandra Pacchieri forced caesarean case t.co/oa3z1kfnZm #familylaw
  • 12/04/14: @CQCProf: Read our briefing for providers: How to judge whether a person might be deprived of their liberty -t.co/Wk87RMp3o3 #cqc
ID of last tweet was:455052258183770113
The Small Places: recent posts
Bailii: recent COP cases
Google: MH News