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Mental Health Law Online

The internet resource on mental health law, and mental capacity law, for England & Wales. From April 2006 to September 2010 this website was called Wiki Mental Health. You can read a review of the site here.

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  • 21/09/17 (2): IJMHCL third edition. [2017] IJMHCL pages 1-83. The articles in this edition are: (1) Editorial (Darius Whelan, Emma Cave); (2) Severe and Enduring Anorexia Nervosa in the Court of Protection in England and Wales (Emma Cave, Jacinta OA Tan); (3) Analysing the Definition of Disability in the UN Convention on the Rights of Persons with Disabilities: is it really based on a 'Social Model' approach? (Katerina Kazou); (4) Negotiating Relationality: Mental Capacity as Narrative Congruence (David Gibson); (5) Some Continental European Perspectives on Safeguards in the Case of Deprivation of Liberty in Health and Social Care Settings (Walter Boente). See International Journal of Mental Health and Capacity Law
  • 21/09/17 (1): IJMHCL second edition. [2016] IJMHCL pages 71-143. In the archives, the first and second editions are both called "No 22 (2016)". The articles in this edition are: (1) Editorial (Daniel W. Liang Wang, Alex Ruck Keene, Ruth Fletcher, Catherine Penny, Richard Ashcroft); (2) Disability, Deprivation of Liberty and Human Rights Norms: Reconciling European and International Approaches (Eilionóir Flynn); (3) DoLS or Quality Care? (Gordon Rayment Ashton); (4) Capacity Assessment and Information Provision for Voluntary Psychiatric Patients: a service evaluation in a UK NHS Trust (Benjamin Ian Perry, Swaran Preet Singh, David Hedley White); (4) Deprivation of Liberty: the position in Scotland (Laura Jean Dunlop). See International Journal of Mental Health and Capacity Law
  • 20/09/17 (6): After-care case. R (CXF) v Central Bedfordshire Council [2017] EWHC 2311 (Admin), [2017] MHLO 30 — "The central question raised in these proceedings is whether either or both of the Defendants has a duty under s117 of the MHA to cover the costs of the Claimant's mother's visits, on the ground that they constitute "after-care services" within the meaning of that provision. ... The specific issues that arise are as follows: (a) Whether the duty to provide after-care services under s117 is triggered when the Claimant is granted leave of absence from the Hospital under s17 of the MHA for an escorted bus trip. This issue turns on the question whether, when granted such leave of absence, the Claimant satisfies the two pre-conditions set out in s. 117(1), namely, (i) that he has "ceased to be detained" under s3 of the MHA, and (ii) that he has "left hospital"; (b) If so, whether the after-care services which are to be provided pursuant to s117(6) of the MHA may as a matter of principle include funding to cover the Claimant's mother's transport costs; (c) If so, whether on the facts of this case there is a duty to provide the funding sought as an after-care service under s117; (d) If so, whether the duty to provide the services falls on the First and Second Defendants jointly, or in fact falls on the First Defendant jointly with Bedfordshire Clinical Commissioning Group, which was originally joined as a Defendant to these proceedings, but against which proceedings were discontinued in March 2017."

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