Updates - Mental Health Law Online (Wikimentalhealth)

Revision as of 17:46, 7 June 2012 by Jonathan (Talk | contribs)

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07/06/12 (1): The May 2012 CPD questionnaire is now online. Obtain 12 accredited CPD points for £60. See CPD scheme

29/05/12 (1): David Hewitt, 'Deprivation of liberty can never be "normal"' (Solicitors Journal, 21/5/12). Another article critical of the Court of Appeal's decision in Cheshire West. See Cheshire West and Chester Council v P (2011) EWCA Civ 1257

21/05/12 (1): New book published. The book is written as a guide for criminal lawyers representing those with mental disorder in the criminal justice system, but should be of interest to mental health lawyers also: Kris Gledhill, Defending Mentally Disordered Persons (LAG, 2012)

20/05/12 (1): Upper Tribunal case. DC v Nottinghamshire Healthcare NHS Trust (2012) UKUT 92 (AAC), (2012) MHLO 53 — (1) The tribunal cannot grant a deferred conditional discharge until (a) it has found, on the balance of probabilities, that the patient should not be detained but should be subject to recall, and (b) it has drafted the conditions for the discharge. (2) A deferred conditional discharge is not a device for gathering information on whether a conditional discharge would be possible or what conditions might be appropriate. (3) On the facts (where the tribunal had decided that 'with the exception of the availability of suitable after-care for the Patient, none of the criteria for his detention in hospital for treatment are met' but had not drafted conditions) the decision to adjourn was correct.

16/05/12 (2): Form CTO12 section 64C(4A) - certificate that community patient has capacity to consent (or if under 16 is competent to consent) to treatment and has done so (Part 4A consent certificate). See Mental Health Act 1983 Statutory Forms

16/05/12 (1): CQC, 'Changes to consent to treatment for patients subject to a CTO' (May 2012). This page explains the change to the regulations. See CQC

10/05/12 (2): Scott Blair, 'A Summary of Mental Health Caselaw' (21/3/12). Plagiarism is the copying of someone else's words or ideas without attribution, intentionally or otherwise. In any place where you reproduce anything from this website, please remember to acknowledge the source and provide a link back to the relevant page. Scott Blair, a Scottish Advocate, immigration judge, MHT for Scotland legal convener, and Glasgow University external examiner, spoke on a paper entitled 'A Summary of Mental Health Caselaw' at a seminar on 21/3/12. In three parts it deals with cases from Scotland, England & Wales, and the ECtHR: all 20 case summaries in the second part, and eight in the third part, incorporate case summaries copied from Mental Health Law Online without any attribution (see pages 55-60, 62, 65-66, 69, 105-109, and 111). The document ends '© Scott Blair, Advocate' but there is no legal entitlement to claim copyright for material copied from Mental Health Law Online. See Scotland

10/05/12 (1): Valerie Mays, 'Mental Health Tribunal for Scotland: Case Digest' (December 2011). See Scotland