Revision as of 14:28, 29 January 2019 by Jonathan
If you have anything which is not yet on the internet (e.g. court results or transcripts) then please send it in (see Help page). As well as reading the website, you can keep up to date by subscribing to the CPD scheme, email updates, email discussion list, and the various other options listed at the top of each page.
Recent updates on website
For details of any news item, click on the relevant link below.
- 18/10/19(2044): Panel interview procedure clarification — The Law Society website (at the time of writing, 18/10/19) states that "there will not be an opportunity consult any reference materials during the interview itself", despite the guidance document stating that "[a]pplicants may make use of books and other reference material when preparing the case study and may take these and any notes into the interview". It would be wise to check this for yourself as conflicting answers have been given in the past. The official position in 2017 was that the website was wrong (email from Jane Sweetman, 27/2/17). The official position now is that you are allowed to use reference materials for the Case Study Q&A but not for the Professional Ethics Q&A (email from Beth Hamill, 18/10/19) and the Law Society have again undertaken to amend the guidance. See Law Society mental health accreditation scheme.
- 17/10/19(2227): Case (Withdrawal of life-sustaining treatment - transfer to Italy). Raqeeb v Barts NHS Foundation Trust  EWHC 2531 (Admin) — This judgment related to: (a) the child's (Tafida's) judicial review of the Trust's decision not to agree to transfer her to an Italian hospital; (b) the Trust's application for a specific issue order under s8 Children Act 1989, and for an inherent jurisdiction declaration, that it was in the child's best interests for life-sustaining treatment to be withdrawn. Both applications were dismissed, with the effect that one of the hospitals had to continue life-sustaining treatment and, there being no justification for interfering with Tafida's right (under Article 56 Treaty for the Functioning of the European Union) to receive treatment in another EU state, it was anticipated that the transfer would take place. The judgment provides guidance on dealing with a request by parents of an EU citizen child for transfer for medical treatment in another Member State,
- 17/10/19(2157): Case (Sentence appeal - s45A). R v Yuel  EWCA Crim 1693 — (1) The appellant accepted that the s45A hybrid order was reasonable in the circumstances. The court discussed the mental health sentencing regime (including s45A and restricted hospital orders) at paragraphs 44-47. (2) The trial judge's sentence was 11 years' imprisonment for each of six rapes and three years for breach of a Sexual Harm Prevention Order, to be served concurrently.On appeal this was increased to 14 years with a five-year extended licence period.
- 16/10/19(2211): Speakers added to Edge 2019 AMHP conference listing — Speakers include: Rhys Hadden (An introduction to Coroners court and inquests - what an AMHP needs to know); Claire Barcham (Learning from research: Managing the interface between MHA assessments and custody); Robert Lewis; Steve Gilbert; Steven Richards (DOLS - A new beginning? The Liberty Protection Safeguards). Chaired by Christine Hutchison, Director of Edge Training & Consultancy Ltd. See Edge Training: 2019 AMHP Conference - London, 6/12/19.
- 15/10/19(2048): State of Care report 2018/19. CQC, 'The state of health care and adult social care in England 2018/19' (14/10/19) — This document contains chapters on mental health care and the Deprivation of Liberty Safeguards. The headings in the summary chapter are: (1) The care given to people with a learning disability or autism is not acceptable; (2) Other types of care are under pressure; (3) More and better community care services are needed; (4) Care services and organisations must work more closely together; (5) More room and support need to be given for innovations in care.
- 08/10/19(1910): Man returns home after inherent jurisdiction case. Belfast Telegraph, 'Blind veteran tells judge he is ‘living again’ after going home' (19/3/19) — The article states that Hayden J is overseeing developments at follow-up hearings in London, and that at a hearing the previous week the council's lawyers stated that Douglas Meyers had returned home. The High Court decision is: Southend-On-Sea Borough Council v Meyers  EWHC 399 (Fam).
- 08/10/19(1841): Case (Inherent jurisdiction prevents elderly man from living with son). Southend-On-Sea Borough Council v Meyers  EWHC 399 (Fam) — "The essence of his vulnerability is, in fact, his entirely dysfunctional relationship with his son ... Mr Meyers, I am satisfied, is entirely capable of and has the capacity ... for determining where he wishes to reside and with whom. ... I instinctively recoil from intervening in the decision making of a capacitious adult ... Here Mr Meyers' life requires to be protected and I consider that, ultimately, the State has an obligation to do so. Additionally, it is important to recognise that the treatment of Mr Meyers has not merely been neglectful but abusive and corrosive of his dignity. To the extent that the Court's decision encroaches on Mr Meyers' personal autonomy it is, I believe, a justified and proportionate intervention. The preservation of a human life will always weigh heavily when evaluating issues of this kind. ... The objective here ... is that Mr Meyers be prevented from living with his son, either in the bungalow or in alternative accommodation. I do not compel him to reside in any other place or otherwise limit with whom he should live. ... The impact of the Court's intervention is to limit Mr Meyers's accommodation options but it does not deprive of his physical liberty which is the essence of the right guaranteed by Article 5. ... It is also necessary to restrict the extent of Mr Meyers's contact with his son in order to keep him safe. ... To the extent that this interferes with his Article 8 rights it is, again as I have indicated above, a necessary and proportionate intervention. ... The ideal solution here, it seems to me, would be for Mr Meyers to return to his bungalow with a suitable package of support, his son having been excluded from the property."
- 05/10/19(2116): Case (Claimant not told value of settlement). DXW v PXL  EWHC 2579 (QB) — "In the Application Notice seeking approval of the settlement, the Claimant also sought what has been called an "EXB Order" after the judgment of Foskett J in EXB v FDZ and others !. In that case, Foskett J made what was a novel form of order to the effect that it was not in the best interests of the claimant to know the amount of a settlement of his personal injuries action in circumstances where the court had also determined that the claimant lacked capacity to decide whether or not he should know the amount of the settlement."
- 25/09/19(2005): Event. Court of Protection User Group Meeting (London, 15/10/19) —See Court of Protection User Group for information about the group. Contact Tolu Somade, Business Support Officer to HHJ Hilder (tolulope.somade@Justice.gov.uk) to confirm attendance, before 30/9/19. The meeting will be held at the Court of Protection, First Avenue House, 42-49 High Holborn WC1V 6NP at 2pm.
- 18/09/19(2135): Job advert. Cale Solicitors, Greenwich - Mental Health Law Solicitor/Legal Executive (listed until 20/12/19). See Jobs
- 18/09/19(2122): Event. PELT: Advanced course for Mental Health Act Administrators (Hoylake, 11/3/20) —"This course assumes basic knowledge and experience and will examine the many demands of the job and provide some effective and legal coping mechanisms. In addition to the MHA, the Code and the Regulations, the course will analyse the relevance and implications of case law. It will also look at how the MCA and DoLs dovetail into the MHA. The course will enable a group of experienced MHAAs to get together and share both the demands of the job and some solutions." Price: £125 plus VAT (£150). See [Price: £125 plus VAT (£150). See Peter Edwards Law Training website for further details and booking information. Peter Edwards Law Training website] for further details and booking information.
- 18/09/19(2119): Event. PELT: Becoming a Mental Health Act Administrator - The basics (Hoylake, 10/3/20) —This new course is designed to equip new or less experienced MHAAs with the tools to do their job effectively. It will assume little or no knowledge of the MHA. It is designed to equip MHAAs with the necessary evidence-based skills to fulfil their statutory and non-statutory duties as MHAAs on behalf of hospital managers. Price: £125 plus VAT: See Peter Edwards Law Training website for further details and booking information.
- 16/09/19(2236): Case (Validity of will). Parsonage v Parsonage  EWHC 2362 (Ch) — " The validity of the 2011 Will is challenged by D1 on the grounds that BP lacked capacity (1) to know and understand the nature and effect of the 2011 Will, (2) to know and understand the size of her estate, and/or (3) to know and appreciate the claims to which she ought to give effect. The underlying factual basis of the challenge is the severity or extent of BP's dementia and the circumstances in which the 2011 Will was prepared and executed."
- 16/09/19(2200): Event. MHLA: 20th Annual Conference - Birmingham, 22/11/19 —Speakers: Legal Aid Agency; Sir Simon Wessely ('The MHA Review'); Natalya O’Prey ('Secretary of State - improving the Restricted Patient system'); Sarah Johnston DCP ('HMCTS Update'); Dr Harinder Bains; Tam Gill & Laura Janes ('Case law and practice update'). Chaired by Kate Tyrrell. Price: £230 (non-member), £160 (member), £145 (groups of three or more members). See MHLA website for further information and booking details.
- 16/09/19(2152): Event. RAB: AMHP Refresher and Re-approval course - London, 25/11/19 to 27/11/19 —This 3-day course is based near London Bridge station at the London Boroughs' training venue. It prepares AMHPs for re-approval as well as providing 18 hours' training to meet the annual regulations requirement. Speakers: Rob Brown and Christine Hutchison. Cost £400 + VAT. Contact Rob Brown on email@example.com for further details and booking information.
- 10/09/19(1202): Event. MHLA: Panel course - London, 28/10/19 and 29/10/19 —The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). See MHLA website for further details and to book online.
- 10/09/19(1159): Event. MHLA: Advocacy, Risk and Cross-examination Masterclass - Leicester, 14/10/19 —No results
- 10/09/19(1155): Event. MHLA: Refresher and reaccreditation - Leeds, 2/10/19 —This course will be suitable for those seeking re-accreditation, by: (a) reviewing the legal and procedural developments of the last three years; (b) providing a forum for discussing these along with the re-accreditation process; (c) fulfilling the requirement to obtain six mental health CPD points for re-accreditation. Price: £150 (£195 for non-members). See MHLA website for for further details and booking information.
- 05/09/19(2139): Event. Manchester University/AMHPA: Taking Stock conference - Manchester, 15/11/19 —Taking Stock is an annual national conference jointly promoted by the Approved Mental Health Professionals Association (North West England and North Wales) and the University of Manchester (the Applied Mental Health programme and the School of Law). Speakers: Neil Allen (keynote presentation); Prof Barbara Taylor (The Last Asylum: memories of late 20th century mental health care); Prof Nav Kapur (Risk, recession, mental health services and suicide); Mark Trewin (Update on the work of the Office of the Chief Social Worker); Jake Mills (Compere and update on the Hub of Hope and Chasing the Stigma campaign). Price: £100. For further details and booking information, see the Eventbrite web page.