January 2020 update
This page is automatically generated: it will only be complete at the end of the month. All monthly updates are available here: Archive of monthly updates.
Website
- Magic Book. The Magic Book is a database of contact details. The main idea is to add the hospitals and other places you visit (not just your own place of work). To create/edit contacts, there is no need to log in and the process is very quick and simple. See Magic Book
- Mental Health Law Online CPD scheme: 12 points for £60. Obtain 12 CPD points online by answering monthly questionnaires. The scheme is an ideal way to obtain your necessary hours, or to evidence your continued competence. It also helps to support the continued development of this website, and your subscriptions (and re-subscriptions) are appreciated. For full details and to subscribe, see CPD scheme.
- Cases. By the end of this month, Mental Health Law Online contained 2001 categorised cases
- Chronology. See January 2020 chronology for this month's changes to the website in date order.
Cases
- Case (Contingent/anticipatory declarations - MCA/inherent jurisdiction - Caesarean section). Guy's and St Thomas' NHS Foundation Trust v R [2020] EWCOP 4 — R had capacity to make decisions as to her ante-natal and obstetric care but there was a risk that she would lose capacity during labour and refuse a Caesarean section. (1) MCA 2005 s16 (Powers to make decisions and appoint deputies: general) applies only to those who currently lack capacity. (2) MCA 2005 s15 (Power to make declarations) is not so limited and so can authorise contingent declarations. (3) Deprivation of liberty cannot be authorised by s15 but the inherent jurisdiction may be utilised to fill that lacuna which would otherwise render the s15 power nugatory.
Jobs
- Job advert. Stephensons Solicitors, Wigan - COP and Community Care Solicitor (listed until 20/3/20). See Jobs
Social media
Case (Contingent/anticipatory declarations - MCA/inherent jurisdiction - Caesarean section). Guy's and St Thomas' NHS Foundation Trust v R [2020] EWCOP 4
— "All the treating clinicians agreed: R had capacity to make decisions as to her ante-natal and o… https://t.co/2cDEcRgYFX— Mental Health Law (@MHLonline) January 30, 2020
Court of Protection: Guys And St Thomas NHS Foundation Trust (GSTT) & Anor v R [2020] EWCOP 4 (29 January 2020) https://t.co/fhsLJBZ5Tn
— Mental Health Law (@MHLonline) January 29, 2020
New study shows mentally ill are 3-4 times more likely to be perpetrators of violence and victims of violence. https://t.co/BUPNcneuuY
— DJ Jaffe/Mental Illness Policy Org. (@MentalIllPolicy) January 27, 2020
“Elderly abuse suspect could be allowed to starve himself to death, judge says” https://t.co/cBBTzdB4Ox
— Mental Health Law (@MHLonline) January 27, 2020
Who puts the CQC into special measures? What would that look like?
— Chris Hatton (@chrishattoncedr) January 22, 2020
Though in some cases the theme of public protection is similar - not a lawyer but does the law make provision for infectious disease separate from public protection? What are the legal principles involved and do they differentiate?
— hundredfamilies (@hundredfamilies) January 24, 2020
I’ve not looked at it recently but this might be part of the answer: Public Health (Control of Disease) Act 1984 https://t.co/ZGnyHXEvhv
— Mental Health Law (@MHLonline) January 24, 2020
Eye-opening talk by a medicolegal defence lawyer in governance day yesterday... He thinks the consent process is essentially useless if it is performed on the day of surgery once patient has already made arrangements and come to hospital. He thinks we all do it all wrong.
— Harry ????? (@AnaesthesiaABC) January 23, 2020
Section 136(1A) requires you to ask yourself “is this a house, a flat or a room where that person or any other person is living?”
‘Living’ is key - more than simply ‘staying’, I would submit.
‘House, flat and room’ are ordinary words - what do they mean in normal terms?
2/2— Michael Brown OBE (@MentalHealthCop) January 24, 2020
This is the 2018 Home Office guidance on the current wording of section 136 MHA.
If you want to know the official line on where s136 can be used, this is as good as it gets (it’s limited) and you are then left with the question in s136(1A) -
1/ https://t.co/6bld778n9V— Michael Brown OBE (@MentalHealthCop) January 24, 2020
Two new documents (2019) from @CPSuk on prosecution decisions where someone in the case is affected by a mental health condition —
Victims / Witnesses - https://t.co/ymxGaul9Lj
Suspects / defendants - https://t.co/LXgPnjyoVW— Michael Brown OBE (@MentalHealthCop) January 23, 2020
“Whorlton Hall abuse: Care watchdog wrong not to publish critical 2015 report” https://t.co/RZnxcQ3phk
— Mental Health Law (@MHLonline) January 22, 2020
Court of Protection: QJ v A Local Authority [2020] EWCOP 3 (21 January 2020) https://t.co/C0Y3rJQEG6
— Mental Health Law (@MHLonline) January 22, 2020
Raises awkward questions about the @CareQualityComm tbh.
— Dr 'Dr' Sara Ryan (@sarasiobhan) January 21, 2020
Raises awkward questions about role of 'experts by experience' (2 of 3 individuals said by @thetimes to have been found responsible, 3rd was 'specialist adviser')
— David Brindle (@DavidJ_Brindle) January 21, 2020
The CQC has been compelled to retract almost 40 inspection reports into care and nursing homes in London after finding that there was "duplicate material" in 78 reports, with identical quotations from patients or sections of evidence pasted into reports on different institutions.
— Dr Phil Hammond (@drphilhammond) January 21, 2020
It’s immediate care OR control - so it could be used on someone who is ‘calm’, as long as that context fit that definition.
Has been used where someone appears acutely depressed / withdrawn and is merely a risk to themselves, for example by neglect.— Michael Brown OBE (@MentalHealthCop) January 22, 2020
Do you have to be in need of immediate care and control at the actual point that s136 is invoked or could it apply to an earlier incident where person is now calm and safe? @MentalHealthCop #policepowers #mentalhealth
— MentalHealthPatient (@health_patient) January 21, 2020
Job advert. Stephensons Solicitors, Wigan - COP and Community Care Solicitor (listed until 20/3/20). See Jobs https://t.co/ZmXa3oTjr2
— Mental Health Law (@MHLonline) January 21, 2020
Court of Protection: D (A young man), Re [2020] EWCOP 1 (20 January 2020) https://t.co/cz8nHmOtxU
— Mental Health Law (@MHLonline) January 21, 2020
Court of Protection: Serious Medical Treatment, Guidance [2020] EWCOP 2 (17 January 2020) https://t.co/PE4X9NaBAN
— Mental Health Law (@MHLonline) January 20, 2020
Red flag laws for mentally ill should trigger treatment not just gun removal. My oped. https://t.co/jNC2Mc44Is #VirginiaRally #Virginia2ARally
— DJ Jaffe/Mental Illness Policy Org. (@MentalIllPolicy) January 20, 2020
Transgender children: limits on consent to permanent interventions. By Heather Brunskell-Evans posted in collaboration with @BMJ_SRH #bioethics #consent #gender https://t.co/yjSrRi76i3
— J. of Medical Ethics (@JME_BMJ) January 17, 2020
My review of Susannah Cahalan's new book on the Rosenhan study ('Being Sane in Insane Places') is just out in @TheLancetPsychhttps://t.co/eVXS34Xc9g
— Vaughan Bell (@vaughanbell) January 17, 2020
Cross-Border cases and the inherent jurisdiction (via Passle) by @sophymiles1 https://t.co/4GQB2zowFx #civil #FridaynightreadingforCOPnerds
— Sophy Miles (@sophymiles1) January 17, 2020
“When to disapply subordinate legislation” - Law Society Gazette https://t.co/GEKAy5uZnm
— Mental Health Law (@MHLonline) January 20, 2020
NEW BLOG - “Hotel Rooms and s136” https://t.co/C0GRzrJjtu
— Michael Brown OBE (@MentalHealthCop) January 17, 2020
Hardly a ‘tragic accident’. Dementia patient’s family feel let down over death https://t.co/MQORMAu5Y5
— hundredfamilies (@hundredfamilies) January 20, 2020
4 weeks ago Beth was kept locked in a seclusion cell
The Priory wanted her to go to Rampton. They said she needed High Secure Care.
Look at today..A family walk by a local river
How many more people are locked away just because a blinkered clinician cannot see the right way? pic.twitter.com/0ECDwkFiBK— Bethany's dad (@JeremyH09406697) January 19, 2020
From Canada - Judge makes interesting finding-
"A Nova Scotia judge says a mentally ill man who killed his wife is entitled to the proceeds of her life insurance policy because he was found not criminally responsible for her death."https://t.co/eHSF8UnCqG— hundredfamilies (@hundredfamilies) January 19, 2020
Amy, 14, died at Priory Hospital Ticehurst House in 2012. Her mum Tania told @bbcsoutheast she is "devastated that lessons have not been learned", as a @CareQualityComm report finds continued failings in safety. https://t.co/L6w8omVNKv
— INQUEST (@INQUEST_ORG) January 16, 2020
Transparency data: Contracts consultative groups https://t.co/kMs6umpMrD pic.twitter.com/lTzrt6hUF6
— Legal Aid Handbook (@legalaidhbk) January 16, 2020
Court of Protection fees refund https://t.co/qJ7xgqsXCf pic.twitter.com/UbJlfKqaF9
— Alex Ruck Keene (@Capacitylaw) January 16, 2020
Interesting CoP case:
-appointment of a professional carer as welfare deputy
-wholesale failure to follow MCA by statutory bodies
-rejection of view that professionals should not have ongoing relationships with people in their care once their professional role ends https://t.co/xGrieb0iFd— Tor Butler-Cole (@TorButlerCole) January 18, 2020
Case dealing with the appointment of a personal welfare deputy, deficiencies in decision making and costs. One of those cases where you really really feel like you have made a difference https://t.co/HuVs6NnxkE
— Lauren Crow (@LaurenCrow15) January 18, 2020
A short review of the Liberty Protection Safeguards by me for the Elder Law Review (Western Sydney University) https://t.co/xlwf042CxW (A more detailed analysis is forthcoming for the International Journal of Mental Health and Capacity Law - watch this space!)
— Lucy Series (@TheSmallPlaces) January 15, 2020
This might be interesting... Radio 4 drama on Wednesday in which the COP has to make a decision about an eighteen year-old with learning difficulties who wants to have sex.https://t.co/VFmnoCnxDd
— Ella Anderson (@EAndersonSpire) January 14, 2020
Job advert. Abbotstone Law, London - COP and mental health paralegals (deadline 7/2/20). See Jobs https://t.co/Swq5aYMc0C
— Mental Health Law (@MHLonline) January 14, 2020
Job advert. Abbotstone Law, London - Court of Protection solicitor (deadline 7/2/20). See Jobs https://t.co/6VeHGfpOtK
— Mental Health Law (@MHLonline) January 14, 2020
Thanks. I’ll add this to Mental Health Law Online ASAP.
— Mental Health Law (@MHLonline) January 14, 2020
We welcome the new responsibility on police and local authorities to ensure appropriate adults are available to support vulnerable people in police interviews.
The Criminal Justice (Scotland) Act 2016 (Commencement No.6 & Transitional Provision) Order 2019 comes into force today. pic.twitter.com/kXc0ygdnab— Mental Welfare Scot (@MentalWelfare) January 10, 2020
CQC have found The Priory Ticehurst House is still not safe in the latest inspection: https://t.co/qCVFtAfmSy
Amy El-Keria, 14, died whilst an NHS funded patient at the privately run mental health hospital for children in 2014. https://t.co/Hv9vVoDh1v https://t.co/9lqnsDARiC— INQUEST (@INQUEST_ORG) January 10, 2020
Utterly shameful despite being fined for criminally unsafe practices resulting in a child’s death, dangerous and harmful practices continue. This exposes the Priory’s contemptuous lies about ‘learning lessons’ and how they continue to put profit over safety @PrivateEyeNews pic.twitter.com/UXFWS9X6tV
— Deborah Coles (@DebatINQUEST) January 10, 2020
https://t.co/qYVELBmSI8
Yet another needless #MH #death beautiful child just managed to end her life
Rumour Priory running around covering arse
100% wrong public don’t hear of #MH inpatient deaths until inquest years later
Poor darling & inpatients ?? #AltheaPark #ED— CAMHSinCRISIS (@CAMHSinCRISIS) January 8, 2020
“British girl who won life support legal battle is out of intensive care” https://t.co/N3gdGPFhPo
— Mental Health Law (@MHLonline) January 8, 2020
Please read this. A lack of resources means a vulnerable teenage girl was put in this awful situation. Thankyou to the judge for telling A’s story https://t.co/10vZDIEb8I
— Ms Counsel (@seeyouatthebar) January 6, 2020
This constitutes the largest repository of such reports in the country - a resource for learning and improvement.
— hundredfamilies (@hundredfamilies) January 6, 2020
We have now documented 1600 mental health related homicides across the UK and make available 641 inquiry reports and serious case reviews for free on our website - https://t.co/6p4AIdqX9Y
— hundredfamilies (@hundredfamilies) January 6, 2020
NHS England and NHS Improvement South East -
An independent review of the Independent Investigations for Mental Health Homicides in England (Oct 2019)https://t.co/F4zybCCXclhttps://t.co/sfk9KxpAG2https://t.co/wUIrLdLEH4— David Cochrane (@dlgcochrane) January 4, 2020
From Ireland - calls for driving restrictions on people with unresolved serious mental health problemshttps://t.co/P02GZfliya
— hundredfamilies (@hundredfamilies) January 3, 2020
The end of the decade is also the 100th edition of the @39essex mental capacity report. From quarterly to monthly, from 50 to 11390 subscribers, and from just me and @Capacitylaw to 8 editors!https://t.co/vYHq68nSWP
— Tor Butler-Cole (@TorButlerCole) January 1, 2020
• The Code of Practice should be complied with unless there is a ‘cogent reason for departure’ (the Munjaz case, 2005).
• In implementing all this, it’s unlawful for a public authority to act in a way which is incompatibile with an European Convention right (s6 HRA 1998).
5/5— Michael Brown OBE (@MentalHealthCop) December 31, 2019
• Section 140 of the MHA is as much a part of the Act as s2 or s3 MHA and it contains unambiguous responsibilities for CCGs to specify hospitals for ‘urgent admissions’.
• Several coroners have drawn attention to some areas not complying with this duty (or attempting to).
4/— Michael Brown OBE (@MentalHealthCop) December 31, 2019
• The s136 ‘clock’ is not paused whilst someone is in an Emergency Department.
• You can make an MHA application application without identifying a bed.
• The word ‘bed’ doesn’t appear even ONCE in the MHA.
3/— Michael Brown OBE (@MentalHealthCop) December 31, 2019
• Yes, people other than police officers have legal authorities and powers to return patients who are AWOL under the MHA -
• And the Code of Practice requires them to use them (para 28.14) in some circumstances << Coroners have reinforced this.
2/— Michael Brown OBE (@MentalHealthCop) December 31, 2019
A social media week showing us we *STILL* haven’t resolved debates which have been running for DECADES! —
• ED is a ‘Place of Safety’ - see s135(6).
• s135(1) warrants do not require refused access.
• Officers can leave a Place of Safety before the assessment is complete.
1/— Michael Brown OBE (@MentalHealthCop) December 31, 2019
We've published guidance on rehabilitation in adults with complex psychosis and related severe mental health conditions. Find out how to comment on our draft recommendations here: https://t.co/AfWmhUa6Tn pic.twitter.com/4qkUtDsDiy
— NICE (@NICEComms) December 30, 2019
Other items
- Jan 2020: Court of Protection: Guys And St Thomas NHS Foundation Trust (GSTT) & Anor v R [2020] EWCOP 4M (29 January 2020)
- Jan 2020: Elderly abuse suspect could be allowed to starve himself to death, judge says Judge says there is evidence the man has mental capacity to decide to starve himself
- Jan 2020: BBC - Whorlton Hall abuse: Care watchdog wrong not to publish critical 2015 report
- Jan 2020: Court of Protection: QJ v A Local Authority [2020] EWCOP 3M (21 January 2020)
- Jan 2020: Court of Protection: D (A young man), Re [2020] EWCOP 1M (20 January 2020)
- Jan 2020: Court of Protection: Serious Medical Treatment, Guidance [2020] EWCOP 2M (17 January 2020)
- Jan 2020: Gazette - When to disapply subordinate legislation
- Jan 2020: Guardian - British girl who won life support legal battle is out of intensive care
=Has been added to MHLO
=Only appears in this list
Links from social media
- Risk of Subjection to Violence and Perpetration of Violence in Persons With Psychiatric Disorders in Sweden "Persons with psychiatric disorders were approximately 3 to 4 times more likely than their siblings without psychiatric disorders to be either subjected to violence or to perpetrate violence."
- [https://www.bbc.co.uk/news/uk-england-tees-51207856 BBC, 'Whorlton Hall abuse: Care watchdog wrong not to publish critical 2015 report
- Court of Protection: QJ v A Local Authority [2020] EWCOP 3M (21 January 2020)
- Court of Protection: D (A young man), Re [2020] EWCOP 1M (20 January 2020)
- Court of Protection: Serious Medical Treatment, Guidance [2020] EWCOP 2M (17 January 2020)
- Lancet - I seem to be what I'm not (you see) Book review
- To be continued.