July 2017 update
- Magic Book. The Magic Book is a database of contact details. It is a new addition to MHLO - but it can be expanded and be a success if everybody joins in, including you. 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. On 31/7/17 Mental Health Law Online contained 1854 categorised cases
- Chronology. See July 2017 chronology for this month's changes to the website in date order.
- ECHR and tribunal criteria. Djaba v West London Mental Health NHS Trust  EWCA Civ 436 — "[T]he appeal is concerned with the narrow issue whether the statutory tests within ss. 72, 73 and 145 of the Mental Health Act 1983 require a 'proportionality assessment' to be conducted, pursuant to articles 5 and/or 8 of the European Convention of Human Rights and Fundamental Freedoms and the Human Rights Act 1998, taking into account the conditions of the appellant's detention. ... The position established by these cases is that, where the question whether the detention complies with the European Convention on Human Rights is not expressly within the powers of the tribunals but can be heard in other proceedings, section 3 of the Human Rights Act 1998 does not require the powers of the tribunals to be interpreted by reference to the Convention to give them the powers to consider Convention-compliance as well. The same principle applies here too. In this case, the appellant must apply for judicial review to the Administrative Court if he considers that the conditions of his detention are disproportionate and do not comply with the Convention. That Court is able to carry out a sufficient review on the merits to meet the requirements of the Convention."
- Appeal against life sentence. R v Kitchener  EWCA Crim 937 — "On 22 November 2002 at the Crown Court at Cardiff before the Recorder of Cardiff His Honour Judge Griffith-Williams QC the applicant, then aged 20, pleaded guilty to attempted murder contrary to s.1(1) of the Criminal Attempts Act 1981. On 2 December 2002, he was sentenced by the same judge to custody for life with a minimum term of 4 years and 8 months less 4 months on remand in custody. His applications for an extension of time of about 14 years, for leave to appeal against sentence and to call fresh psychiatric evidence have been referred to the full Court by the single judge. The basis for the application for leave to appeal against sentence is that the applicant contends that he should have been sentenced to a hospital order and a restriction order under sections 37 and 41 of the Mental Health Act 1983 rather than to custody for life. The basis for the application for an extension of time is that the psychiatric report of Dr Sobia Khan dated 26 October 2015 was not available at the time of sentence. That report is said to satisfy the conditions for the admission of fresh evidence under section 23 of the Criminal Appeal Act 1968. The admission of the report is said to be both necessary and expedient in the interests of justice."
- Article 3 immigration case. BA v SSHD (2017) UKAITUR IA343212013 — "The Appellant is a citizen of Nigeria born on 26th February 1980. His appeal against a refusal to vary leave was allowed by First-tier Tribunal Judge Abebrese on Article 8 grounds on 23 rd May 2016. ... The Appellant sought permission to appeal against the Article 3 findings only ... On the basis of the factual findings, the opinion in the Amnesty International Report and the opinion of Dr Bell, the Appellant is likely to suffer a breakdown at some point on return to Nigeria whether that be at the airport or some time later. He is likely to come to the attention of the police if he has such a breakdown and he would not be able to access the psychiatric hospital in Lagos because he is unable to afford treatment there. Accordingly, it is likely that he would be held in prison where the conditions for this particular Appellant with his particular condition would result in treatment in breach of Article 3. ... The Applicant would not be at risk of Article 3 treatment because of a heightened risk of suicide. He would, however, be at risk of inhuman and degrading treatment in breach of Article 3 because of the conditions of return. ... The medical evidence indicates that the Appellant is vulnerable to relapse even in the UK and without the threat of removal. His removal to Nigeria is likely to trigger a relapse and his behaviour will draw hostile attention. His treatment by the authorities in detaining him under the Lunacy Act 1958 would amount to inhuman and degrading treatment. There is a reasonable degree of likelihood that he would be detained in a prison, there would be no treatment for his mental health, his situation would deteriorate, the length of detention is indeterminate, there is no right of appeal and there is no requirement for him to consent to treatment. Accordingly, I allow the Appellant's appeal on Article 3 grounds."
- Needs assessment; accommodation change. R (JF) v London Borough of Merton  EWHC 1519 (Admin) — "The Claimant has the benefit of anonymity and will be referred to as JF. He has Autism Spectrum Disorder and severe learning difficulties. As a result, he requires adult residential care with specialist support. ... The Claimant relies upon two grounds of review, contending that: (i) LBM failed to undertake a lawful assessment of his needs in breach of statutory duties under the Care Act 2014 and associated Regulations, namely the Care and Support (Assessment) Regulations 2014 SI 2827, and the Care and Support (Choice of Accommodation) Regulations 2014 SI 2670. (ii) LBM has unlawfully decided to change or to propose to change his accommodation from the David Lewis College in Cheshire, where he has resided since 2012 to Aspen Lodge in Sussex, a residence run by Sussex Health Care. The Claimant contends that LBM has based its decision to prefer the Lodge unlawfully and predominantly upon a Pre-Admission Assessment dated 26 February 2016 and prepared by the Lodge. That document contains the conclusion that the Lodge is suitable and can adequately meet JF's needs. The Claimant alleges that it is an inadequate basis for moving him from his current accommodation."
- Community care case summary. Andy McNicholl, 'Court quashes “unlawful” Care Act assessment of learning disabled man' (Community Care, 3/7/17) — This article summarises R (JF) v London Borough of Merton  EWHC 1519 (Admin).
Mental Health Tribunal
- MHT Practice Guidance. Practice Guidance: Enforcement Procedure, Directions and Summonses (24/7/17) — This document contains the following headings: (1) The Responsible Authority’s duty to provide its written evidence within 3 weeks; (2) The Responsible Authority’s duty to cooperate with the tribunal, and provide the full identity and secure contact details of its statement and report writers; (3) The Responsible Authority’s duty to arrange for the attendance of witnesses; (4) The Legal Representative’s Duties; (5) What will the tribunal do to enforce compliance? (6) The MH5 direction to a named person to immediately provide written evidence; (7) Failure to comply with a personal MH5 Direction to give written evidence; (8) Summonses.
- Welsh Tribunal forms. New forms and guidance documents were created, and translated into Welsh, in April and May 2017 — MHRTW-01: Application to the tribunal; MHRTW-02: Nearest Relative Application; MHRTW-03: Attendance Form; MHRTW-04: Expenses claim - witness; MHRTW-05: Permission for Appeal Application Form; MHRTW-06: Guidance - Applying to the Tribunal; MHRTW-07: Guidance - Referrals; MHRTW-08: Guidance - The Tribunal Hearing; MHRTW-09: Guidance - Nearest Relative Information; MHRTW-10: Guidance - Provision of Reports to the Tribunal; MHRTW-11: Guidance - Report Layout and Content; MHRTW-12: Guidance - Expenses claim - Witness; MHRTW-13: Guidance - The Tribunal’s Powers; MHRTW-14: Guidance - Permission for Appeal; MHRTW-15: Publications Register; MHRTW-16: List of words; MHRTW-17: Eligibility Criteria; MHRTW-18: Request to Withdraw application; MHRTW-18A: Guidance - Request to Withdraw application. See Tribunal forms
- Debra Whittle, 'Freedom of Information Act (FOIA) Request -112074' (letter to Lucy Series, 19/6/17). This FOI response includes the following information. Time from receipt to disposal: section 2 (0 weeks 24.5%, 1 week 53.0%, 2 weeks 18.2%, 4 or more weeks 1.9%); restricted (0-3 weeks 8.0%, 4-9 weeks 15.4%, 10-15 weeks 59.6%, 16-18 weeks 5.1%, 19 or more 11.9%); non-restricted (0-3 weeks 22.1%, 4-7 weeks 47.9%, 8-9 weeks 17.5%, 10-12 weeks 6.5%, 13 or more weeks 6.1%). Total number of cases: section 2 (10,617); restricted (3,449); unrestricted (21,065). Median age of case: section 2 (1 week); restricted (10-15 weeks); non-restricted (4-7 weeks). See Mental Health Tribunal#Listing of hearings
- Job advert. ODonnells Solicitors, Preston - PA/admin assistant in MHT team. See Jobs
- RadcliffesLeBrasseur: Annual Mental Health Conference - London, 5/10/17 — Speakers: Simon Burrows (Mental health case law and DoLS update), Mat Kinton (The key issues that keep attracting the attention of CQC at MHA inspections), Andrew Parsons (CQC regulatory powers), Simon Cheverst (Consent and the psychiatric patient: treatment, covert medication and the law) and Paul Spencer (What is likely to trouble a coroner at an inquest into the death of a psychiatric patient?). Time: 9.15am - 3.30pm. Price: £96 inc VAT. See RadcliffesLeBrasseur website for further details and booking information.
- MHLA: Advocacy, Risk and Cross-examination - Leicester, 16/10/17 — This one-day course is designed to enhance advocacy and case preparation skills. The focus is on preparing for advocacy, with advice on cross-examination of the medical witnesses and taking evidence-in-chief from the client, along with formulation and delivery of effective submissions. Price: £150 (MHLA members); £195 (non-members). See MHLA website for further details and booking information.
- MHLA: Re-accreditation course - London, 4/10/17 — This course will be suitable for those seeking re-accreditation (by reviewing the legal and procedural developments of the last three years; providing a forum for discussing these along with the re-accreditation process; fulfilling the requirement to obtain six mental health CPD points for re-accreditation). It will also be of interest to anyone wishing to further their knowledge of mental health law and practice. Price: £150 (MHLA members); £195 (non-members). See MHLA website for further details and booking information
- MHLA: Re-accreditation course - Manchester, 27/9/17 — This course will be suitable for those seeking re-accreditation (by reviewing the legal and procedural developments of the last three years; providing a forum for discussing these along with the re-accreditation process; fulfilling the requirement to obtain six mental health CPD points for re-accreditation). It will also be of interest to anyone wishing to further their knowledge of mental health law and practice. Price: £150 (MHLA members); £195 (non-members). See MHLA website for further details and booking information
- MHLA: Foundation course - London, 30/8/17 — This course is aimed at new practitioners and those intending to attend the panel course in the near future. Attendance at the foundation course is strongly recommended in order to achieve a sound understanding of the basic principles of mental health law, practice and procedure and in order to achieve the most from the two-day panel course, which is a pre-requisite for application to the Law Society’s mental health panel. Price: £150 (MHLA members); £195 (non-members). See MHLA website for further details and booking information
- MHLA: Foundation course - Manchester, 23/8/17 — This course is aimed at new practitioners and those intending to attend the panel course in the near future. Attendance at the foundation course is strongly recommended in order to achieve a sound understanding of the basic principles of mental health law, practice and procedure and in order to achieve the most from the two-day panel course, which is a pre-requisite for application to the Law Society’s mental health panel. Price: £150 (MHLA members); £195 (non-members). See MHLA website for further details and booking information
- Jul 2017: Gazette - Business lasting powers of attorney
- Jul 2017: Independent - Care home nurse caught on video spraying aerosol into dementia patient's face convicted of ill-treatment In the video, recorded by a camera hidden by Betty Boylan’s family in her room, Susan Draper appears to aim the can of body spray at the 78-year-old, about a foot away from her mouth.
- Jul 2017: Swindon Advertiser - Man stole £80k from dementia-suffering dad for gambling habit Paul Keen abused his position of holding power of attorney over the elderly man to empty his bank accounts of £80,161 in 17 months.
- Jul 2017: Guardian - Thousands of mental health patients spend years on secure wards
- Jul 2017: BBC - Porthcawl man's stabbing life sentence overturned. A man who was jailed for life 15 years ago for attempted murder was mentally ill and should not have gone to prison, judges have ruled. Matthew Kitchener, from Porthcawl, attacked victim Helen John-Hall on the doorstep of her Wellfield Avenue home on his 20th birthday in August 2002. She was stabbed in the neck and strangled, and only survived because a neighbour disturbed him and he ran off.
- Jul 2017: Bristol Live - Former managers of Winterbourne View hospital, where patients were abused, are struck off Six people who worked at the privately-run hospital near Bradley Stoke were jailed after cruel and degrading treatment was exposed by undercover reporter.
- Jul 2017: Express - Justice for whistleblower mum sacked by care home after speaking out over poor standards Mother-of-three Kaley Sweetman, 45, was sacked after raising concerns at Orchard Manor Care Home in Chester. She said she had only contacted the Government’s Care Quality Commission last September after fearing her concerns were not being listened to.
- Jul 2017: BBC - Sussex NHS trust apologises over Sabrina Walsh suicide A mental health trust has apologised over the death of a patient who took her own life just four hours after arriving at a Sussex unit. Sabrina Walsh, 32, died in October 2016 at the Woodlands Centre in St Leonards. An inquest heard a nurse said Ms Walsh should be moved to a secure unit in Crawley after earlier suicide attempts. A jury in Hastings concluded she fell victim to a "gross failing of medical care" for which Sussex Partnership NHS Foundation Trust apologised.
- Jul 2017: Wales Online - Escaped psychiatric patient was lawfully killed by the man he attacked with a belt, inquest finds Khoung Lam attacked David Owen asking "What day do you want to die?" before putting his belt around the older man's neck, the inquest heard
- Jul 2017: Mail - Horror of the quiet room: No heating. No toilet. Not even a chair. Yet Ben, who has severe learning disabilities, was routinely locked up there for hours by care home staff who treated him like a slave. How COULD this happen? Ben Garrod still has nightmares about the ‘quiet room’ at Veilstone care home in North Devon
- Jul 2017: Community Care - Social workers alert Hunt to dangers of mental health bed shortage
- Jul 2017: Guardian - NHS bosses warn of mental health crisis with long waits for treatment Report finds 80% fear they cannot provide timely, high-quality care to the growing numbers seeking help
- Jul 2017: Irwin Mitchell - Court Of Appeal’s Legal Aid Decision Could Make It ‘Impossible’ For Many To Gain Justice
- Jul 2017: Liverpool Echo - Wife of Paul Briggs fears other families in court battles like hers could be denied legal aid New ruling on funding follows Legal Aid Agency appeal in case of Wirral mum's bid to end life of husband on life support
- Jul 2017:
- Jul 2017: BBC - Man jailed for manslaughter over ex-girlfriend's suicide
- Jul 2017: National Health Executive - Lack of beds forces mentally ill children into adult wards
- Jul 2017: Judiciary - SPT Annual Report 2017 (Internet Archive link)
- Jul 2017: Community Care - Government eyes emergency measures to ease DoLS pressures
- Jul 2017: Law Commission - Technical consultation to simplify sentencing launched
- Jul 2017: COP Hub - Transparency Pilot extended pending full Rule changes
- Jul 2017: IPSO - Resolution Statement 06777-17 The Transparency Project v The Sunday Telegraph
- Jul 2017: Henry Brooke - Four reflections on the Charlie Gard case
- Jul 2017: Judiciary - Charlie Gard case B
- Jul 2017: CQC - The state of care in mental health services 2014 to 2017
- Jul 2017: LGSCO - Vulnerable adults being let down by poor social work practice
- Jul 2017: Community Care - Services ‘too often’ failing to apply Mental Capacity Act properly
- Jul 2017: COP Hub - Legal Services Board publish research & guidance on 'vulnerable consumers' experience of legal services
- Jul 2017: COP Hub - Number of Deprivation of Liberty orders made doubles in past year
- Jul 2017: MOJ Annual Report 2016-17
- Jul 2017: NOMS Annual Report 2016-17
- Jul 2017: Gazette - Law reform could cause more challenges to wills
- Jul 2017: Manchester/HQIP - Suicide by children and young people
- Jul 2017: Spiked - The tyranny of mental health The concept of mental illness turns problems into conditions.
- Jul 2017: Mental Health Cop - The MHA changes
- Jul 2017: Law Commission - Outdated law of wills needs “overhaul” to reflect modern world
- Jul 2017: BMJ - Guest Post: Withdrawing Life-Prolonging Treatment in the Patient’s Best Interests: The Implications of Briggs
- Jul 2017: BMJ - Daniel Sokol: The Charlie Gard case—an ethicist in the courtroom
- Jul 2017: Practical Ethics - Burke, Briggs and Wills: Why we should not fear the judgment in Charlie Gard
- Jul 2017: Court of Protection and Mental Capacity Update at the Royal College of Surgeons - Seminar notes
- Jul 2017: Parole Board Annual Report and Accounts 2016-17
- Jul 2017: CQC - The state of adult social care services 2014 to 2017
- Jul 2017: Mark Neary - Three New Monstrosities
- Jul 2017: Sentencing Council - Manslaughter Guideline Consultation See also news page
- Jul 2017: NHS Digital - Out of Area Placements in Mental Health Services May 2017
- Jul 2017: LAA - Civil news: extension date set for 2014 Standard Civil Contract Mental health and community care work are covered by contract extension which takes effect on 31 July 2017.
- Jul 2017: An independent investigation into the care and treatment of T, a mental health service user in Camden "Failure of Trust’s bed management system to meet identified need was principal root cause of the homicide" (Hundred Families summary)
- Jul 2017: Supreme Court PTA decisions May-Jun 2017 PTA refused in Ferreira
- Jul 2017: Scunthorpe Telegraph - Man goes on trial charged with murder at Great Oaks mental health unit in Scunthorpe
- Jul 2017: Guardian letter - Make our mental health laws fit for purpose
- Jul 2017:
- Jul 2017: BBC - Southern Health faces prosecution over Melbury Lodge roof fall
- Jul 2017: BBC - A mum on having electric shock therapy while pregnant
- Jul 2017: MCLAP - The MCA – big issues for the next 10 years
- Jul 2017: When ‘Sanctity of Life’ and ‘Self-Determination’ clash: Briggs versus Briggs  EWCOP 53 – implications for policy and practice
- Jul 2017: UK Inquest Law Blog - Self inflicted deaths in prison: “Something must be done” – but what?
- Jul 2017: Community Care - Learning disability hospital blocked from re-registering as care home
- Jul 2017:
- Jul 2017: Gov.scot page on Mental Health - Today most of parts 1 and 2 of the Mental Health (Scotland) Act 2015 come into force. - New regulations, including cross-border transfers and conflicts of interest, come into force today etc
- Jul 2017: Scotland - Mental Health Strategy 2017-2027
- Jul 2017: OPG Blog - Why are Lasting Powers of Attorney important for carers?
- Jul 2017: Express - Justice for whistleblower mum sacked by care home after speaking out over poor standards
=Has been added to MHLO
=Only appears in this list