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Mental Health Law Online

The internet resource on mental health law, and mental capacity law, for England & Wales. You can sign up for free email updates, the online forum and the CPD scheme (which provides 12 hours for £60 and is suitable for lawyers and non-lawyers). The abbreviations are similar but MHLO, MHLA and MHLR are all different.

The main content of this website has been divided into Case law (2368), Legislation (378) and Resources (1,051), together with separate Information pages (328) to link everything together.

Forum topics

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Contacts

The Magic Book is a database of contact details which currently contains 306 pages.

News and updates

All the latest updates to the website can be seen on on the MHLO updates forum category. The five most recent appear here.

10/10/24: Case (Inherent jurisdiction and Article 3). Re P (Vulnerable adult: Withdrawal of application) [2024] EWHC 1882 (Fam) — The central issue in this case was whether the court should continue to use its powers under the inherent jurisdiction to compel P to live apart from her father. The judgement focusses on whether concluding proceedings would breach P's Article 3 rights.

10/10/24: Case (Representation during DOL review period). Re PQ (Court authorised DOL: Representation during review period) [2024] EWCOP 41 (T3) — "[T]he central questions for the Court are: (a) Whether PQ's continued participation during the review period requires her to have some form of representation, whether by a Litigation Friend, an ALR, or a r1.2 representative, in order for there to be compliance with ECHR Art 5; (b) If so, what form of participation should the court require given the options available; and (c) If the LAA refused to fund PQ's representation during the review period, whether by a Litigation Friend or an ALR, what steps should the Court then take?"

10/10/24: Case (Belief and capacity). Hemachandran v Thirumalesh [2024] EWCA Civ 896 — (1) The judge had made an error of law in regarding the absence of belief as determinative of the functional test. The Court of Appeal noted: "The proper application of the statutory test does no more than reflect that, where there is an objectively verifiable medical consensus as to the consequences of having or not having medical treatment, if the patient does not believe or accept that information to be true, it may be that they are unable to understand and or use and weigh the information in question." (2) The judge also failed to give sufficient reasons for disagreeing with the unanimous view of the experts that the patient had capacity to make decisions as to her medical treatment.

10/10/24: Case (Discharge of RRO). University Hospitals Birmingham NHS Foundation Trust v Thirumalesh [2023] EWCOP 43 — Following the patient's death, her family applied for discharge of a transparency order, and the Trust argued for its continuation for a further 8 weeks. The judge noted that there is little practical difference between transparency orders and reporting restrictions orders (RROs) and uniform terminology would be more desirable.

09/10/24: Consolidated version of HESC rules. Tribunal Procedure Committee, 'HESC Rules: consolidated version' (1/5/24) — This PDF document includes changes made to the original rules since 2008. Last updated 1/5/24.

Consultations

No open consultations.

To do

Things that will end up with their own MHLO pages, when I have time...

08/10/24: Improving cross-sector support for children in complex situations with multiple needs task and finish group https://www.gov.uk/government/groups/improving-cross-sector-support-for-children-in-complex-situations-with-multiple-needs-task-and-finish-group
08/10/24: Law Commission - Disabled Children’s Social Care https://lawcom.gov.uk/project/disabled-childrens-social-care/ The consultation is open until 20 January 2025.
08/10/24: Stockton-on-Tees Borough Council (23 018 947) https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/23-018-947 Upheld 29/7/24 Summary: "Ms Y complained that professionals failed to understand her mother’s personality and wrongly determined she lacked capacity. Ms Y said this led to a decision to transfer her mother to a nursing home which caused her distress. In addition, she said it led to a hospital and a nursing home placing unnecessary restrictions on her mother. We have not found fault in the way professionals considered Mrs X’s capacity. However, we have found fault in the way a Council considered Mrs X’s best interests before placing her in a nursing home. This caused avoidable distress and we have recommended an apology and a small financial payment."
05/10/24: October 4, 2024 Alix Knowles: Prevention of Future Deaths Report https://www.judiciary.uk/prevention-of-future-death-reports/alix-knowles-prevention-of-future-deaths-report/ This report is being sent to: NHS England / Derby and Burton Hospital / Royal Stoke University Hospital
04/10/24: 39 Essex Chambers - Carrying out and recording capacity assessments March 2023 https://www.39essex.com/sites/default/files/2023-03/Mental%20Capacity%20Guidance%20Note%20Capacity%20Assessment%20March%202023.pdf https://www.39essex.com/information-hub/insight/mental-capacity-guidance-note-assessment-and-recording-capacity https://www.mentalcapacitylawandpolicy.org.uk/39-essex-chambers-guidance-note-carrying-out-and-recording-capacity-assessments-updated/
03/10/24: 2 October 2024 – Notice of outcome: 2024 Standard Civil Contract. "The procurement processes for the 2024 Standard Civil Contract have concluded. 1236 providers have been issued contracts across eleven categories of law. In addition, Housing Loss Prevention Advice Services have also commenced following the conclusion of the procurement processes. The directory of providers has been updated accordingly. A list of successful providers can be found in the ‘documents’ section above." https://www.gov.uk/government/publications/additional-procurement-civil-2024-contract-procurement-process?#full-publication-update-history - https://www.gov.uk/government/publications/directory-of-legal-aid-providers? - https://www.gov.uk/government/publications/civil-2024-contract-procurement-process?
03/10/24: A Council v An NHS Foundation Trust & Ors [2024] EWHC 874 (Fam)^B (26 January 2024)†
03/10/24: ABQ, R. v [2024] EWCA Crim 310^B (08 February 2024)†
03/10/24: Alder Hey Childrens NHS Foundation Trust (23 014 011a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-014-011a Statement Closed after initial enquiries Mental health services 29-Feb-2024 Summary: "We will not investigate Mrs X’s complaint about Sefton Metropolitan Borough Council not adhering to court orders, and the actions of a specific Social Worker. There is an ongoing Social Work England investigation, and Mrs X is planning to take legal action against the Council. We consider those bodies are better placed to consider her complaints."
03/10/24: Delargy v Oxleas NHS Foundation Trust [2022] EWHC 3696 (KB)^B (20 May 2022)†

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CPD

The CPD scheme is primarily aimed at mental health solicitors, and is an ideal way to evidence your continued competence, but is also suitable for barristers, psychiatrists, social workers and psychiatric nurses. For £60, you can obtain 12 CPD credits.

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