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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 main content of this website has been divided into Case law (2203), Legislation (349) and Resources (703), together with separate Information pages (324) to link everything together.

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  • 12/01/22: Case (Ordinary residence and s117). R (Worcestershire County Council v SSHSC [2021] EWCA Civ 1957 — JG was detained under s3 in Worcestershire (Area 1), discharged to residential care in Swindon (Area 2), detained again under s3 in Swindon and discharged again. The Court of Appeal held that: (1) Area 1's duty subsists until it comes to an end by a s117(2) decision that the patient "is no longer in need" of aftercare services (ordinary residence in area 2 when subsequently detained makes no difference); there had been no such decision so the duty continued throughout both the second period of detention and beyond. (2) Obiter, by the ordinary meaning of "ordinarily resident" and under the Shah test JG was ordinarily resident in Swindon immediately before the second detention, and there was nothing in subsequent caselaw (including Cornwall) or the Care Act 2014 amendments (including the change from "resident" to "ordinarily resident") justifying a different conclusion.


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Cover - Mental Health Tribunal Handbook.jpg


Sarah Johnston, Sophy Miles and Claire Royston, Mental Health Tribunal Handbook (LAG 2015)Purchase from AmazonPurchase from Bookshop.org 


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