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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 (2356), Legislation (380) and Resources (1,049), 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.

04/10/24: DOL guidance. Law Society, 'Identifying a deprivation of liberty: a practical guide' (18/3/24) — The guidance applies the legal framework, including considerations relating to those under 18, to different settings: hospitals; psychiatric care; care homes; supported living/shared lives/extra care; at home; palliative care and hospices.

04/10/24: Capacity assessment. Alex Ruck Keene et al, 'Guidance note: Relevant information for different categories of decision' (39 Essex Chambers, May 2024) — "This guidance note sits alongside our guidance note on carrying out and recording capacity assessments, and is designed to assist social workers and those working in frontline clinical settings when they asked to consider a person’s capacity to make a decision or decisions. As set out in our guidance note, the courts have now applied the MCA 2005 in respect of very many types of decision. In the course of doing so, they have given indications as to what they consider to be relevant (and sometimes irrelevant) information for purposes of those decisions – i.e. what the person must be able to understand, retain, use and weigh to able to make the decision. This guidance note pulls together the guidance given in relation to some of the most common decisions that are encountered in practice in the context of health and welfare matters."

02/10/24: Report on MH Bill. Joint Committee on the Draft Mental Health Bill, 'Draft Mental Health Bill 2022: Report of Session 2022-23' (HC 696, HL Paper 128, 11/1/23) — Key recommendations: "(1) Creation of a new statutory Mental Health Commissioner post. (2) The Principles underpinning the 2018 Review and respect for racial equality should be included in the Bill. (3) Health organisations should appoint a responsible person to collect and monitor data on detentions under the MHA, broken down by ethnicity, with annual figures published by Government, and to implement policies to reduce inequalities. (4) Community Treatment Orders are used disproportionately for black and ethnic minority patients and should be abolished for the majority of patients, except those involved in criminal proceedings or under sentence where their continued use should be reviewed. (4) Strengthened duties for Integrated Care Boards and Local Authorities to ensure adequate supply of community services for people with learning disabilities and autistic people to avoid long-term detention. (5) Patients detained or previously detained under the MHA should have a statutory right to request an advance choice document is drawn up"

02/10/24: UT case summary. Roger Pezzani and Alex Schymyck, 'Upper Tribunal provides important guidance on proceeding without aftercare evidence' (Garden Court Chambers, 17/11/23) — Extract from this summary of SS v Cornwall Partnership NHS Foundation Trust [2023] UKUT 258 (AAC): "(1) The Tribunal should adjourn to obtain aftercare evidence where it is capable of affecting the the outcome of the hearing. AM was a relatively unusual case where aftercare evidence was not capable of affecting the outcome. (2) It is procedurally unfair to refuse an adjournment request from a patient where the detaining authority has failed to provide relevant evidence such as that addressing aftercare. (3) The Tribunal must not 'kick the can down the road' and leave matters to be resolved by a future Tribunal. Procedural fairness applies at each stage of the process and an unfair Tribunal hearing cannot be cured by the possibility of a future hearing."

01/10/24: Event. MHLA: 25th Annual Conference (Bristol, 15/11/24) — Confirmed speakers include: Najmus Madarbux (Legal Aid Agency); Sarah Johnston (DCP); Dr Alexander Hamilton (consultant forensic psychologist); Tam Gill; Dr Laura Janes. Full programme to be announced. Chairman: Neil Cronin. Cost: £160 (member); £145 (group discount); £230 (non-member). See MHLA website for further details and booking information.

Consultations

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To do

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

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)†
03/10/24: G v Human Fertilisation & Embryology Authority & Anor [2024] EWHC 2453 (Fam)^B (30 September 2024) ?
03/10/24: JR325 (A Minor), Application for Judicial Review [2024] NIKB 75^B (26 September 2024) "The applicant seeks to challenge Articles 44, 49(1) and 49(4A) of the Mental Health (Northern Ireland) Order 1986"
03/10/24: Lukes v Kent & Medway NHS & Social Care Partnership Trust & Anor [2024] EWHC 753 (KB)^B (15 April 2024)†
03/10/24: MOP Healthcare Limited (22 001 140) https://www.lgo.org.uk/decisions/adult-care-services/residential-care/22-001-140-report Report Upheld Residential care 11-Apr-2024 Summary: "The Local Government and Social Care Ombudsman investigated a complaint about residential services provided to the late Mr X. We found MOP Healthcare Limited: did not properly assess Mr X’s mental capacity after he attempted suicide; failed to process a Deprivation of Liberty safeguard application appropriately; took overly restrictive steps to deprive Mr X of his liberty by continuing 1-1 care despite his social worker and a Community Psychiatric Nurse advising less restrictive measures could be used to maintain his safety; charged Mr X an additional £2,520 a week for the 1-1 care. This meant Mr X was under constant supervision for the last 9 months of his life in Barrowhill Hall Care Home, even when on end-of-life care, due to a flawed capacity assessment. The complainant suffered significant distress and financial loss. The faults could also risk similar restrictions happening to other people."†

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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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