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Mental Health Law Online

The internet resource on mental health law, and mental capacity law, for England & Wales. You can subscribe to free email updates, an email discussion list and a new online forum. The online CPD scheme 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 (2144), Legislation (343) and Resources (522), together with separate Information pages (288) to link everything together.

News and updates

  • 16/04/21: Mental Capacity Report note. Alex Ruck Keene et al, 'Mental Capacity Report - End of term update' (39 Essex Chambers, 1/4/21) — There is no April 2021 Mental Capacity Report, but this "end of term update" briefly lists nine key developments in relation to: (1) three COP decisions; (2) e-filing of DOL cases; (3) OPG rapid register search service; (4) supported living and care home guidance; (5) CQC DNACPR report; (6) parental consent to puberty blockers; (7) removal of Care Act "easements"; (8) Worcestershire s117 guidance case; (9) EU settlement scheme.
  • 14/04/21: Case (Appeal against murder conviction). R v Hunnisett [2021] EWCA Crim 265The appellant wanted a murder conviction and 18-year-tariff life sentence quashed, and substituted with manslaughter on the ground of diminished responsibility and s45A hybrid order (presumably still with a life sentence), on the basis of fresh evidence (a prosecution psychiatrist had changed her mind) but the Court of Appeal refused to admit this evidence.
  • 14/04/21: Case (Norwegian probate case). Rokkan v Rokkan [2021] EWHC 481 (Ch)This Chancery case discussed MCA 2005 sch 2 para 8. The preliminary issues decided were: (1) Whether the Defendants are subject to any obligation, enforceable in England and Wales, to distribute the estate of the Deceased pursuant to the principles of the Norwegian law of deferred probate; (2) Whether, on the assumption that the Deceased lacked capacity to manage her property and affairs at the relevant time, the transfers from the Den Norske Bank in Bergen to the Lloyds Bank in England caused the specific legacy at clause 5 of the Deceased's will, executed on 11 September 2012, to fail.
  • 14/04/21: Case (Compulsory caesarean). X NHS Foundation Trust v Ms A [2021] EWCOP 17The court decided that Ms A lacked capacity to conduct proceedings or to make decisions regarding birth (she wanted a vaginal birth), obstetric care and post-operative management, and that it was in her best interests to be transferred to another hospital for an elective caesarean section, or to receive an emergency caesarean section if necessary before then, using force if necessary.
  • 14/04/21: Case (Compulsory admission for caesarean). East Lancashire Hospitals NHS Trust v GH [2021] EWCOP 18At an out-of-hours hearing the Court of Protection declared that GH, having gone into labour at home and suffered an obstructed labour, by reason of her acute agoraphobia and anxiety lacked capacity to decide whether to agree to be admitted to hospital for obstetric treatment and a possible emergency caesarean section, and that it was in her best interests to be conveyed from her home to hospital for treatment by ambulance, forcibly if necessary. In the end she gave birth to a healthy baby boy at home before the court decision could be implemented.


Non law

Whatsoever things are true, whatsoever things are honest, whatsoever things are just, whatsoever things are pure, whatsoever things are lovely, whatsoever things are of good report; if there be any virtue, and if there be any praise, think on these things.

— Philippians 4:8