November 2017 update

Website

  • 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.

Case law

  • After-care payments and double recovery. Tinsley v Manchester City Council [2017] EWCA Civ 1704 — "The question in this appeal is whether a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the Mental Health Act 1983 and has then been released from detention but still requires "after-care services" is entitled to require his local authority to provide such services at any time before he has exhausted sums reflecting the costs of care awarded to him in a judgment in his favour against a negligent tortfeasor."
  • Disposal of Ian Brady's body. Oldham MBC v Makin [2017] EWHC 2543 (Ch) — "This claim concerns the question of whether certain orders should be made in respect of the disposal of the body of Ian Stewart-Brady, formerly Ian Brady, one of the infamous Moors murderers."
  • Withdrawal of CANH. NHS Trust v Y [2017] EWHC 2866 (QB) — "This is a claim for a declaration under CPR Part 8 that it is not mandatory to bring before the Court the withdrawal of Clinically Assisted Nutrition and Hydration ("CANH") from a patient who has a prolonged disorder of consciousness in circumstances where the clinical team and the patient's family are agreed that it is not in the patient's best interests that he continues to receive that treatment, and that no civil or criminal liability will result if CANH is withdrawn."

Case law summary

Legislation

Law Society

  • Practice note for ALRs. Law Society, 'Practice note: Accredited Legal Representatives in the Court of Protection' (10/11/17) — This practice note includes detailed advice on: (1) the role of an Accredited Legal Representative; (2) communicating with and taking instructions from your client; (3) representing P and ensuring P’s effective participation; (4) your duties of confidentiality and disclosure; (5) good practice in the Court of Protection; (6) funding of P’s legal costs; (7) applications under s21A Mental Capacity Act 2005; (8) other issues e.g. breach of the HRA 1998.

SRA

  • SRA confidentiality guidance. SRA, 'Ethics guidance: Disclosure of client's confidential information' (5/2/16) — This guidance deals with Outcome 4.1 of the SRA Code of Conduct 2011, which is that "you keep the affairs of clients confidential unless disclosure is required or permitted by law or the client consents", to which there are no exceptions (in contrast with the previous SRA Code). The status of this guidance is described as follows: "This advice does not form part of the SRA Handbook and is not mandatory, but the SRA may have regard to it when exercising its regulatory functions. This guidance is intended to highlight that where you disclose client information, your justification for doing so will be taken into consideration for conduct purposes. In some limited circumstances, the justification is likely to result in us deciding to take no regulatory action as a result." Circumstances in which disclosure may be justified for conduct purposes are described under the following headings: (1) Where a client has indicated their intention to commit suicide or serious self harm; (2) Preventing harm to children or vulnerable adults; (3) Preventing the commission of a criminal offence. Superseded by SRA, 'Guidance: Confidentiality of client information' (25/11/19).

Events

  • Edge Training: Best Interests Assessors Report Writing Course - London, 19/3/18No results
  • Edge Training: MCA and Tenancy Agreements - London, 9/3/18No results
  • Edge Training: DOLS MH Assessor Annual Refresher Course - London, 2/3/17No results
  • Edge Training: DOLS Authorised Signatories - London, 26/2/17No results
  • Edge Training: Best Interests Assessors Legal Update Course - London, 5/2/18No results
  • Edge Training: Mental capacity and best interests assessments (advanced) - London, 2/2/18No results
  • Edge Training: Deprivation of liberty in children and young people - London, 22/1/18No results
  • Edge Training: Best Interests Assessors Legal Update Course - London, 15/1/18No results
  • Clarion Solicitors: Court of Protection Masterclass - Leeds, 16/11/17No results See Events
  • University of Leeds: Law Reform and Practice Implications of the UNCRPD - Leeds, 14/11/17No results See Events
  • The Dev: Thrash Therapy (music gig) - London, 1/12/17No results See Events

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