November 2020 update

This page is automatically generated: it will only be complete at the end of the month. All monthly updates are available here: Archive of monthly updates.

Website

  • Magic Book. The Magic Book is a database of contact details. The main idea is to add the hospitals and other places you visit (not just your own place of work). 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.
  • Cases. By the end of this month, Mental Health Law Online contained 2094 categorised cases

Cases

  • Case (Expert evidence guidance). AMDC v AG [2020] EWCOP 58The court was critical of the jointly-instructed psychiatric reports in this case and provided detailed guidance on how experts' reports on capacity can best assist the court.
  • Case (Ex turpi causa). Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43The respondent admitted negligently failing to return the appellant to hospital on the basis of her manifest psychotic state, which led to her stabbing her mother to death. The Supreme Court held that the previous case of Gray v Thames Trains Ltd [2009] UKHL 33M could not be distinguished, and should not be departed from, and that therefore the claim was barred by the doctrine of ex turpi causa non oritur actio (illegality).

Resources

  • NHS commissioning. NHS England, 'Who Pays? Determining which NHS commissioner is responsible for making payment to a provider' (25/8/20) — "This revised Who Pays? guidance sets out a framework, for the NHS in England, for establishing which NHS organisation has responsibility for commissioning an individual’s care and which has responsibility for paying for that care. It is published for implementation by commissioners from 1 September 2020." There are four appendices: "Appendix 1 sets out the full dispute resolution process. Appendix 2 provides advice on defining ‘usually resident’. Appendix 3 is a one-page guide to what has moved where from 2013 Who Pays? to the 2020 version. Appendix 4, published separately in Word, contains templates for submissions made to the national team under the dispute resolution process."

News

  • New MHA forms. Editable Word documents and printable PDFs are now available for use from 1/12/20 onwards. Either old or new forms can be used for non-electronic communication between 1/12/20 and 1/2/21. See Mental Health Act 1983 Statutory Forms
  • New, faster website server. MHLO pages now load in a fraction of a second, following last week's move to a lightning-fast server. Visit the new home page and let me know what you think on the new forum.

Events

  • Event. PELT: Mental Health Act Masterclass (online, 24/3/21) — This course will allow practitioners to reflect on and update their practice by ensuring they have an up to date understanding of the law. The contents of the course will be up to date and reflect any changes or significant developments which affect lawful practice. To include relationship between MHA and LPS. Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.
  • Event. PELT: Depriving Children and Young People of their liberty lawfully (online, 24/2/21) — "Where do new LPS fit in? DoLs start at 18. MCA 16. MHA no minimum age for detention. How to lawfully deprive a C or YP of their liberty requires great care. What is a DoL and where does parental responsibility fit? The course looks at the complex inter relationship between the MCA, MHA and Children Act. When should a child or young person be sectioned? What alternatives are there? Where does s.25 Children Act (secure accommodation) fit in?" Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.
  • Event. PELT: Introduction to the MHA, Code and Tribunals (online, 10/2/21) — This basic course is for all those who need an understanding of the MHA and Code and how it works in practice. It is aimed at all those whose work involves working with those detained, or who may be detained, under the MHA. Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.

Twitter

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Other items

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