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  • 17/04/21
    : Books page updated — The Books page has been revamped and now has cover images for all books. I have recently signed up as an affiliate with Bookshop.org, which supports local independent bookshops: if a book is available there then clicking on the cover image will take you to Bookshop.org rather than Amazon. If you purchase a book via an Amazon link they will give me 6%; if you purchase via a Bookshop.org link they will give me 10%. So please buy your books through MHLO :-) Please let me know if any good books are missing. If you want to buy any books that are not listed here then contact me, and I can either add them here (if they are relevant) or send you affiliate links (if they are novels or whatever). See Books for details.
  • 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 265 The 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 17 The 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 18 At 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.
  • 13/04/21
    : Legal aid means testing. Legal Aid Agency, 'Lord Chancellor’s guidance on determining financial eligibility for Controlled Work and Family Mediation' (January 2021) — This guidance covers, in relation to mental health work: (a) Legal Help; and (b) Legal Representation, for proceedings in the MHT or MHRT for Wales. Main headings: (1) Introduction; (2) How is financial eligibility determined? (3) Does the client qualify financially? (4) General Principles of Determination; (5) Determining Gross Income; (6) Determining disposable income; (7) Determining Disposable Capital; (8) Intentional deprivation of resources; (9) Eligibility of children; (10) Errors and new information; (11) Changes in circumstances; (12) Evidence of Means.
  • 11/04/21
    : Case (Coronavirus vaccination). NHS Tameside and Glossop CCG v CR [2021] EWCOP 19 CR lacked capacity in relation to the coronavirus vaccination and it was not possible to determine his wishes and feelings. The Court of Protection decided it was in his best interests to have the vaccination, based on the orthodox view of its benefits, and rejecting family members' objections. The relief sought by the CCG was granted, although physical intervention was not authorised.
  • 11/04/21
    : Mental Health Tribunal coronavirus Practice Direction. Amended Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (18/3/21) — This extends Amended Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (Coronavirus, 14/9/20) with amendments to 18/9/21. The non-trivial amendments are: (1) A new heading "Disposal of proceedings on the papers" stating "5. The tribunal shall observe the requirements of rule 5A and rule 35 in cases where an application is made for determination on the papers." (maybe this relates to the misuse of that rule by the MHT in uncontested reference cases); (2) New wording in relation to "Pre-hearing examinations: practicability": "7. For the duration of this Pilot Practice Direction: (a) A face-to-face pre-hearing examination may only take place if the Chamber President, the Deputy Chamber President or an authorised salaried judge directs that a face-to-face pre-hearing examination is practicable; (b) A remote pre-hearing examination may take place if any judge or tribunal directs that a remote pre-hearing examination is practicable. 8. When deciding whether conducting a pre-hearing examination is practicable under paragraph 7, judicial office holders should consider the overriding objective, any health and safety risks, any technological constraints, and the resources available to the Mental Health jurisdiction, as well as any other matters that they consider to be relevant." (3) A new heading "Pre-hearing examinations: section 2 cases": "9. Rule 34 requires that a pre-hearing examination must be carried out in section 2 cases, if practicable, unless the tribunal is satisfied that the patient does not want such an examination. 10. In a section 2 case, the patient (or their representative on their behalf) should be asked to indicate to the tribunal whether they want a pre-hearing examination. If the patient wants a pre-hearing examination, a decision should be made as to its practicability in accordance with paragraphs 7 and 8."
  • 11/04/21
    : Case (Section 37/41 or s45A). R v Lall [2021] EWCA Crim 404 The Attorney General unsuccessfully sought leave to refer the s37/41 sentence to the Court of Appeal as being unduly lenient, arguing that the correct order should have been life imprisonment with a s45A direction.
  • 11/04/21
    : Case (Travel, contact, internet). London Borough of Greenwich v EOA [2021] EWCOP 20 Decisions were made on EOA's capacity to make decisions in relation to:(a) foreign travel; (b) contact with his family and others; (c) social media and Internet usage.
  • 11/04/21
    : Case (Best interests and care). Re AB: X Council v BB [2021] EWCOP 21 — "The issue that I have to decide is what is in AB's best interests regarding the care that she should receive because there is no dispute about where she should live or the contact that she should have with others. At the moment she is living in a care home (F House), having moved there in March 2020 when she was granted bail in the criminal proceedings. The arrangements for her accommodation have previously been found by me to amount to a deprivation of liberty and no party disputes this. At the last hearing I noted that the agreed aim was for AB to return home (9CC) and a recital on the Court order reflects this (D171). The detailed dispute that I need to determine about AB's care is which of two proposals designed to support her returning home should be pursued in her best interests."
  • 11/04/21
    : Case (Parental consent for puberty blockers). AB v CD [2021] EWHC 741 (Fam) The two issues in this case (an application by XY's mother that she and the father have the ability in law to consent on behalf of XY to the administration of hormone treatment to suppress puberty) were: (1) Do the parents retain the legal ability to consent to the treatment? (2) Does the administration of puberty blockers fall into a "special category" of medical treatment by which either: (a) an application must be made to the Court before they can be prescribed? (b) as a matter of good practice an application should be made to the Court?
  • 10/04/21
    : Case (Contempt for forgery). P v Griffith [2020] EWCOP 46 DG forged a court order, seeking to obtain the disclosure of P's confidential medical records (which the court had repeatedly declined to order). She was sentenced to 12 months' imprisonment.
  • 07/04/21
    : Case (Death following suicide attempt). Re Lilia: A London Trust v CD [2021] EWCOP 23 Lilia was in a vegetative state following an unsuccessful suicide attempt on a psychiatric ward. The Trust's clinical treating team argued that continuing treatment was futile and could be unethical. Lilia's mother and sister agreed for treatment to end, but her father argued that she would want to live and that it was too early to end her life given the remote possibility of neurological change that could place her in a minimally conscious state minus. The judge concluded that it was not in Lilia's best interests to administer life-sustaining medical treatment.
  • 07/04/21
    : Case (Discharge from long s17 leave). DB v Betsi Cadwaladr University Health Board [2021] UKUT 53 (AAC) (1) For it to remain "appropriate for [a patient] to be liable to be detained in a hospital for medical treatment" a significant component of his treatment must be in hospital. Liability to detention is not a fallback when other options (e.g. CTO, C/D, MCA) are unsuitable or unavailable: if the statutory conditions for (liability to) detention are not met, the tribunal must direct discharge. (2) The patient in this case had been on s17 leave for 11 months without any contact with any hospital. The tribunal should have analysed the components of his treatment, as broadly defined in s145, then decided the extent to which they were being delivered in hospital, but had failed to do so. (3) The case was remitted to the MHRT for Wales.
  • 05/04/21
    : Event. PELT: Depriving Children and Young People of their liberty lawfully (online, 22/9/21) —"Supreme Court Re D (Parents authorising DoL?) 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 PR 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 fit in?" Speaker: Peter Edwards. Cost: 125 plus VAT. See Peter Edwards Law Training website for further details and booking information.
  • 05/04/21
    : Event. PELT: Introduction to MCA and DOLS (online, 29/9/21) —"Intensive introduction to all those who need a basic understanding of the MCA and DOLS. Identifying the ‘decision maker’ as the person responsible for the outcome of that particular decision is the key to lawful decision making on behalf of those who lack capacity." Speaker: Peter Edwards. Cost: 125 plus VAT. See Peter Edwards Law Training website for further details and booking information.

Monthly updates

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