Updates

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Recent updates on website

For details of recent news items, please see the MHLO updates forum category.

  • 27/06/22
    (2230)
    : Explanatory notes. DHSC and MOJ, 'Draft Mental Health Bill: Explanatory Notes' (27/6/22) — "These Explanatory Notes have been prepared by the Department of Health and Social Care and by the Ministry of Justice in order to assist the reader of the draft Bill. ... These Explanatory Notes explain what each part of the draft Bill will mean in practice; provide background information on the development of policy; and provide additional information on how the draft Bill will affect existing legislation in this area."
  • 25/06/22
    (2157)
    : Case (Residence). A NHS Foundation Trust v G [2021] EWCOP 69 — G, now 27 years old, had been in a children's hospital since the age of 13. The court decided that it would be in her best interests to be discharged to a care home instead of to her family. The CCG were unprepared to pay the cost of a move home at that point so in reality there were only two options (the care home or the hospital).
  • 25/06/22
    (2133)
    : Case (Injunctions). A NHS Foundation Trust v G [2022] EWCOP 25 — G, now 27 years old, had been in a children's hospital since the age of 13. A previous judgment had decided that she should be transferred to a care home prior to any return home, but her father had sabotaged that placement. The Trust sought injunctive relief against G's father, mother and grandmother, in order to put in place clear boundaries to manage their behaviour. The family argued unsuccessfully that the s16(5) MCA 2005 power to make further "necessary or expedient" orders applied only in the context of the appointment of deputies, that s47(1) MCA 2005 (and therefore s37(1) Supreme Court Act 1981) is not apt to cover restricting behaviours in the context of either a hospital or care home, and that little or no weight should be afforded to the hearsay evidence of anonymous nurses about the father's behaviour. The court granted the relief sought.
  • 21/06/22
    (0946)
    : COPUG minutes. COP User Group, 'Minutes of Court User Group Meeting' (20/4/22) — Topics include: Operations/Delivery Manager’s Report (Challenges and Recovery; Improvements; E-application and upfront notification pilot update; Document Upload Centre); Update from the Mental Capacity Policy Team; Hourglass - Safer Ageing goes 24/7; Costs on account; Proposal for workshop re streamlined applications; Open Justice Court of Protection Project (Listings; Transparency orders); SFE members (why so few so few finance and property cases are reported).

Medical Member of the Tribunal no later than 3 days before the Tribunal."

  • 20/06/22
    (0957)
    : Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 122, May 2022) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: Fact-finding in relation to coercive and controlling behaviour; habitual residence; and how recent should evidence be for the deprivation of liberty of a child? (2) In the Property and Affairs Report: The Governments to the ‘Moderninsing Lasting Powers of Attorney’ consultation. (3) In the Practice and Procedure Report: Balancing privacy and open justice; costs of proceedings; and compliance with practice directions. (4) In the Wider Context Report: Mental Health Act reform; COVID-19 in care homes; and MARSIPAN is replaced. (5) In the Scotland Report: The World Congress; the Scott Review; and more on the PKM Litigation and Guardians’ remuneration."
  • 20/06/22
    (0953)
    : Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 121, April 2022) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: Draft MCA and LPS Code published; capacity to terminate a pregnancy; the (limited) role of the Inherent Jurisdiction; and is an application needed in all vaccine disputes? (2) In the Property and Affairs Report: the Court of Appeal weighs in on testamentary capacity, and the evidence used to prove it; and an invitation to the pilot for digital submission of property and affairs cases; (3) In the Practice and Procedure Report: reporting restrictions; the role of COP in MHA discharge planning; costs; and notable conferences on capacity; (4) In the Wider Context Report: the impact of s.49 reports on mental health professionals; Article 2 and 3 damages claim; the M’Naghten test considered; and is having a deputy an Article 14 ‘status’? (5) In the Scotland Report: Guardians’ remuneration; open justice or anonymisation; and still time to contribute to the Scott Review or sign up to the World Congress on Adult Capacity in Edinburgh."
  • 20/06/22
    (0929)
    : Case (Unlawful detention). K v Clinical Director of Drogheda Department of Psychiatry [2022] IEHC 248 — The patient was discharged by the tribunal but almost immediately re-detained, initially under short-term holding power (under the Southern Irish MHA), when she tried to leave. Her detention was unlawful for two reasons: (a) she did not fall within the definition of a "voluntary patient" (this was because she was not being treated; her desire to leave was irrelevant); (b) the the statutory forms had been incorrectly completed (and the "lamentable state of affairs" was not cured by a subsequent affidavit). The judge directed her release but asked her solicitor to advise her to consider remaining in hospital voluntarily.
  • 30/05/22
    (2151)
    : MAPPA guidance. HMPPS, 'MAPPA Guidance' (24/11/21) — "Multi-agency public protection arrangements are in place to ensure the successful management of violent and sexual offenders. This guidance sets out the responsibilities of the police, probation trusts and prison service. It also touches on how other agencies may become involved, for example the Youth Justice Board will be responsible for the care of young offenders."
  • 29/05/22
    (2053)
    : Event. Bond Solon: Record Keeping (online, 9/9/22) — "Records, including notes, are an essential tool which health and social care professionals must be able to use effectively to meet their various legal and professional responsibilities. This interactive course has been designed to give an understanding of how, when, and why to write timely and accurate records, as well as how they can be used to defend recollection under cross-examination in a courtroom environment." Cost: £145 plus VAT. See Bond Solon website for further details and booking information.
  • 29/05/22
    (2049)
    : Event. Bond Solon: Record Keeping (online, 25/7/22) — "Records, including notes, are an essential tool which health and social care professionals must be able to use effectively to meet their various legal and professional responsibilities. This interactive course has been designed to give an understanding of how, when, and why to write timely and accurate records, as well as how they can be used to defend recollection under cross-examination in a courtroom environment." Cost: £145 plus VAT. See Bond Solon website for further details and booking information.
  • 23/05/22
    (1230)
    : Case (Ex turpi causa). Lewis-Ranwell v G4S Health Services (UK) Ltd [2022] EWHC 1213 (QB) — The claimant killed three men, was found not guilty of murder by reason of insanity, then sought damages from G4S, the police, the NHS trust and the county council. The argument that his claim should be struck out on the grounds of illegality was unsuccessful: "The law would not be condoning wrongdoing because the jury's verdict means there was none."
  • 13/05/22
    (0936)
    : FFP release notes and user guide. MHA Free Form Project, 'Release notes' (v4, 5/5/22) — The release notes contain this list of updates: (1) Toggle boxes for deletions on forms now strikethrough text rather than deleting it entirely, wherever practicable; (2) List boxes embedded in text for choices such as nearest relative delegation options have been replaced with more user-friendly dropdown boxes; (3) Completion check code now checks that method of reception of a form matches the method of furnishing it stated in a previous part of the form. The forms are available on the Mental Health Act 1983 Statutory Forms page.

Monthly updates

The relevant month's updates, categorised and on one webpage: