Miscellaneous external links

This page contains links to external articles and sites which do not easily fit into any existing pages. See also Forthcoming judgments.

Links

• Commission on Acute Adult Psychiatric Care, 'Old Problems, New Solutions: Improving Acute Psychiatric Care for Adults in England' (9/2/16) . Introduction from CAAPC website: "The report highlights system-wide problems in mental healthcare in England including variable quality of care on inpatient units, inadequate availability of inpatient care or alternatives to inpatient admission, and patients remaining in hospital for longer than necessary due to inadequate residential provision. The Commission’s report consequently recommends significant changes to how services are commissioned, organised and monitored across the whole mental health system. It also calls for faster access to acute care and an end to sending severely-ill mental health patients long distances for treatment." See also: (1) CAAPC website; (2) summary document .

• Five Finger Death Punch, 'Wrong Side of Heaven' (music video, 11/8/14). Listen to this song then send your money to the Royal British Legion, Combat Stress or another similar charity. The song and accompanying video are about soldiers on operations and post-traumatic stress disorder.

• Just Giving, 'Paul's British Isles Walk: Walking through The British Isles for Big C' (April-May 2015). Paul Veitch is a great mental health solicitor who has given permission this link to be included here. Introductory story from website: "Two years ago I was diagnosed with incurable bowel cancer as it had secondaried into my lymph system. So far I have responded very well to treatment and so I am embarking on a two month walk mainly because I love nature and walking. If all goes well I plan to walk part of the east coast of Suffolk and Essex, the Ridgeway National Trail, the South Downs Way and Saint Cuthberts Way. I will then spend a week with the community on Iona and then in May walk up the West Coast of the outer Hebrides. I should be walking approximately 400 miles. While we all want to be cured of cancer, just as important is to be cared for, and that is why I have chosen the Big C as a charity if you would like to make a donation. Big C provides that care by giving sufferers the space to relax in their centres. They also give practical help and advice, friendship and support as well as supporting research."

• Rebecca Carter, 'Is the Mental Capacity Act incompatible with the ECHR?' (Halsbury's Law Exchange, 10/1/14)

• Sarah Knapton, 'Sex therapy in prisons does not stop rapists reoffending, warns expert' (Telegraph, 28/1/15)

• National Offender Management Service, 'Mental Health Treatment Requirement: Guidance on Supporting Integrated Delivery' (30/12/14) . Introduction and detail from Government website: "This (non-statutory) guidance seeks to provide support to service commissioning and provider agencies so that appropriate mental health service provision and inter-agency partnerships enable Mental Health Treatment Requirements (MHTR) delivery locally. The guidance reflects the changes to responsibility for probation services in England and Wales from 2014 resulting from the Government’s Transforming Rehabilitation reforms and the Offender Rehabilitation Act 2014. Information on who to contact for further information is also included."

• Houses of Parliament Parliamentary Office of Science and Technology, 'Parity of Esteem for Mental Health' (Postnote no.485, 7/1/15) . Description from Parliament website: "Achieving parity of esteem between mental and physical health in care standards and public attitudes has been attempted for decades. This note outlines the history of these efforts, the various ways in which parity is defined and measured, the challenges of achieving this ideal and the strategies that may be employed to that end."

• Michael Buchanan, 'Seven mental health patients died waiting for beds (BBC News, 28/11/14) . Extract: "Seven mental health patients have killed themselves in England since 2012 after being told there were no hospital beds for them, the BBC has learned."

• Healthwatch, 'People's inquiry to uncover pitfalls of discharge from hospitals and care homes' (press release, 7/5/14). Extract: "Healthwatch England is today launching our first ever special inquiry to find out why things so often go wrong when people are discharged from health and social care institutions. In contrast to standard public inquiries, this investigation will be led by people with direct experience of unsafe discharge and will reach out to communities right across the country through site visits, focus groups, public hearings, and the mobilisation of the 148 local Healthwatch, to hear real life experiences of the discharge process and learn what can be done to improve outcomes." Website pages include "Tell us your story about leaving hospital or care" and "Get your organisation involved".

• Kashmira Gander,' Mental Health Cop Twitter account suspended: Inspector's feed under investigation by West Midlands Police' (Independent, 17/2/14)†

• West Midlands Police, 'Statement about suspension of "Mental Health Cop" Twitter account' (15/2/14)†

• Emergency Shorts website: Mental Health Cop. The blog posts are, at the time of writing, still available on this website.

• CTV News, 'Community rallies behind husband of brain-dead pregnant woman (3/2/14)†

• Thoughts by Dylan Benson: The story of Dylan and Iver (blog)

• Paul Swift et al, 'What happens when people with learning disabilities need advice about the law?' (Norah Fry Research Centre, July 2013) (PDF)

• Robin Hopkins, 'Confidentiality of medical information after patient’s death: two new Upper Tribunal decisions' (Panopticon Blog, 14/11/13)†

• Rowena Mason, 'Doctors, nurses and managers to face five years in jail if they neglect patients' (Guardian, 16/11/13)†

• Tim Brown, 'Mental impairment. How does the employer know? Cox v Essex County Fire and Rescue Service' (13KBW Employment Blog, 18/11/13)†

• Polly McConnell and Jenny Talbot, 'Mental health and learning disabilities in the criminal courts: Information for magistrates, district judges and court staff' (Prison Reform Trust and Rethink Mental Illness, September 2013)† Chapter headings are: (1) Welcome and introduction; (2) How to use this information; (3) Mental Health; (4) Learning disability; (5) Other disabilities and impairments; (6) Co-morbidity and dual diagnosis; (7) Right to a fair trial and fitness to plead; (8) Vulnerable defendants in court; (9) Supporting vulnerable defendants in court; (10) Bail and remand decisions; (11) Liaison and diversion services; (12) Sentencing; (13) Breach; (14) Mental Health Act; (15) References

• Department of Health, 'Records Management: NHS Code of Practice' (30/3/06)†

• Department of Health, 'Analysis of the Consultation on Allocation Options for the Funding for Independent Mental Health Advocate Services and the treatment of Armed Forces compensation in charging for social care' (31/10/12)†

• Department of Health, 'Winterbourne View Hospital: Department of Health review and response' (various documents)†

• Paul Milligan, 'NHS trust fined £500,000 after female care worker was stabbed to death by dangerous bipolar patient "who never should have been sent to care home"' (Daily Mail, 19/7/12)†

• Manchester Mule, 'Manchester hit by £28m in cuts to mental health care' (4/10/12)

• Local Government Lawyer, 'Mental health trust to retake cuts decision after legal challenge' (19/7/12)

• Press Association, 'Wales organ donation opt-out: Q&A' (Guardian, 3/7/13)

• Lucy Series, 'My top ten Mental Capacity Act resources' (The Small Places Blog, 27/12/12). This article recommends the following resources: (1) Mental Health Law Online, (2) 39 Essex Street Court of Protection Newsletter, (3) Court of Protection Law Reports, (4) Mental Capacity Act Manual, (5) Social Care Institute for Excellence, (6) Google Alerts, (7) Essex Autonomy Project, (8) Mental Health Foundation MCA literature review, (9) Mental Disability Advocacy Center, (10) Twitter.

• Panorama, 'Undercover Care: The Abuse Exposed' (broadcast 31/5/11). Available to view online for 12 months from the date of broadcast

• Guardian, 'Smokers win right to challenge hospital ban' (6/5/11). Silber J gave permission to seek judicial review of Chadwick Lodge's policy of prohibiting smoking on hospital grounds (indoors or outdoors) or on escorted community leave. See Smoking.

• Julian Hendy, 'Scandal of mentally ill man who killed his father, was then released...and killed his mother' (Mail on Sunday, 10/4/11). This article is critical of mental health services, including mental health tribunals (for being in private), internal homicide inquiries (for being unreliable) and independent inquiries (for being repeatedly ignored).

• Mark Gould, 'Mental health patients complain of "zombification"' (Guardian, 15/3/11). This article discusses the increasing use of detention and CTOs.

• BBC, 'Care workers use glove puppet to bully elderly women', 6/1/11. This article involves a prosecution under MCA 2005 s44.

• Private Eye, 'Mental Health: Catch 22' (Eye 1277, 10-23 December 2010). This article refers to the situation where Article 5 prevented patients from being discharged from hospital to conditions which amounted to a deprivation of liberty (which is no longer the case following SSJ v RB [2010] UKUT 454 (AAC)).

• Hugh Southey QC and Jesse Nicholls, 'Mental Health Law Update', presentation by Hugh Southey to Mental Health Lawyers Association conference on 19/11/10

• Fiona Bawdon, 'Mental health patients face legal aid delay', Guardian 9/11/10 - This article is about the effect of the LSC's refusal to grant additional 'matter starts' to mental health law firms towards the end of the current contract period

• Channel 4 News: Family condemn 'barbaric' council over removal (text and video) - (video only) - 5/8/10 - This relates to G v E, Manchester City Council and F [2010] EWHC 2042 (Fam)

• BBC: Madness in the Fast Lane - 10/8/10 - Tabloid television about a mentally-ill lady's progress through the justice system

• BBC File on Four: 'Court of Protection cost me £50,000' - Broadcast on 27/7/10, repeated on 1/8/10 and available on BBC website

• Guardian: Philosophers are helping doctors with dilemmas over life-and-death decisions - 29/6/10

• Press Association: Dangerous mental patients fitted with tracking device - 5/6/10

• BBC iPlayer: Mental: A History of the Madhouse - broadcast on 17/5/10 and 20/5/10 - Documentary about the closure of Britain's mental asylums

• Guardian: BBC4 to screen mental health documentary on sectioning - published 11/5/10 - The programme will be shown on 19/5/10 at 2100hrs.

• HundredFamilies.org: Practical information for families affected by mental health homicides in Britain - This detailed website was created alongside the BBC2 documentary "Why did you kill my dad?" which was shown on 1/3/10

• BBC: Why Did You Kill My Dad?

• Tristan Donovan, 'Court of Protection adds weight to social worker evidence in mental capacity assessments' (Community Care, 4/4/14)

Google

• Google News results for articles on Mental Health Act or Mental Capacity Act

INFORMATION

• Representation
  • The role of the mental health lawyer
  • Ethical and other conduct guidance for lawyers
  • Case preparation
• Civil sections and CTOs
  • Section 2: admission for assessment
  • Section 3: admission for treatment
  • Section 4: emergency admission for assessment
  • Section 5: holding powers
  • Section 7: guardianship
  • Community Treatment Order
• Criminal sections
  • Section 37: hospital order
  • Section 37/41: hospital order with restrictions
  • Conditional discharge resources
  • Sections 47, 48 and 49: transferred prisoners
  • Prison sentences
  • Notional s37
  • Section 45A: hospital direction
  • Section 38: interim hospital order
  • Section 135: Warrant to search for and remove patients
  • Section 136: Mentally disordered persons found in public places
  • Section 35: Remand to hospital for report on accused’s mental condition
  • Section 36: Remand of accused person to hospital for treatment
  • Section 37: guardianship order
  • Section 43: committal by magistrates for restriction order
  • Section 44: committal to hospital under s43
  • Section 51(5): hospital order without conviction
  • Detention under insanity legislation
  • Admission order
• Aftercare
  • Patients who are eligible for aftercare
  • The aftercare duty and its duration
  • The definition of aftercare
  • Charging for aftercare services
  • Which authority pays for aftercare
  • Ordinary residence ...
• Mental Health Tribunal
  • Tribunal Rules
  • Preliminary legal points
    • Standard and burden of proof (MHT)
    • Delay (MHT)
    • Re-sectioning after tribunal discharge
  • Tribunal eligibility
    • Eligibility periods
    • Change in status during tribunal proceedings
  • Commentary on some FTT matters
    • Overriding objective (MHT)
    • Applications (MHT)
    • Parties (MHT)
    • Victims (MHT)
    • Representatives (MHT)
    • Notice of proceedings, and listing (MHT)
    • Medical examination (MHT)
    • Remote hearings (MHT)
    • Recording of hearings (MHT)
    • Disposal without hearing (MHT)
    • Hearing in a party’s absence (MHT)
    • Decisions by a single judge (MHT)
    • Reports (MHT)
    • Evidence (MHT)
    • Non-disclosure of documents and information (MHT)
    • Directions (MHT)
    • Adjournment and postponement (MHT)
    • Withdrawal (MHT)
    • Reinstatement (MHT)
    • Decisions (MHT)
    • Public hearing (MHT)
    • Wasted costs (MHT)
    • Appealing against a tribunal decision (MHT)
• Mandatory and discretionary references
• Nearest relative
  • Patients who have a nearest relative
  • Identification of nearest relative
  • Nearest relative powers
    • Nearest relative powers - introduction
    • Nearest relative's right to receive information
    • Right to apply to Tribunal
    • Right to be consulted and to object to s3 admission
    • Right to discharge from guardianship
    • Right to request discharge of s2 or s3 or CTO
    • Dangerousness criterion
  • Changing the nearest relative
    • Delegation by existing nearest relative
    • Displacement (appointment) by county court
  • Nearest relative - miscellaneous
• Legal Aid
  • Contracts
    • Standard Civil Contract 2014
    • Standard Civil Contract 2018
    • Standard Civil Contract 2024
  • Main types of funding
    • Certificated (licenced) work
    • Controlled work
  • Legal Aid eligibility
    • Merits tests
    • Means testing
  • The scheme
    • The mental health fee scheme
    • Hourly rates and fixed fees
    • Escape fee cases
    • Legal Aid for appeals
    • Disbursements, including independent experts
  • Other pages
    • Peer review
    • Transaction criteria
    • Legal Aid in the Court of Protection
    • Legal Aid Agency Liverpool Office
    • Legal Aid forms
    • Legal Aid guidance documents
  • Legal Aid archive
    • Legal Aid information archive
    • Legal Aid News archive
    • Non-means-tested non-tribunal matters
    • Residence test
• International law
  • The ECHR and mental health law
  • The CRPD and mental health law

• Representation
• Civil sections and CTOs
• Criminal sections
• Aftercare
• Mental Health Tribunal
• Mandatory and discretionary references
• Nearest relative
• Legal Aid
• International law

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• Changes made by MHA 2007
  • 16- or 17-year-old with capacity cannot be detained on basis of parental consent
  • Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
  • Additional safeguards for ECT introduced in new s58A
  • Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
  • Approved Mental Health Professional replaces Approved Social Worker
  • Automatic reference scheme under s68 changed
  • Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
  • Civil partners are treated as if married when determining nearest relative
  • Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
  • Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
  • Fundamental principles set out in Act and included in Code of Practice
  • Higher penalties for offences under Act
  • Hospital direction patients can no longer apply to Tribunal during first six months
  • Hospital directions under s45A apply to any mental disorder
  • Legal status of Code of Practice set out in Act
  • Limitation to the exceptions to the duty to instruct IMCA
  • Mental disorder no longer split into separate classifications
  • Minor drafting error in MCA 2005 corrected
  • New cross-border arrangements for leave and transfer
  • New definition of medical treatment
  • New Independent Mental Health Advocate scheme
  • New procedure for renewal of detention
  • New regulations on conflicts of interest
  • New requirements for age-appropriate accommodation for children
  • NHS Foundation Trusts discharge power problem remedied
  • Organisation of Mental Health Review Tribunal changed
  • Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
  • Patients can be transferred between places of safety under s135 and s136
  • Procedure for making of instruments by Welsh Ministers set out
  • Reference to Local Health Boards inserted into Act
  • Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
  • Restriction orders can no longer be time-limited
  • SOAD certificate becomes invalid when patient loses or gains capacity
  • Some exclusions to definition of mental disorder have been removed
  • Supervised Community Treatment replaces Supervised Discharge
  • Transitional provisions until full implementation of MHA 2007
  • Treatment while under SCT is covered by new Part 4A
• Coronavirus
  • Coronavirus resources
  • Court of Protection and coronavirus
  • Legal Aid and coronavirus
  • Mental capacity and coronavirus
  • Mental Health Tribunal and coronavirus
  • MHRT for Wales and coronavirus
  • MHT for Scotland and coronavirus
  • Remote assessments and coronavirus
• Courts
  • Court of Protection
  • Hospital Managers' Hearing
  • House of Lords
  • Inquests
  • Mental Health Review Tribunal
  • Mental Health Review Tribunal for Wales
  • Mental Health Tribunal
  • Parole Board
  • Upper Tribunal
• Forms
  • Court of Protection forms
  • Judicial review forms
  • Mental Health Act 1983 Statutory Forms
  • Tribunal forms
• General information pages
  • Children and mental health law
  • Civil restraint order
  • Complaints procedure
  • Consultations
  • Electronic signatures
  • Euthanasia and assisted suicide
  • Ian Brady
  • Independent investigations
  • Jury service
  • Leave of absence
  • Mental disorder and driving
  • Ministry of Justice
  • Miscellaneous external links
  • Murder
  • Newsletters
  • Nuisance or disturbance on hospital premises
  • Power to specify hospital units
  • Public tribunal hearings
  • Repatriation
  • Reports to Prevent Future Deaths
  • Smoking
  • Summary of routes to discharge
  • Summary of types of detention
  • Transfer
  • Victims of crime
  • Victims' rights to make representations and receive information
  • Voting rights for detained patients
  • Welfare benefits
• Glossary pages
  • Glossary
  • Key sources of information
  • Other glossary pages
    • Adult Social Care
    • Advance decision
    • Application of MHA 1983 to Armed Forces
    • Barring order
    • Brief glossary
    • British National Formulary
    • Care Programme Approach
    • Compulsory treatment
    • Displacement proceedings
    • Enduring Power of Attorney
    • Extra-statutory recommendations
    • Guardianship
    • High secure hospital
    • Home Office Circulars
    • IPP
    • Judicial review
    • Judicial review pre-action protocol
    • Lasting Power of Attorney
    • Learning disability
    • Mental disorder
    • Part 36
    • Prison law
    • Recall
    • Recommendations
    • Responsible authority
    • Sexual Harm Prevention Order
  • Professionals
    • Appropriate adult
    • Approved Mental Health Professional
    • Approved Social Worker
    • Independent Mental Capacity Advocate service
    • Independent Mental Health Advocate service
    • Responsible Clinician
    • Responsible Medical Officer
    • Second Opinion Appointed Doctor
  • Types of detention
    • All types of detention
    • Summary of the detaining sections
  • Types of discharge
    • Deferred discharge
    • Deferred discharge of unrestricted patient
    • Full discharge of unrestricted patient
    • Summary of types of discharge
    • Supervised discharge
  • Types of patient
    • Restricted patient
    • Technical lifer status
    • Unrestricted patient
• Legislation overviews
  • Mental Capacity Act 2005 Overview
  • Mental Health Act 1983 Overview
  • Mental Health Act 2007 in force dates
  • Mental Health Act 2007 Overview
• Mental capacity law
  • Capacity to consent to sexual relations
  • Court of Protection Practice Directions
  • Deprivation of Liberty Safeguards
  • Interface between MHA and MCA
  • Liberty Protection Safeguards
• Organisations
  • Administrative Justice and Tribunals Council
  • All Party Parliamentary Group on Legal Aid
  • Care and Social Services Inspectorate Wales
  • Care Services Improvement Partnership
  • Civil Contracts Consultative Group
  • Commission for Social Care Inspection
  • Community Care (company)
  • Court of Protection User Group
  • Crown Prosecution Service
  • Department of Health and Social Care
  • Essex Mental Health Independent Inquiry
  • European Union Agency for Fundamental Rights
  • Family Law Week
  • Fixated Threat Assessment Centre
  • General Medical Council
  • Gov.uk website
  • Health Professions Council
  • Healthcare Commission
  • Healthcare Inspectorate Wales
  • House of Lords Select Committee on the Mental Capacity Act 2005
  • HUDOC
  • International Classification of Diseases (ICD)
  • International Journal of Mental Health and Capacity Law
  • Joint Committee on the Draft Mental Health Bill
  • Judiciary
  • Law Commission
  • Legal Ombudsman
  • Legislation.gov.uk
  • MAPPA
  • Mental Health Act Commission
  • Mental Health Lawyers Association
  • National Confidential Inquiry into Suicide and Safety in Mental Health
  • National Mental Health Development Unit
  • National Policing Improvement Agency
  • Office of Fair Trading
  • Office of Public Sector Information
  • Office of the Public Guardian
  • Official Solicitor
  • PPMHG
  • Royal College of Psychiatrists
  • Sentencing Council
  • Solicitors Regulation Authority
  • Statute Law Database
  • Tribunal Procedure Committee
  • Venice Commission
  • Care Quality Commission pages
    • Care Quality Commission
    • CQC - DOLS reports
    • CQC - MHA reports
    • CQC - Other links
    • CQC - State of Care reports
    • CQC - Surveys
  • Charities
    • Bailii
    • Incorporated Council of Law Reporting
    • Inquest (Charity)
    • Mind (Charity)
    • Rethink Mental Illness
    • Social Care Institute for Excellence
• Other jurisdictions
  • Northern Ireland
    • Mental health law in Northern Ireland
    • Review Tribunal (Northern Ireland)
  • Scotland
    • Mental Welfare Commission for Scotland
    • Mental Health Tribunal for Scotland
    • Mental health law in Scotland
  • Southern Ireland
    • Mental health law in Southern Ireland
  • Wales
    • Mental health law in Wales
    • Welsh Assembly emails archive (2010-2012)
• Psychiatry
  • Consent to treatment provisions
  • Covert administration of medication
  • Definition of mental disorder
  • Dual diagnosis
  • Improving Access to Psychological Therapies
  • Insight
  • Psychiatric information
  • Psychiatric medication
  • Psychopathic disorder
  • Treatability test
• Statistics
  • Statistics - Ethnicity
  • Statistics - Ministry of Justice
  • Statistics - Miscellaneous
  • Statistics - NHS Digital - Detention and CTO
  • Statistics - NHS Digital - DOLS
  • Statistics - NHS Digital - Guardianship
  • Statistics - NHS Digital - Other
  • Statistics - Tribunal
  • Statistics - Welsh Assembly Government
• The Law Society
  • Law Society
  • Law Society mental capacity (welfare) accreditation scheme
  • Law Society mental health accreditation scheme
  • Law Society mental health accreditation scheme - CPD requirements
  • Law Society mental health accreditation scheme - guidance documents
• Things to sign up for
  • CPD scheme
  • Email updates
  • Online forum
  • Subscriptions

• Changes made by MHA 2007
• Coronavirus
• Courts
• Forms
• General information pages
  • Children and mental health law
  • Civil restraint order
  • Complaints procedure
  • Consultations
  • Electronic signatures
  • Euthanasia and assisted suicide
  • Ian Brady
  • Independent investigations
  • Jury service
  • Leave of absence
  • Mental disorder and driving
  • Ministry of Justice
  • Miscellaneous external links
  • Murder
  • Newsletters
  • Nuisance or disturbance on hospital premises
  • Power to specify hospital units
  • Public tribunal hearings
  • Repatriation
  • Reports to Prevent Future Deaths
  • Smoking
  • Summary of routes to discharge
  • Summary of types of detention
  • Transfer
  • Victims of crime
  • Victims' rights to make representations and receive information
  • Voting rights for detained patients
  • Welfare benefits
• Glossary pages
• Legislation overviews
• Mental capacity law
• Organisations
• Other jurisdictions
• Psychiatry
• Statistics
• The Law Society
• Things to sign up for

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