October 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.
- Cases. On 31/1017 Mental Health Law Online contained 1863 categorised cases
- Chronology. See October 2017 chronology for this month's changes to the website in date order.
Case law
- Upper Tribunal case. DL-H v West London MH Trust [2017] UKUT 387 (AAC), [2017] MHLO 33 — Click on link to view page.§
- Secure accommodation case. A Local Authority v AT and FE (Child, no approved secure accommodation available, deprivation of liberty) [2017] EWHC 2458 (Fam), [2017] MHLO 32 — Click on link to view page.§
- Inquest case. R (Silvera) v HM Senior Coroner for Oxfordshire [2017] EWHC 2499 (Admin), [2017] MHLO 34 — Click on link to view page.§
- Criminal appeal case. R v Bala [2017] EWCA Crim 1460, [2017] MHLO 31 — Click on link to view page.§
Independent review of MHA
- Department of Health, 'Policy paper: Terms of Reference - Independent Review of the Mental Health Act 1983' (4/10/17). Extract from website: "The independent review of the Mental Health Act will: (a) look at how the legislation is currently used; (b) look at its impact on service users, families and staff; (c) make recommendations for improving the legislation and related practices. The review will be chaired by Professor Sir Simon Wessely, a former President of the Royal College of Psychiatrists. He will produce an interim report in early 2018 and develop a final report containing detailed recommendations, by autumn 2018." See Department of Health#Independent review of the MHA 1983
Law Society
- Mental health panel re-accreditation process. Jane Sweetman, 'Mental Health Accreditation: changes to the re-accreditation process' (email from Law Society, 19/10/17) — This email describes changes to the re-accreditation process: (1) from 1/3/18 re-accreditation applicants may, and from 1/6/18 must, adhere to the following new requirements: (a) provide details of two (rather than four) case reports, and (b) "undertake one case study, which will be either a s2, s3 or restricted case, plus questions to draw out not only your legal knowledge, but also an understanding of how you would approach and represent such a client"; (2) from the next renewal date, applicants must undertake six tribunals per accreditation year (with discretion applied, for example, for those taking a career break or undertaking high profile work). The changes are subject to reasonable adjustments for applicants with a disability. The changes in this email never made their way into any of the official guidance documents.§
CQC
- CQC, 'The state of health care and adult social care in England 2016/17' (10/10/17). details. See Care Quality Commission#CQC - State of Care
Job advert
- Job advert. Huntercombe Hospital, Roehampton - Mental Health Act Administrator (deadline 26/10/17). See Jobs
Events
- Edge Training: AMHP Conference - London, 15/12/17 — No results
- Edge Training: DOLS MH Assessor Annual Refresher Course - London, 13/10/17 — No results
- Criminal appeal case. R v Bala [2017] EWCA Crim 1460, [2017] MHLO 31 — Click on link to view page.§
- Edge Training: BIA assessments with People who have Learning Difficulties - London, 13/10/17 — No results
- Edge Training: Best Interests Assessors Legal Update Course - London, 13/11/17 — No results
- Edge Training: DOL in children and young people - London, 17/11/17 — No results
- Edge Training: Deprivation of liberty in the community - London, 1/12/17 — No results
- Edge Training: DOLS MH Assessor Annual Refresher Course - London, 4/12/17 — No results
- Edge Training: DOLS Authorised Signatories - London, 8/12/17 — No results
- Edge Training: Best Interests Assessors Legal Update Course - London, 18/12/17 — No results
Court of Protection: M, Re Mental Capacity Act 2005 [2017] EWCOP 24 (31 May 2017) https://t.co/73xbLZcDhA
— Mental Health Law (@MHLonline) October 31, 2017
The Mental Health Act (Police Statons as a Place of Safety) Regulations 2017 - https://t.co/iOB5Fkvomj
— Insp Michael Brown (@MentalHealthCop) October 31, 2017
Court of Protection Rules 2017 – all change https://t.co/a0JzCMks4N
— Alex Ruck Keene (@Capacitylaw) October 31, 2017
The Policing and Crime Act amendments to the Mental Health Act will come in to effect on 11th December 2017 - https://t.co/WdzfoTzwe0
— Insp Michael Brown (@MentalHealthCop) October 31, 2017
‘Teen Bournewood’: Court of Appeal decision now out https://t.co/6qm5Nw6kJy
— Alex Ruck Keene (@Capacitylaw) October 31, 2017
"Family of woman brain-damaged after fall seek removal of her feeding tube" https://t.co/Fhkxc1aqZ6
— Mental Health Law (@MHLonline) October 30, 2017
"Legal literacy a factor in death of man who refused medical treatment" https://t.co/Lc0ICcwbqy
— Mental Health Law (@MHLonline) October 30, 2017
BMA - "CCGs plan to halve spending on mental health" https://t.co/074supcx7W
— Mental Health Law (@MHLonline) October 30, 2017
"Government reportedly planning to allow some UK prisoners to vote" https://t.co/vaYg2n0v46
— Mental Health Law (@MHLonline) October 30, 2017
The obsequies of monsters - analysis of the High Court decision on the funeral and disposal of the body of Ian Bradyhttps://t.co/dwDSPYlQam
— Barbara Rich (@BarbaraRich_law) October 30, 2017
The full report of "Independent Review of Deaths and Serious Incidents in Police Custody"; the Angiolini Report - https://t.co/EAv6hgnNGA
— Insp Michael Brown (@MentalHealthCop) October 30, 2017
DoLS reform to take account of planned Mental Health Act changes.https://t.co/CGu1BR0uhP
— Community Care (@CommunityCare) October 30, 2017
Court of Protection: Salford Royal NHS Foundation Trust v Mrs P & Anor [2017] EWCOP 23 (30 October 2017) https://t.co/t94qCpELxj
— Mental Health Law (@MHLonline) October 30, 2017
Court of Protection: Nottingham City Council v JT [2017] EWCOP 22 (12 October 2017) https://t.co/iaE2NWUSXN
— Mental Health Law (@MHLonline) October 30, 2017
Court of Protection: PL v Sutton Clinical Commissioning Group & Anor [2017] EWCOP 22 (11 September 2017) https://t.co/NmXZOHGTAO
— Mental Health Law (@MHLonline) October 30, 2017
Deprivation of Liberty Safeguards - Commons Library briefing - UK Parliament https://t.co/pvGEFjoPZL
— CHSCL (@CHSCLaw) October 28, 2017
Annual statistics on multi-agency public protection arrangements (MAPPA) eligible offenders 26 Oct 2017 - https://t.co/BJEiXVl5zC
— David Cochrane (@dlgcochrane) October 29, 2017
Ooowwwwwwwwww.... we think we have nailed flowcharts for accessing advocacy #fingerscrossed
Get yours herehttps://t.co/xuXgfJNe8G— Kate Mercer (@KMercerTraining) August 3, 2017
"Investigations into 'power of attorney' double in three years'" | via @telegraph https://t.co/jkDLcgoMqk
— Mental Health Law (@MHLonline) October 28, 2017
The @PoliceChiefs statement from @PGCCMarkCollins on the publication of yesterday’s s136 data — https://t.co/yCb66IBdJI pic.twitter.com/xya5msNWf7
— Insp Michael Brown (@MentalHealthCop) October 27, 2017
"Nurse headbutted by patient in 'violent attack' left with 'catastrophic' injuries" https://t.co/7fhrIQdYYs
— Mental Health Law (@MHLonline) October 28, 2017
Ooh look. It's that chubby old geezer speaking at the National Advocacy Conference - https://t.co/DpWKniyGxU via @youtube
— Mark Neary (@MarkNeary1) October 26, 2017
Alex Ruck Keene address the 2017 Advocacy Conference: https://t.co/L73HUb5MP4 via @YouTube
— Kate Mercer (@KMercerTraining) October 27, 2017
The last two years’ worth of s136 usage statistics from Home Office (2017) and NPCC (2016) — pic.twitter.com/BHZSu6gheQ
— Insp Michael Brown (@MentalHealthCop) October 26, 2017
Court of Protection: The Hospital Trust v V & Ors [2017] EWCOP 20 (20 October 2017) https://t.co/MTdBsNPbMY
— Mental Health Law (@MHLonline) October 24, 2017
Public mental health crisis management and Section 136 of the Mental Health Act https://t.co/R7zKzLvekl
— J. of Medical Ethics (@JME_BMJ) October 23, 2017
Mental health panel re-accreditation process. Jane Sweetman, 'Mental Health Accreditation: changes to the… https://t.co/5ZGIbM7Ew5
— Mental Health Law (@MHLonline) October 23, 2017
Inquest case. R (Silvera) v HM Senior Coroner for Oxfordshire [2017] EWHC 2499 (Admin), [2017] MHLO 34: — "In this… https://t.co/vdOb0u7lYk
— Mental Health Law (@MHLonline) October 23, 2017
I've written this - of interest to non-lawyers intrigued by the Court of Protection's role in end of life decisions https://t.co/RSYrLcsddr
— Tor Butler-Cole (@TorButlerCole) October 20, 2017
Court of Protection Issues (Edith Ellen Foundation Lecture) https://t.co/K3X8D7DuUJ via @SlideShare
— Mental Health Law (@MHLonline) October 22, 2017
"Mundesley Hospital’s shock closure following damning care quality report" https://t.co/GCr9fqOO1O
— Mental Health Law (@MHLonline) October 22, 2017
"'Man charged with murder should not have been living in community', jury told" https://t.co/hrlRvKwwXr
— Mental Health Law (@MHLonline) October 22, 2017
LAA Update: Guidance: Civil 2018 contracts tender - Information for organisations interested in delivering face... https://t.co/BFH4boozEc
— Legal Aid Handbook (@legalaidhbk) October 19, 2017
Good grief - just reading horrifying facts of Mazhar v Lord Chancellor https://t.co/2Tc1AkyRJJ
— Lucy Series (@TheSmallPlaces) October 19, 2017
Human Rights Council approves resolution on mental health and human rights https://t.co/2ZnYbYBQ7Z #CRPD H/T @Capacitylaw
— Lucy Series (@TheSmallPlaces) October 20, 2017
"Electroconvulsive therapy mostly used on women and older people, says study" https://t.co/f9ltnfE6kc
— Mental Health Law (@MHLonline) October 21, 2017
"Man guilty of murdering refugee after calling him a rapist and terrorist" https://t.co/U0ymFj4t2O
— Mental Health Law (@MHLonline) October 21, 2017
If she wasn't scared of death wouldn't she have written Advance Decision??
Judge: This country's greatest authority on wills died intestate— Jenny Kitzinger (@JennyKitzinger) October 17, 2017
Another day, another prosecution. @H_S_E say they're to bring another case against @Southern_NHSFT over the death of Teresa Colvin in 2012.
— Michael Buchanan (@BBCMBuchanan) October 17, 2017
Latest prosecution is 3rd against @Southern_NHSFT. Fined £125k last week over Melbury Lodge, pled guilty to #JusticeforLB and now this.
— Michael Buchanan (@BBCMBuchanan) October 17, 2017
39 Essex Chambers October 2017 Mental Capacity Reports now out https://t.co/VwHwNph21S
— Alex Ruck Keene (@Capacitylaw) October 16, 2017
Sentencing remarks: Care Quality Commission -v- Southern Health NHS Foundation Trust https://t.co/0DNIZBxudJ
— Judicial Office (@JudiciaryUK) October 12, 2017
Today @Southern_NHSFT were fined £125k for failures at a #mentalhealth unit. Our report from 2016 exposed the problems pic.twitter.com/s4QwdgkjuP
— Michael Buchanan (@BBCMBuchanan) October 12, 2017
Norfolk & Suffolk MH Trust, only MH Trust to be placed on special measures is on special measures -- again. https://t.co/gOqGpiQ08U
— Masked AMHP (@MaskedAMHP) October 13, 2017
"Nurse who broke patient's jaw did not use 'excessive force'" https://t.co/Llixr9f7ZM
— Mental Health Law (@MHLonline) October 14, 2017
High Court judgment on disposal of remains of Moors murderer Ian Brady.https://t.co/R9AI2MscGx
— Judicial Office (@JudiciaryUK) October 13, 2017
Ian Brady's final wish to have 'diabolical orgy' music played at cremation rejected by judge' | via @telegraph https://t.co/ysxgHOxmIQ
— Mental Health Law (@MHLonline) October 14, 2017
"Children’s tsar savages NHS over paucity of mental healthcare" https://t.co/xBzuAtvTKX
— Mental Health Law (@MHLonline) October 14, 2017
Upper Tribunal case. DL-H v West London MH Trust [2017] UKUT 387 (AAC), [2017] MHLO 33: — Judicial summary from… https://t.co/XW51kCMPfY
— Mental Health Law (@MHLonline) October 13, 2017
Department of Health, 'Policy paper: Terms of Reference - Independent Review of the Mental Health Act 1983'… https://t.co/7kA257VIgY
— Mental Health Law (@MHLonline) October 13, 2017
CQC, 'The state of health care and adult social care in England 2016/17' (10/10/17).: details. See Care Quality… https://t.co/3UVaPIpA5a
— Mental Health Law (@MHLonline) October 13, 2017
Job advert. Huntercombe Hospital, Roehampton - Mental Health Act Administrator (deadline 26/10/17).: See Jobs https://t.co/P1QhPOKK7J
— Mental Health Law (@MHLonline) October 13, 2017
Edge Training: AMHP Conference - London, 15/12/17: — The speakers at Edge's annual AMHP conference this year are:… https://t.co/wvVtQGE68p
— Mental Health Law (@MHLonline) October 13, 2017
CONSULTATION: review of homicides by people with recent contact with mental health and learning disability services: https://t.co/jV01sf0VWM
— LegalProtectionsTeam (@lgprotect) October 13, 2017
Today we have published #StateofCare - our assessment of health and adult social care in England. Read it here: https://t.co/LQQCfrpa5G pic.twitter.com/Slj2Frtjrh
— CQCProf (@CQCProf) October 10, 2017
On #WorldMentalHealthDay - ICYMI: our Focus Report on the common issues we see in assessing mental capacity & DoLS https://t.co/Ms1ndu3KrN
— LG & SC Ombudsman (@LGOmbudsman) October 10, 2017
OUT TODAY: Find out what @CareQualityComm has to say about the #StateofCare in England based on 29,000 inspections https://t.co/6lHtZ2IVj9
— CQC Press Office (@CQCpressoffice) October 10, 2017
Secure accommodation case. A Local Authority v AT and FE (Child, no approved secure accommodation available,… https://t.co/MCqcniKhJV
— Mental Health Law (@MHLonline) October 8, 2017
Criminal appeal case. R v Bala [2017] EWCA Crim 1460, [2017] MHLO 31: — The appellant unsuccessfully argued that he… https://t.co/fv13gHY5Mc
— Mental Health Law (@MHLonline) October 8, 2017
Edge Training: DOLS MH Assessor Annual Refresher Course - London, 13/10/17: — This refresher course has been… https://t.co/XJIhTBg21j
— Mental Health Law (@MHLonline) October 6, 2017
Edge Training: BIA assessments with People who have Learning Difficulties - London, 13/10/17: — This course aims to… https://t.co/a6cwd4JVu2
— Mental Health Law (@MHLonline) October 6, 2017
Edge Training: Best Interests Assessors Legal Update Course - London, 13/11/17: — This course aims to provide an… https://t.co/PS5jFGeRwW
— Mental Health Law (@MHLonline) October 6, 2017
Edge Training: DOL in children and young people - London, 17/11/17: — This course aims to update staff working… https://t.co/SfSmCyVNhl
— Mental Health Law (@MHLonline) October 6, 2017
Edge Training: Deprivation of liberty in the community - London, 1/12/17: — This one-day course is designed to… https://t.co/GyAHdbHUVz
— Mental Health Law (@MHLonline) October 6, 2017
Edge Training: DOLS MH Assessor Annual Refresher Course - London, 4/12/17: — This refresher course has been… https://t.co/yJiuc3Clrd
— Mental Health Law (@MHLonline) October 6, 2017
Edge Training: DOLS Authorised Signatories - London, 8/12/17: — This course aims to provide guidance on the role of… https://t.co/OSR4vjWSfp
— Mental Health Law (@MHLonline) October 6, 2017
Edge Training: Best Interests Assessors Legal Update Course - London, 18/12/17: — This course aims to provide an… https://t.co/T3WyffdURB
— Mental Health Law (@MHLonline) October 6, 2017
"NHS England to face court over patient kept alive by blood transfusions" https://t.co/4oXICCPvHh
— Mental Health Law (@MHLonline) October 5, 2017