An online forum is now available: visit the forum to see how it works and get involved. The 1/12/20 MHA statutory forms are now available.


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Recent updates on website

For details of any news item, click on the relevant link below.

  • 03/12/20
    : Case (Unlawful refusal to adjourn). GL v Elysium Healthcare [2020] UKUT 308 (AAC) It was wrong for the tribunal to have proceeded with the telephone hearing because: (1) the tribunal had, without investigation, assumed that the patient's flatmate (with whom he was self-isolating to avoid coronavirus) could not overhear; (2) the tribunal had improperly dealt with the patient's anxiety: either it had concluded, without investigation, that the anxiety was without foundation (when he had in fact previously been assaulted because other patients discovered his history), or it had believed the same anxiety would arise at a future hearing (when in fact it arose from the specific circumstances that day); the tribunal should have considered whether his anxiety was genuine and, if so, the impact on his ability to participate; (3) the tribunal had wrongly approached the adjournment request as if the patient had been concerned with the mode of hearing (i.e. telephone) rather than the fear of being overheard that day.
  • 03/12/20
    : Parole Board mental health guidance. Parole Board, 'Guidance on Restricted Patients and the Mental Health Act' (v1.0, October 2020) — "This guidance provides information on the different types of transfers under the Mental Health Act 1983 (as amended 2007) and guidance to Parole Board members sitting in secure mental health settings. This replaces the following pieces of guidance: (1) Member Case Assessment Guidance - Annex 6 - Guidelines for MCA members on assessment of cases where the offender is held within a mental health unit (MHU) establishment. (2) References to the previous guidance have also been removed from: Oral Hearing guide - Chapter 1 - Pre-Hearing Issues (section 5)"
  • 30/11/20
    : Statutory forms guidance. DHSC, 'Electronic communication of statutory forms under the Mental Health Act' (27/11/20) — "An amendment to Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 allows many of the statutory forms under the Mental Health Act 1983 (MHA) to be communicated electronically. This guidance explains: (1) the circumstances in which statutory forms and other documents can be sent electronically; (2) best practice for sending them electronically; (3) general principles around sending, signing and storing electronic forms."
  • 30/11/20
    : 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
  • 23/11/20
    : 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.
  • 21/11/20
    : Case (Expert evidence guidance). AMDC v AG [2020] EWCOP 58 The 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.
  • 20/11/20
    : 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."
  • 13/11/20
    : 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.
  • 13/11/20
    : 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.
  • 13/11/20
    : 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.
  • 09/11/20
    : Case (Ex turpi causa). Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 The 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).

Monthly updates

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November 2020 update: the month's updates, categorised and on one webpage