# Updates

**URL:** https://forum.mentalhealthlaw.co.uk/c/updates/18.md?page=14

[Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md)

**Page:** 15

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## [Case (Imprisonment for contempt). Sunderland City Council v MacPherson \[2024\] EWCOP 8](https://forum.mentalhealthlaw.co.uk/t/case-imprisonment-for-contempt-sunderland-city-council-v-macpherson-2024-ewcop-8/3018)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [6 December 2024 22:10 UTC](https://forum.mentalhealthlaw.co.uk/t/case-imprisonment-for-contempt-sunderland-city-council-v-macpherson-2024-ewcop-8/3018 "2024-12-06T22:10:00Z")

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— A sentence of three months' imprisonment was imposed for posts on Facebook and X in breach of an injunction, with a previously suspended sentence of 28 days made immediate, to run consecutively. The defendant was in Fr…

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## [Event. Hill Dickinson: Mental Health Providers Forum (online, 23/1/25)](https://forum.mentalhealthlaw.co.uk/t/event-hill-dickinson-mental-health-providers-forum-online-23-1-25/3081)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [7 January 2025 20:52 UTC](https://forum.mentalhealthlaw.co.uk/t/event-hill-dickinson-mental-health-providers-forum-online-23-1-25/3081 "2025-01-07T20:52:00Z")

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— This webinar will cover: summary of the changes proposed by the Mental Health Bill; learning disability and autism focus; nominated person; advance choice documents and responsibilities; implementation in practice; que…

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## [December 2024 update](https://forum.mentalhealthlaw.co.uk/t/december-2024-update/3080)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [7 January 2025 19:52 UTC](https://forum.mentalhealthlaw.co.uk/t/december-2024-update/3080 "2025-01-07T19:52:32Z")

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Website Magic Book. The Magic Book is a database of contact details. The main idea is to add the hospitals and other places you visit (not just your own place of work). To create/edit contacts, there is no need to log …

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## [Percy Report. Royal Commission on the Law Relating to Mental Illness and Mental Deficiency, 'Report' (Cmnd 169, 1957)](https://forum.mentalhealthlaw.co.uk/t/percy-report-royal-commission-on-the-law-relating-to-mental-illness-and-mental-deficiency-report-cmnd-169-1957/3072)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [6 January 2025 08:43 UTC](https://forum.mentalhealthlaw.co.uk/t/percy-report-royal-commission-on-the-law-relating-to-mental-illness-and-mental-deficiency-report-cmnd-169-1957/3072 "2025-01-06T08:43:00Z")

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— Royal Commission which reported prior to the Mental Health Act 1959. Full details available at: https://www.mentalhealthlaw.co.uk/Royal\_Commission\_on\_the\_Law\_Relating\_to\_Mental\_Illness\_and\_Mental\_Deficiency,\_%27Repor…

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## [Case (Housing Benefit, litigation capacity). Tendring District Council v AB \[2024\] EWCA Civ 1248](https://forum.mentalhealthlaw.co.uk/t/case-housing-benefit-litigation-capacity-tendring-district-council-v-ab-2024-ewca-civ-1248/3048)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [12 December 2024 14:34 UTC](https://forum.mentalhealthlaw.co.uk/t/case-housing-benefit-litigation-capacity-tendring-district-council-v-ab-2024-ewca-civ-1248/3048 "2024-12-12T14:34:00Z")

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— "At the hearing a number of separate issues were before the court namely: (i) the capacity of AB to litigate and the appointment of the Official Solicitor to act as his litigation friend; (ii) Tendring's application to…

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## [Case (Housing Benefit). Tendring District Council v SSWP \[2024\] EWCA Civ 1509](https://forum.mentalhealthlaw.co.uk/t/case-housing-benefit-tendring-district-council-v-sswp-2024-ewca-civ-1509/3047)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [12 December 2024 14:12 UTC](https://forum.mentalhealthlaw.co.uk/t/case-housing-benefit-tendring-district-council-v-sswp-2024-ewca-civ-1509/3047 "2024-12-12T14:12:00Z")

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— The council had overpaid Housing Benefit to AB, but were unable to recover it from his wife CD, because in the proceedings CD had only been appointee/representative for AB rather than a party in her own right. Full d…

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## [Law Commission homicide project. Law Commission, 'Reviewing the law of homicide' (web page, 6/12/24)](https://forum.mentalhealthlaw.co.uk/t/law-commission-homicide-project-law-commission-reviewing-the-law-of-homicide-web-page-6-12-24/3046)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [12 December 2024 14:08 UTC](https://forum.mentalhealthlaw.co.uk/t/law-commission-homicide-project-law-commission-reviewing-the-law-of-homicide-web-page-6-12-24/3046 "2024-12-12T14:08:00Z")

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— "The Law Commission will review the law relating to homicide offences, including full and partial defences to those offences, and the existing sentencing framework for murder." Full details available at: https://www.…

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## [Event. Court of Protection User Group: Property and affairs meeting (online, 8/1/25)](https://forum.mentalhealthlaw.co.uk/t/event-court-of-protection-user-group-property-and-affairs-meeting-online-8-1-25/3045)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [12 December 2024 14:02 UTC](https://forum.mentalhealthlaw.co.uk/t/event-court-of-protection-user-group-property-and-affairs-meeting-online-8-1-25/3045 "2024-12-12T14:02:00Z")

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— The meeting will he held via Microsoft Teams at 2pm. Email Natalie Cheesewright (Natalie.Cheesewright@Justice.gov.uk) if you would like to attend. Full details available at: https://www.mentalhealthlaw.co.uk/Event:Co…

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## [PDOC guidance. Royal College of Physicians, 'Prolonged disorders of consciousness following sudden onset brain injury: National clinical guidelines' (2020)](https://forum.mentalhealthlaw.co.uk/t/pdoc-guidance-royal-college-of-physicians-prolonged-disorders-of-consciousness-following-sudden-onset-brain-injury-national-clinical-guidelines-2020/3028)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [7 December 2024 21:51 UTC](https://forum.mentalhealthlaw.co.uk/t/pdoc-guidance-royal-college-of-physicians-prolonged-disorders-of-consciousness-following-sudden-onset-brain-injury-national-clinical-guidelines-2020/3028 "2024-12-07T21:51:00Z")

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— "These guidelines update the previous RCP’s Prolonged disorders of consciousness, National clinical guidelines (2013) particularly in relation to recent developments in assessment and management: and with respect to re…

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## [Case (Death). NHS North Central London ICB v Royal Hospital for Neuro-disability \[2024\] EWCOP 66 (T3)](https://forum.mentalhealthlaw.co.uk/t/case-death-nhs-north-central-london-icb-v-royal-hospital-for-neuro-disability-2024-ewcop-66-t3/3027)

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**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [7 December 2024 21:29 UTC](https://forum.mentalhealthlaw.co.uk/t/case-death-nhs-north-central-london-icb-v-royal-hospital-for-neuro-disability-2024-ewcop-66-t3/3027 "2024-12-07T21:29:00Z")

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— (1) XR was in a permanent vegetative state, and the court decided that it was not in his best interests to continue to receive CANH as its benefits were significantly outweighed by its considerable day-to-day burdens. …

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## [Case (Caesarean). Leicestershire Partnership NHS Trust v PQ \[2024\] EWCOP 73 (T3)](https://forum.mentalhealthlaw.co.uk/t/case-caesarean-leicestershire-partnership-nhs-trust-v-pq-2024-ewcop-73-t3/3026)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [7 December 2024 20:53 UTC](https://forum.mentalhealthlaw.co.uk/t/case-caesarean-leicestershire-partnership-nhs-trust-v-pq-2024-ewcop-73-t3/3026 "2024-12-07T20:53:00Z")

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— (1) This application was made when the baby had reached full term despite the applicants having known of the pregnancy (and the mental health and capacity issues) since week 20, so the Trust was criticised for not fol…

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## [Case (Anticipatory declarations under s16 - assessment of deaf people). Oldham Metropolitan Borough Council v KZ \[2024\] EWCOP 72 (T3)](https://forum.mentalhealthlaw.co.uk/t/case-anticipatory-declarations-under-s16-assessment-of-deaf-people-oldham-metropolitan-borough-council-v-kz-2024-ewcop-72-t3/3025)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [7 December 2024 20:08 UTC](https://forum.mentalhealthlaw.co.uk/t/case-anticipatory-declarations-under-s16-assessment-of-deaf-people-oldham-metropolitan-borough-council-v-kz-2024-ewcop-72-t3/3025 "2024-12-07T20:08:00Z")

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— (1) The court decided that it had power to make anticipatory declarations under MCA 2005 s16 (which in this case would render deprivation of liberty under s4A(4) lawful as being a decision of the court under s16(2)(a))…

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## [Case (Eye surgery). Re TTN (Medical Treatment: Retinal Detachment) \[2024\] EWCOP 1](https://forum.mentalhealthlaw.co.uk/t/case-eye-surgery-re-ttn-medical-treatment-retinal-detachment-2024-ewcop-1/3019)

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**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [6 December 2024 22:03 UTC](https://forum.mentalhealthlaw.co.uk/t/case-eye-surgery-re-ttn-medical-treatment-retinal-detachment-2024-ewcop-1/3019 "2024-12-06T22:03:00Z")

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— TTN, who was detained under the MHA, lacked capacity in relation to proposed eye surgery because of delusional beliefs about the hospital and staff. The surgery was in his best interests. Full details available at: h…

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## [Case (Appeal against NWC decision). Evboren v Nursing and Midwifery Council \[2024\] EWHC 2975 (Admin)](https://forum.mentalhealthlaw.co.uk/t/case-appeal-against-nwc-decision-evboren-v-nursing-and-midwifery-council-2024-ewhc-2975-admin/3021)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [6 December 2024 22:56 UTC](https://forum.mentalhealthlaw.co.uk/t/case-appeal-against-nwc-decision-evboren-v-nursing-and-midwifery-council-2024-ewhc-2975-admin/3021 "2024-12-06T22:56:00Z")

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— A nurse who had been erased from the register of nurses for sexually activity with patients while a nurse at Cygnet Hospital Ealing unsuccessfully appealed the NWC's Fitness to Practise Panel's decision. Full details…

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## [Case (Appeal against contempt committal). MacPherson v Sunderland City Council \[2023\] EWCA Civ 574](https://forum.mentalhealthlaw.co.uk/t/case-appeal-against-contempt-committal-macpherson-v-sunderland-city-council-2023-ewca-civ-574/3020)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [6 December 2024 22:18 UTC](https://forum.mentalhealthlaw.co.uk/t/case-appeal-against-contempt-committal-macpherson-v-sunderland-city-council-2023-ewca-civ-574/3020 "2024-12-06T22:18:00Z")

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— The appellant had been sentenced to 28 days' imprisonment, suspended for 12 months, in relation to taking videos and making social media posts in breach of an injunction. Her appeal was unsuccessful. Full details ava…

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## [Case (Death). GUP v EUP \[2024\] EWCOP 3](https://forum.mentalhealthlaw.co.uk/t/case-death-gup-v-eup-2024-ewcop-3/3017)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [6 December 2024 21:42 UTC](https://forum.mentalhealthlaw.co.uk/t/case-death-gup-v-eup-2024-ewcop-3/3017 "2024-12-06T21:42:00Z")

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— (1) Neither provision of nutrition nor hydration was in EUP's best interests. (2) The family had disagreed with the trust's palliative care plan but the trust, citing legal advice likely grounded on its belief that fur…

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## [Case (Residence, care and contact). Re DY (Capacity) \[2024\] EWCOP 4](https://forum.mentalhealthlaw.co.uk/t/case-residence-care-and-contact-re-dy-capacity-2024-ewcop-4/3016)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [6 December 2024 21:31 UTC](https://forum.mentalhealthlaw.co.uk/t/case-residence-care-and-contact-re-dy-capacity-2024-ewcop-4/3016 "2024-12-06T21:31:00Z")

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— DY had capacity to make decisions about residence, care and contact with others. There were concerns that she might lose capacity in the future (including how she would respond to the birth of her baby and the stresses…

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## [LPA abuse. Jenny Johnston, 'My dad was stolen from me' (Daily Mail, 27/1/24)](https://forum.mentalhealthlaw.co.uk/t/lpa-abuse-jenny-johnston-my-dad-was-stolen-from-me-daily-mail-27-1-24/3014)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [6 December 2024 21:25 UTC](https://forum.mentalhealthlaw.co.uk/t/lpa-abuse-jenny-johnston-my-dad-was-stolen-from-me-daily-mail-27-1-24/3014 "2024-12-06T21:25:00Z")

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— This article tells the appellant's story in the case of Re VS (deceased) \[2024\] EWCOP 6. Full details available at: https://www.mentalhealthlaw.co.uk/Jenny\_Johnston,\_%27My\_dad\_was\_stolen\_from\_me%27\_(Daily\_Mail,\_27/1/…

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## [Case (Discharge of transparency order). Re VS (deceased) \[2024\] EWCOP 6](https://forum.mentalhealthlaw.co.uk/t/case-discharge-of-transparency-order-re-vs-deceased-2024-ewcop-6/3015)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [6 December 2024 21:02 UTC](https://forum.mentalhealthlaw.co.uk/t/case-discharge-of-transparency-order-re-vs-deceased-2024-ewcop-6/3015 "2024-12-06T21:02:00Z")

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— The transparency order was discharged, the two main factors being (a) public interest in the facts of the case, and (b) the subject of the proceedings had died. Full details available at: https://www.mentalhealthlaw.…

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## [Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 146, December 2024)](https://forum.mentalhealthlaw.co.uk/t/mental-capacity-law-newsletter-39-essex-chambers-mental-capacity-report-issue-146-december-2024/3012)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [4 December 2024 22:34 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-capacity-law-newsletter-39-essex-chambers-mental-capacity-report-issue-146-december-2024/3012 "2024-12-04T22:34:00Z")

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— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal grapples again with sexual capacity, and important reminders of best interests as good governance and op…

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## [November 2024 update](https://forum.mentalhealthlaw.co.uk/t/november-2024-update/3010)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [3 December 2024 23:42 UTC](https://forum.mentalhealthlaw.co.uk/t/november-2024-update/3010 "2024-12-03T23:42:07Z")

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Website Magic Book. The Magic Book is a database of contact details. The main idea is to add the hospitals and other places you visit (not just your own place of work). To create/edit contacts, there is no need to log …

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## [Case (Fitness to practise and covert medication). Ambreen Malik \[2021\] MHLO 8 (MPT)](https://forum.mentalhealthlaw.co.uk/t/case-fitness-to-practise-and-covert-medication-ambreen-malik-2021-mhlo-8-mpt/3007)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [2 December 2024 22:23 UTC](https://forum.mentalhealthlaw.co.uk/t/case-fitness-to-practise-and-covert-medication-ambreen-malik-2021-mhlo-8-mpt/3007 "2024-12-02T22:23:00Z")

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— The Medical Practitioners Tribunal decided that the doctor's fitness to practise was not impaired by reason of her misconduct: "The Tribunal was of the view that Dr Malik was acting in the best interests of Patient A a…

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## [Fitness to practise. Amy Fenton, 'Blackburn psychiatrist cleared of misconduct after lying about medication' (LancsLive, 20/7/21)](https://forum.mentalhealthlaw.co.uk/t/fitness-to-practise-amy-fenton-blackburn-psychiatrist-cleared-of-misconduct-after-lying-about-medication-lancslive-20-7-21/3008)

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**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [2 December 2024 22:38 UTC](https://forum.mentalhealthlaw.co.uk/t/fitness-to-practise-amy-fenton-blackburn-psychiatrist-cleared-of-misconduct-after-lying-about-medication-lancslive-20-7-21/3008 "2024-12-02T22:38:00Z")

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— This news article provides some background information on the Medical Practitioners Tribunal decision in Ambreen Malik \[2021\] MHLO 8 (MPT). Full details available at: https://www.mentalhealthlaw.co.uk/Amy\_Fenton,\_%27…

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## [Case (Unfair dismissal and whistleblowing). Dr A Malik v Cygnet Behavioural Health Ltd (reconsideration) \[2021\] MHLO 7 (ET)](https://forum.mentalhealthlaw.co.uk/t/case-unfair-dismissal-and-whistleblowing-dr-a-malik-v-cygnet-behavioural-health-ltd-reconsideration-2021-mhlo-7-et/3006)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [2 December 2024 21:52 UTC](https://forum.mentalhealthlaw.co.uk/t/case-unfair-dismissal-and-whistleblowing-dr-a-malik-v-cygnet-behavioural-health-ltd-reconsideration-2021-mhlo-7-et/3006 "2024-12-02T21:52:00Z")

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— The claimant sought reconsideration as the original decision contained no specific decision in relation to one of the argued detriments, part 1 of which was her suspension in relation to administration of covert medica…

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## [Case (Unfair dismissal and whistleblowing). Dr A Malik v CAS (Cygnet) Behavioural Health Ltd \[2021\] UKET 2403141/2018](https://forum.mentalhealthlaw.co.uk/t/case-unfair-dismissal-and-whistleblowing-dr-a-malik-v-cas-cygnet-behavioural-health-ltd-2021-uket-2403141-2018/3003)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [1 December 2024 08:32 UTC](https://forum.mentalhealthlaw.co.uk/t/case-unfair-dismissal-and-whistleblowing-dr-a-malik-v-cas-cygnet-behavioural-health-ltd-2021-uket-2403141-2018/3003 "2024-12-01T08:32:00Z")

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— A consultant psychiatrist employed at Cygnet Fountains Hospital suffered whistle-blowing detriments because of public interest disclosures, and was dismissed unfairly and without notice in breach of her contract. (1) S…

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## [Voluntary euthanasia. Anselm Eldergill, 'A time to live, a time to die?' (27/11/24)](https://forum.mentalhealthlaw.co.uk/t/voluntary-euthanasia-anselm-eldergill-a-time-to-live-a-time-to-die-27-11-24/2994)

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**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [27 November 2024 22:04 UTC](https://forum.mentalhealthlaw.co.uk/t/voluntary-euthanasia-anselm-eldergill-a-time-to-live-a-time-to-die-27-11-24/2994 "2024-11-27T22:04:00Z")

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— In relation to the Terminally Ill Adults (End of Life) Bill 2024, this briefing note argues that "much more careful thought is required before we open this Pandora's Box" and that a more sensible approach, prior to leg…

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## [Job advert. Stephensons Solicitors, Wigan - COP Solicitor (deadline 6/1/25)](https://forum.mentalhealthlaw.co.uk/t/job-advert-stephensons-solicitors-wigan-cop-solicitor-deadline-6-1-25/2988)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [26 November 2024 15:10 UTC](https://forum.mentalhealthlaw.co.uk/t/job-advert-stephensons-solicitors-wigan-cop-solicitor-deadline-6-1-25/2988 "2024-11-26T15:10:00Z")

</div>

See Jobs Full details available at: https://www.mentalhealthlaw.co.uk/Stephensons\_Solicitors,\_Wigan\_-\_COP\_Solicitor\_(deadline\_6/1/25)?id=261124-1510

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## [Children and DOL. Children's Commissioner, 'Children with complex needs who are deprived of liberty' (18/11/24)](https://forum.mentalhealthlaw.co.uk/t/children-and-dol-childrens-commissioner-children-with-complex-needs-who-are-deprived-of-liberty-18-11-24/2983)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [23 November 2024 23:07 UTC](https://forum.mentalhealthlaw.co.uk/t/children-and-dol-childrens-commissioner-children-with-complex-needs-who-are-deprived-of-liberty-18-11-24/2983 "2024-11-23T23:07:00Z")

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— Report with various recommendations. Full details available at: https://www.mentalhealthlaw.co.uk/Children%27s\_Commissioner,\_%27Children\_with\_complex\_needs\_who\_are\_deprived\_of\_liberty%27\_(18/11/24)?id=231124-2307

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## [Case (Habitual residence). Aberdeenshire Council v SF (No 3) (Change of Habitual Residence) \[2024\] EWCOP 74 (T3)](https://forum.mentalhealthlaw.co.uk/t/case-habitual-residence-aberdeenshire-council-v-sf-no-3-change-of-habitual-residence-2024-ewcop-74-t3/3052)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [23 November 2024 22:58 UTC](https://forum.mentalhealthlaw.co.uk/t/case-habitual-residence-aberdeenshire-council-v-sf-no-3-change-of-habitual-residence-2024-ewcop-74-t3/3052 "2024-11-23T22:58:00Z")

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— SF had previously been habitually resident in Scotland, but was now habitually resident in England, having made astonishing progress at her community placement and integrated into a social environment in England. Ful…

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## [Case (Non-recognition of Scottish Guardianship Order). Aberdeenshire Council v SF (No 2) \[2024\] EWCOP 10](https://forum.mentalhealthlaw.co.uk/t/case-non-recognition-of-scottish-guardianship-order-aberdeenshire-council-v-sf-no-2-2024-ewcop-10/2981)

<div class="topic-metadata">

**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Replies:** 0\
**Last updated:** [23 November 2024 17:53 UTC](https://forum.mentalhealthlaw.co.uk/t/case-non-recognition-of-scottish-guardianship-order-aberdeenshire-council-v-sf-no-2-2024-ewcop-10/2981 "2024-11-23T17:53:00Z")

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— The Court of Protection exercised its discretion to refuse to recognise a Scottish Guardianship Order (which authorised SF's mother to consent to deprivation of liberty) because: (1) "(a) the case in which the measure …

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