# MHLO updates **URL:** https://forum.mentalhealthlaw.co.uk/c/updates/mhlo-updates/10.md?page=22 [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:** 23 --- ## [Case (Appeal against restriction order). R v Inneh \[2021\] EWCA Crim 2004](https://forum.mentalhealthlaw.co.uk/t/case-appeal-against-restriction-order-r-v-inneh-2021-ewca-crim-2004/1570)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [26 March 2023 20:56 UTC](https://forum.mentalhealthlaw.co.uk/t/case-appeal-against-restriction-order-r-v-inneh-2021-ewca-crim-2004/1570 "2023-03-26T20:56:54Z")
— The patient appealed against the restriction order aspect of the s37/41 hospital order, arguing that the judge had focussed too much on the background of the her behaviour up to and including the present offence and no… --- ## [Event. MHLA: Hospital Manager's Hearings (London, 12/10/23)](https://forum.mentalhealthlaw.co.uk/t/event-mhla-hospital-managers-hearings-london-12-10-23/1567)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [25 March 2023 20:40 UTC](https://forum.mentalhealthlaw.co.uk/t/event-mhla-hospital-managers-hearings-london-12-10-23/1567 "2023-03-25T20:40:14Z")
— Aimed at new caseworkers doing Hospital Managers’ hearings, this is a brand new, pre-panel course. Cost: £150 (members), £195 (non-members). See MHLA website for further details and booking information. Full details … --- ## [Event. MHLA: Advocacy, Risk and Cross-Examination Masterclass (Leicester, 17/10/23)](https://forum.mentalhealthlaw.co.uk/t/event-mhla-advocacy-risk-and-cross-examination-masterclass-leicester-17-10-23/1566)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [25 March 2023 20:40 UTC](https://forum.mentalhealthlaw.co.uk/t/event-mhla-advocacy-risk-and-cross-examination-masterclass-leicester-17-10-23/1566 "2023-03-25T20:40:14Z")
— This one-day course is designed to enhance advocacy and case preparation skills. The focus is on preparing for advocacy, with advice on ‎cross-examination of the medical witnesses and taking evidence-in-chief from the … --- ## [Event. MHLA: Foundation course (Manchester, 17/4/23)](https://forum.mentalhealthlaw.co.uk/t/event-mhla-foundation-course-manchester-17-4-23/1565)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [25 March 2023 20:25 UTC](https://forum.mentalhealthlaw.co.uk/t/event-mhla-foundation-course-manchester-17-4-23/1565 "2023-03-25T20:25:40Z")
— This course is aimed at new practitioners and those intending to attend the Panel course in the near future. Attendance at the Foundation course is strongly recommended in order to achieve a sound understanding of the … --- ## [Event. MHLA: Panel course (online, 20-21 April 2023)](https://forum.mentalhealthlaw.co.uk/t/event-mhla-panel-course-online-20-21-april-2023/1564)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [25 March 2023 20:25 UTC](https://forum.mentalhealthlaw.co.uk/t/event-mhla-panel-course-online-20-21-april-2023/1564 "2023-03-25T20:25:40Z")
— The Mental Health Lawyers Association is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s accreditation scheme (formerly called the ‘panel’). Cost: £300 (mem… --- ## [Event. MHLA: Legal Aid supervision (London, 14/6/23)](https://forum.mentalhealthlaw.co.uk/t/event-mhla-legal-aid-supervision-london-14-6-23/1563)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [25 March 2023 20:25 UTC](https://forum.mentalhealthlaw.co.uk/t/event-mhla-legal-aid-supervision-london-14-6-23/1563 "2023-03-25T20:25:39Z")
— Our expert trainers will provide guidance and advice on how to supervise effectively and in line with your contractual obligations. Whether you are an experienced supervisor looking to refresh and enhance your skills t… --- ## [Event. MHLA: Conducting face-to-face tribunal hearings (London, 11/7/23)](https://forum.mentalhealthlaw.co.uk/t/event-mhla-conducting-face-to-face-tribunal-hearings-london-11-7-23/1562)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [25 March 2023 20:25 UTC](https://forum.mentalhealthlaw.co.uk/t/event-mhla-conducting-face-to-face-tribunal-hearings-london-11-7-23/1562 "2023-03-25T20:25:39Z")
— Conducting Face-to-Face Hearings and Basic Case Law for Tribunals. The course aims to refresh your skill set and is ideal for practitioners seeking an update on conducting face-to-face hearings, along with a review of … --- ## [Event. MHLA: Foundation course (London, 4/9/23)](https://forum.mentalhealthlaw.co.uk/t/event-mhla-foundation-course-london-4-9-23/1561)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [25 March 2023 20:25 UTC](https://forum.mentalhealthlaw.co.uk/t/event-mhla-foundation-course-london-4-9-23/1561 "2023-03-25T20:25:39Z")
— This course is aimed at new practitioners and those intending to attend the Panel course in the near future. Attendance at the Foundation course is strongly recommended in order to achieve a sound understanding of the … --- ## [Event. MHLA: Refresher and Re-accreditation course (online, 18/9/23)](https://forum.mentalhealthlaw.co.uk/t/event-mhla-refresher-and-re-accreditation-course-online-18-9-23/1560)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [25 March 2023 20:25 UTC](https://forum.mentalhealthlaw.co.uk/t/event-mhla-refresher-and-re-accreditation-course-online-18-9-23/1560 "2023-03-25T20:25:38Z")
— This course will be suitable for those seeking re-accreditation, by: reviewing the legal and procedural developments of the last three years; providing a forum for discussing these along with the re-accreditation proce… --- ## [Case (Capacity). The Local Authority v A \[2019\] EWCOP 68](https://forum.mentalhealthlaw.co.uk/t/case-capacity-the-local-authority-v-a-2019-ewcop-68/1557)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [24 March 2023 21:34 UTC](https://forum.mentalhealthlaw.co.uk/t/case-capacity-the-local-authority-v-a-2019-ewcop-68/1557 "2023-03-24T21:34:01Z")
— (1) A lacked capacity in relation to residence, care, contact, and medical treatment, and to execute an LPA. (2) The LPA was invalid for want of capacity. (3) The living will was similarly invalid as an ADRT, and inval… --- ## [Case (Covert medication - closed proceedings). A Local Authority v A \[2020\] EWCOP 76](https://forum.mentalhealthlaw.co.uk/t/case-covert-medication-closed-proceedings-a-local-authority-v-a-2020-ewcop-76/1556)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [24 March 2023 21:19 UTC](https://forum.mentalhealthlaw.co.uk/t/case-covert-medication-closed-proceedings-a-local-authority-v-a-2020-ewcop-76/1556 "2023-03-24T21:19:00Z")
— This application was to consider the administration to A of covert medication in relation to primary ovarian failure. (1) It was permissible and proportionate for A's mother not to be informed of the proceedings becaus… --- ## [Case (Capacity and fact finding). Sunderland City Council v FP \[2020\] EWCOP 75](https://forum.mentalhealthlaw.co.uk/t/case-capacity-and-fact-finding-sunderland-city-council-v-fp-2020-ewcop-75/1555)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [24 March 2023 20:59 UTC](https://forum.mentalhealthlaw.co.uk/t/case-capacity-and-fact-finding-sunderland-city-council-v-fp-2020-ewcop-75/1555 "2023-03-24T20:59:12Z")
— (1) The judge decided to assess capacity before moving on to fact finding: "I feel uncomfortable in assessing credibility and making findings and possibly making significant criticism without determining whether or not… --- ## [Civil contract mental health section. Legal Aid Agency, '2018 Standard Civil Contract: Category Specific Rules: Mental Health (section 9)' (20/3/23)](https://forum.mentalhealthlaw.co.uk/t/civil-contract-mental-health-section-legal-aid-agency-2018-standard-civil-contract-category-specific-rules-mental-health-section-9-20-3-23/1554)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [23 March 2023 22:51 UTC](https://forum.mentalhealthlaw.co.uk/t/civil-contract-mental-health-section-legal-aid-agency-2018-standard-civil-contract-category-specific-rules-mental-health-section-9-20-3-23/1554 "2023-03-23T22:51:35Z")
— The change from the version is the addition of paragraphs 9.105 to 9.109. These set out the requirements for claiming a fee for work done following a rule 11(7)(a) appointment for a client who does not provide instruct… --- ## [Contract management guidance. Legal Aid Agency, 'Contract management: mental health guidance' (v4, 20/3/23)](https://forum.mentalhealthlaw.co.uk/t/contract-management-guidance-legal-aid-agency-contract-management-mental-health-guidance-v4-20-3-23/1553)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [23 March 2023 22:31 UTC](https://forum.mentalhealthlaw.co.uk/t/contract-management-guidance-legal-aid-agency-contract-management-mental-health-guidance-v4-20-3-23/1553 "2023-03-23T22:31:10Z")
— The reason given for this version is: "Amended to include Rule 11(7)(a) & 13(5)(a)(i) appointments & information on remote communication with clients". These sections are new: (4) Remote Hearings; (5) Remote Communicat… --- ## [Rule 11(7)(a) remuneration. LAA, 'Civil news: mental health work change for tribunal appointments' (21/3/23)](https://forum.mentalhealthlaw.co.uk/t/rule-11-7-a-remuneration-laa-civil-news-mental-health-work-change-for-tribunal-appointments-21-3-23/1552)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [23 March 2023 22:21 UTC](https://forum.mentalhealthlaw.co.uk/t/rule-11-7-a-remuneration-laa-civil-news-mental-health-work-change-for-tribunal-appointments-21-3-23/1552 "2023-03-23T22:21:07Z")
— Firms will be able to claim a level 1 fee of £129 if a client refuses to engage following a rule 11(7)(a) appointment, if the appointment is made on or after 21/3/23 and the conditions in para 9.105(a) of the contract … --- ## [Case (Adjournment and recommendations). AC v Cornwall Partnership NHS Foundation Trust \[2023\] MHLO 1 (UT)](https://forum.mentalhealthlaw.co.uk/t/case-adjournment-and-recommendations-ac-v-cornwall-partnership-nhs-foundation-trust-2023-mhlo-1-ut/1548)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [22 March 2023 22:30 UTC](https://forum.mentalhealthlaw.co.uk/t/case-adjournment-and-recommendations-ac-v-cornwall-partnership-nhs-foundation-trust-2023-mhlo-1-ut/1548 "2023-03-22T22:30:24Z")
— The tribunal panel refused the s3 patient's adjournment request (which was on the basis of a lack of aftercare planning) though it indicated that it would be revisited if aftercare information proved necessary to decid… --- ## [Case (Hearing in patient's absence). PC v Cornwall Partnership NHS Foundation Trust \[2023\] UKUT 64 (AAC)](https://forum.mentalhealthlaw.co.uk/t/case-hearing-in-patients-absence-pc-v-cornwall-partnership-nhs-foundation-trust-2023-ukut-64-aac/1547)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [22 March 2023 15:17 UTC](https://forum.mentalhealthlaw.co.uk/t/case-hearing-in-patients-absence-pc-v-cornwall-partnership-nhs-foundation-trust-2023-ukut-64-aac/1547 "2023-03-22T15:17:04Z")
— The tribunal panel refused an adjournment request and proceeded in the patient's absence. (1) The panel found, under rule 39(1)(a) and (b) respectively, that reasonable steps had been taken to notify the patient of the… --- ## [Case (Ex turpi causa). Traylor v Kent and Medway NHS Social Care Partnership Trust \[2022\] EWHC 260 (QB)](https://forum.mentalhealthlaw.co.uk/t/case-ex-turpi-causa-traylor-v-kent-and-medway-nhs-social-care-partnership-trust-2022-ewhc-260-qb/1545)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [21 March 2023 11:57 UTC](https://forum.mentalhealthlaw.co.uk/t/case-ex-turpi-causa-traylor-v-kent-and-medway-nhs-social-care-partnership-trust-2022-ewhc-260-qb/1545 "2023-03-21T11:57:03Z")
— The patient stabbed his daughter several times during a psychotic episode. He sought damages from the Trust for negligence, and she for breaches of Articles 2 and 3 ECHR. (1) The court held that the patient had not est… --- ## [Job advert. Simpson Millar, London - Court of Protection solicitor (listed until 19/6/23)](https://forum.mentalhealthlaw.co.uk/t/job-advert-simpson-millar-london-court-of-protection-solicitor-listed-until-19-6-23/1544)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [18 March 2023 21:19 UTC](https://forum.mentalhealthlaw.co.uk/t/job-advert-simpson-millar-london-court-of-protection-solicitor-listed-until-19-6-23/1544 "2023-03-18T21:19:18Z")
See Jobs Full details available at: https://www.mentalhealthlaw.co.uk/Simpson\_Millar,\_London\_-\_Court\_of\_Protection\_solicitor\_(listed\_until\_19/6/23)?id=180323-2114 --- ## [Case (FOI request). Clitheroe v Information Commissioner (2023) UKFTT 299 (GRC)](https://forum.mentalhealthlaw.co.uk/t/case-foi-request-clitheroe-v-information-commissioner-2023-ukftt-299-grc/1543)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [17 March 2023 22:34 UTC](https://forum.mentalhealthlaw.co.uk/t/case-foi-request-clitheroe-v-information-commissioner-2023-ukftt-299-grc/1543 "2023-03-17T22:34:43Z")
— This appeal under s57 Freedom of Information Act 2000 concerned requested information about a review project associated with the work of associate hospital managers conducted by Verita Consultancy for Lancashire and So… --- ## [Case (Capacity to marry). X v A \[2021\] EWFC 118](https://forum.mentalhealthlaw.co.uk/t/case-capacity-to-marry-x-v-a-2021-ewfc-118/1542)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [17 March 2023 22:34 UTC](https://forum.mentalhealthlaw.co.uk/t/case-capacity-to-marry-x-v-a-2021-ewfc-118/1542 "2023-03-17T22:34:43Z")
— "The issues the Court has to determine at this hearing are: (i) whether on the date of the parties' marriage, on 2 April 2019, the Respondent did not within the meaning of section 12(1)(c) or (d) of the Matrimonial Cau… --- ## [Case (Litigation capacity in disciplinary proceedings). Cannon v Bar Standards Board \[2023\] EWCA Civ 278](https://forum.mentalhealthlaw.co.uk/t/case-litigation-capacity-in-disciplinary-proceedings-cannon-v-bar-standards-board-2023-ewca-civ-278/1541)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [17 March 2023 22:14 UTC](https://forum.mentalhealthlaw.co.uk/t/case-litigation-capacity-in-disciplinary-proceedings-cannon-v-bar-standards-board-2023-ewca-civ-278/1541 "2023-03-17T22:14:33Z")
— The appellant had been disbarred for professional misconduct. In the Court of Appeal she argued that she had lacked mental capacity to participate in the Bar Disciplinary Tribunal proceedings and to give instructions i… --- ## [Case (Forced marriage). Coventry City Council v MK \[2023\] EWHC 249 (Fam)](https://forum.mentalhealthlaw.co.uk/t/case-forced-marriage-coventry-city-council-v-mk-2023-ewhc-249-fam/1540)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [17 March 2023 15:08 UTC](https://forum.mentalhealthlaw.co.uk/t/case-forced-marriage-coventry-city-council-v-mk-2023-ewhc-249-fam/1540 "2023-03-17T15:08:26Z")
— "The application for a Forced Marriage Protection Order arose out of the discovery that there had been an arranged putative wedding between MK and a woman in Pakistan. \[His parents\] accept that this took place over Wha… --- ## [Case (FMPO). Re P (Appeal: Forced Marriage Protection Order: Jurisdiction) \[2023\] EWHC 195 (Fam)](https://forum.mentalhealthlaw.co.uk/t/case-fmpo-re-p-appeal-forced-marriage-protection-order-jurisdiction-2023-ewhc-195-fam/1539)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [17 March 2023 11:58 UTC](https://forum.mentalhealthlaw.co.uk/t/case-fmpo-re-p-appeal-forced-marriage-protection-order-jurisdiction-2023-ewhc-195-fam/1539 "2023-03-17T11:58:31Z")
— P had been forced into a religious marriage, under pressure from both families, and repeatedly raped. The Family Law Act 1996 allowed a Forced Marriage Protection Order to be made even though she was neither physically… --- ## [Case (Immigration). FXJ v SSHD \[2022\] EWHC 1531 (QB)](https://forum.mentalhealthlaw.co.uk/t/case-immigration-fxj-v-sshd-2022-ewhc-1531-qb/1538)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [17 March 2023 11:43 UTC](https://forum.mentalhealthlaw.co.uk/t/case-immigration-fxj-v-sshd-2022-ewhc-1531-qb/1538 "2023-03-17T11:43:48Z")
— "The principal issue in this appeal is whether the Respondent owes a duty of care in tort to the Appellant in circumstances where a delay before withdrawing an appeal against a decision as to immigration status had exa… --- ## [Case (Immigration). FCJ v SSHD \[2022\] EWHC 1531 (QB)](https://forum.mentalhealthlaw.co.uk/t/case-immigration-fcj-v-sshd-2022-ewhc-1531-qb/1537)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [17 March 2023 11:29 UTC](https://forum.mentalhealthlaw.co.uk/t/case-immigration-fcj-v-sshd-2022-ewhc-1531-qb/1537 "2023-03-17T11:29:15Z")
— "The principal issue in this appeal is whether the Respondent owes a duty of care in tort to the Appellant in circumstances where a delay before withdrawing an appeal against a decision as to immigration status had exa… --- ## [Case (FOI request). Care Quality Commission \[2023\] UKICO 193752](https://forum.mentalhealthlaw.co.uk/t/case-foi-request-care-quality-commission-2023-ukico-193752/1536)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [16 March 2023 22:14 UTC](https://forum.mentalhealthlaw.co.uk/t/case-foi-request-care-quality-commission-2023-ukico-193752/1536 "2023-03-16T22:14:17Z")
— ICO's summary: "The complainant has requested the Care Quality Commission (CQC) to disclose information relating to Mental Health Act complaints and an inspection of an NHS Trust’s Mental Health Services. The CQC refus… --- ## [Case (Death). An NHS Foundation Trust v Kwame \[2023\] EWHC 134 (Fam)](https://forum.mentalhealthlaw.co.uk/t/case-death-an-nhs-foundation-trust-v-kwame-2023-ewhc-134-fam/1535)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [16 March 2023 21:59 UTC](https://forum.mentalhealthlaw.co.uk/t/case-death-an-nhs-foundation-trust-v-kwame-2023-ewhc-134-fam/1535 "2023-03-16T21:59:40Z")
— Kwame was found unresponsive at his home after what it seemed was an attempt to take his own life, and for the following 20 months remained on a ventilator on a Paediatric Intensive Care Unit. The court declared: "(i) … --- ## [Case (Coronavirus vaccination). An ICB v RN and TN \[2022\] EWCOP 41](https://forum.mentalhealthlaw.co.uk/t/case-coronavirus-vaccination-an-icb-v-rn-and-tn-2022-ewcop-41/1534)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [16 March 2023 21:39 UTC](https://forum.mentalhealthlaw.co.uk/t/case-coronavirus-vaccination-an-icb-v-rn-and-tn-2022-ewcop-41/1534 "2023-03-16T21:39:23Z")
— RN had already contracted coronavirus and recovered, and his mother objected to administration of a coronavirus vaccination. The court decided that it would be in his best interests, primarily because of government gui… --- ## [Case (DOL of child in general ward). Re Troy (A Child) \[2022\] EWHC 3426 (Fam)](https://forum.mentalhealthlaw.co.uk/t/case-dol-of-child-in-general-ward-re-troy-a-child-2022-ewhc-3426-fam/1533)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [16 March 2023 21:19 UTC](https://forum.mentalhealthlaw.co.uk/t/case-dol-of-child-in-general-ward-re-troy-a-child-2022-ewhc-3426-fam/1533 "2023-03-16T21:19:05Z")
— A child had been detained in an acute children's ward at a general hospital after discharge from s2. This deprived the NHS of beds for children needing physical medical care and involved a risk of infection. The judge … [Previous page](https://forum.mentalhealthlaw.co.uk/c/updates/mhlo-updates/10.md?page=21) [Next page](https://forum.mentalhealthlaw.co.uk/c/updates/mhlo-updates/10.md?page=23)