# MHLO updates **URL:** https://forum.mentalhealthlaw.co.uk/c/updates/mhlo-updates/10.md?page=25 [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:** 26 --- ## [Case (Appeal against restriction order). R v Salmon \[2022\] EWCA Crim 1116](https://forum.mentalhealthlaw.co.uk/t/case-appeal-against-restriction-order-r-v-salmon-2022-ewca-crim-1116/1399)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [4 December 2022 13:02 UTC](https://forum.mentalhealthlaw.co.uk/t/case-appeal-against-restriction-order-r-v-salmon-2022-ewca-crim-1116/1399 "2022-12-04T13:02:10Z")
— Salmon appealed against the restriction order. His RC gave evidence that a restriction order "is unlikely to provide any additional safeguards as compared to those provided by a CTO". The Court of Appeal agreed that th… --- ## [Case (Sperm). Re X (Catastrophic injury: Collection and storage of sperm) \[2022\] EWCOP 48](https://forum.mentalhealthlaw.co.uk/t/case-sperm-re-x-catastrophic-injury-collection-and-storage-of-sperm-2022-ewcop-48/1398)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [4 December 2022 12:52 UTC](https://forum.mentalhealthlaw.co.uk/t/case-sperm-re-x-catastrophic-injury-collection-and-storage-of-sperm-2022-ewcop-48/1398 "2022-12-04T12:52:06Z")
— The parents of X, who had collapsed suddenly and had virtually no prospect of regaining consciousness, sought a declaration that it would be lawful for a doctor to retrieve X's gametes and lawful for those gametes to b… --- ## [Case (Costs). R v Nelson (2022) EWHC 2928 (SCCO)](https://forum.mentalhealthlaw.co.uk/t/case-costs-r-v-nelson-2022-ewhc-2928-scco/1397)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [4 December 2022 12:31 UTC](https://forum.mentalhealthlaw.co.uk/t/case-costs-r-v-nelson-2022-ewhc-2928-scco/1397 "2022-12-04T12:31:50Z")
— The barrister appealed the determining officer's decision on his fees for a complex mental health criminal appeal. He had claimed £4,350 for c.20 hours work prior to the leave to appeal hearing and £7,500 for a subsequ… --- ## [Case (Residence). Reading Borough Council v P \[2022\] EWCOP 27](https://forum.mentalhealthlaw.co.uk/t/case-residence-reading-borough-council-v-p-2022-ewcop-27/1396)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [4 December 2022 12:01 UTC](https://forum.mentalhealthlaw.co.uk/t/case-residence-reading-borough-council-v-p-2022-ewcop-27/1396 "2022-12-04T12:01:52Z")
— "I am dealing with proceedings concerning P who is an 86-year-old woman. She was born in Iran and moved to the UK in 2002 to live with her family. She has two sons, HS and SS, and one daughter, KS. P suffers from Al… --- ## [Case (Residence update post-judgment). London Borough of X v MR \[2022\] EWCOP 29](https://forum.mentalhealthlaw.co.uk/t/case-residence-update-post-judgment-london-borough-of-x-v-mr-2022-ewcop-29/1395)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [4 December 2022 12:01 UTC](https://forum.mentalhealthlaw.co.uk/t/case-residence-update-post-judgment-london-borough-of-x-v-mr-2022-ewcop-29/1395 "2022-12-04T12:01:52Z")
— "On 13 January 2022 I handed down judgment in a case involving MR: London Borough of X v MR \[2022\] EWCOP 1. The issue was whether it was in MR's best interests to continue to reside in a secular care home or to move to… --- ## [Case (Medical treatment). Newcastle Upon Tyne NHS Foundation Trust v MB \[2022\] EWCOP 43](https://forum.mentalhealthlaw.co.uk/t/case-medical-treatment-newcastle-upon-tyne-nhs-foundation-trust-v-mb-2022-ewcop-43/1394)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [4 December 2022 11:51 UTC](https://forum.mentalhealthlaw.co.uk/t/case-medical-treatment-newcastle-upon-tyne-nhs-foundation-trust-v-mb-2022-ewcop-43/1394 "2022-12-04T11:51:39Z")
— "The Trust seeks declarations and orders under section 15 and section 4A(3) and section 16 of the Mental Capacity Act 2005 ('MCA') that: (1) MB lacks capacity to conduct these proceedings and make decisions regarding t… --- ## [Case (Self-harm and Article 2). Gloucestershire City Council v AB \[2022\] EWCOP 42](https://forum.mentalhealthlaw.co.uk/t/case-self-harm-and-article-2-gloucestershire-city-council-v-ab-2022-ewcop-42/1393)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [4 December 2022 11:36 UTC](https://forum.mentalhealthlaw.co.uk/t/case-self-harm-and-article-2-gloucestershire-city-council-v-ab-2022-ewcop-42/1393 "2022-12-04T11:36:40Z")
— "On the afternoon of 29 September 2022, the Official Solicitor submitted that an operational duty had arisen under Article 2 of the European Convention on Human Rights for the public bodies to take reasonable steps to … --- ## [Case (Convention Adoption Order and capacity). A v B \[2022\] EWHC 2962 (Fam)](https://forum.mentalhealthlaw.co.uk/t/case-convention-adoption-order-and-capacity-a-v-b-2022-ewhc-2962-fam/1392)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [4 December 2022 11:26 UTC](https://forum.mentalhealthlaw.co.uk/t/case-convention-adoption-order-and-capacity-a-v-b-2022-ewhc-2962-fam/1392 "2022-12-04T11:26:33Z")
— This case involved an application for a Convention Adoption Order (under the 1993 Hague Adoption Convention) but mentions capacity in passing when the court dispensed with the consent of the mother. (Section 52(1) Adop… --- ## [Page added for Draft Mental Health Bill committee](https://forum.mentalhealthlaw.co.uk/t/page-added-for-draft-mental-health-bill-committee/1391)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [4 December 2022 11:01 UTC](https://forum.mentalhealthlaw.co.uk/t/page-added-for-draft-mental-health-bill-committee/1391 "2022-12-04T11:01:29Z")
— A new page has been added with a link to this committee's web pages: see Joint Committee on the Draft Mental Health Bill. Full details available at: https://www.mentalhealthlaw.co.uk/Joint\_Committee\_on\_the\_Draft\_Ment… --- ## [Case (Autoerotic asphyxiation). Re AA (Capacity to consent to sexual practices) \[2020\] EWCOP 66](https://forum.mentalhealthlaw.co.uk/t/case-autoerotic-asphyxiation-re-aa-capacity-to-consent-to-sexual-practices-2020-ewcop-66/1388)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [1 December 2022 16:20 UTC](https://forum.mentalhealthlaw.co.uk/t/case-autoerotic-asphyxiation-re-aa-capacity-to-consent-to-sexual-practices-2020-ewcop-66/1388 "2022-12-01T16:20:31Z")
— "I am concerned with AA, a 19 year old man, who has been diagnosed as having autism ('ASD') and Asperger's Syndrome. He has interests relating to certain sexual practices including autoerotic asphyxiation ('AEA'). He h… --- ## [Case (Social media and internet use). Re AA (Social media and internet use) \[2021\] EWCOP 70](https://forum.mentalhealthlaw.co.uk/t/case-social-media-and-internet-use-re-aa-social-media-and-internet-use-2021-ewcop-70/1387)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [1 December 2022 16:20 UTC](https://forum.mentalhealthlaw.co.uk/t/case-social-media-and-internet-use-re-aa-social-media-and-internet-use-2021-ewcop-70/1387 "2022-12-01T16:20:31Z")
— "In the absence of any evidence, for many months now, of AA putting himself at risk of harm in his use of the internet and social media, I am satisfied that there is insufficient evidence for me to conclude that he lac… --- ## [Case (Art 3 - forced abortion and contraception). GM v Moldova 44394/15 \[2022\] ECHR 1010](https://forum.mentalhealthlaw.co.uk/t/case-art-3-forced-abortion-and-contraception-gm-v-moldova-44394-15-2022-echr-1010/1377)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [22 November 2022 21:24 UTC](https://forum.mentalhealthlaw.co.uk/t/case-art-3-forced-abortion-and-contraception-gm-v-moldova-44394-15-2022-echr-1010/1377 "2022-11-22T21:24:17Z")
— Headnote from judgment: "(1) Art 3 (procedural) • Ineffective investigation into allegations of forced abortions and forced contraception after rape by doctor in neuropsychiatric residential asylum of three intellectua… --- ## [Open justice. House of Commons Justice Committee, 'Open justice: Court reporting in the digital age' (HC 339, 1/11/22)](https://forum.mentalhealthlaw.co.uk/t/open-justice-house-of-commons-justice-committee-open-justice-court-reporting-in-the-digital-age-hc-339-1-11-22/1376)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [22 November 2022 15:03 UTC](https://forum.mentalhealthlaw.co.uk/t/open-justice-house-of-commons-justice-committee-open-justice-court-reporting-in-the-digital-age-hc-339-1-11-22/1376 "2022-11-22T15:03:59Z")
— "We launched this inquiry in September 2021 to consider two open justice issues. The first was how the changing nature of the media was affecting court reporting. The second was how the court reform programme was affec… --- ## [Case (Solicitor fined over LPAs). Varinder Ghaiwal \[2022\] MHLO 4 (SDT)](https://forum.mentalhealthlaw.co.uk/t/case-solicitor-fined-over-lpas-varinder-ghaiwal-2022-mhlo-4-sdt/1375)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [22 November 2022 14:53 UTC](https://forum.mentalhealthlaw.co.uk/t/case-solicitor-fined-over-lpas-varinder-ghaiwal-2022-mhlo-4-sdt/1375 "2022-11-22T14:53:54Z")
— Varinder Ghaiwal was fined £6,000 (plus £11,000 costs) for, while acting as certificate provider in respect of a client's two LPAs, failing to verify instructions and failing to ensure that the client understood the pu… --- ## [MHA statistics. NHS Digital, 'Mental Health Act Statistics, Annual Figures - 2021-22' (27/10/22)](https://forum.mentalhealthlaw.co.uk/t/mha-statistics-nhs-digital-mental-health-act-statistics-annual-figures-2021-22-27-10-22/1374)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [22 November 2022 14:29 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-statistics-nhs-digital-mental-health-act-statistics-annual-figures-2021-22-27-10-22/1374 "2022-11-22T14:29:24Z")
— "This publication contains the official statistics about uses of the Mental Health Act ('the Act') in England during 2021-22." Full details available at: https://www.mentalhealthlaw.co.uk/NHS\_Digital,\_%27Mental\_Healt… --- ## [New CPD questionnaire available](https://forum.mentalhealthlaw.co.uk/t/new-cpd-questionnaire-available/1371)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [21 November 2022 15:46 UTC](https://forum.mentalhealthlaw.co.uk/t/new-cpd-questionnaire-available/1371 "2022-11-21T15:46:36Z")
— The Sep-Oct 2022 (MCA) questionnaire is now available for subscribers. For further information, or to take the test, please visit the CPD scheme page. Full details available at: https://www.mentalhealthlaw.co.uk/CPD\_… --- ## [Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 127, November 2022)](https://forum.mentalhealthlaw.co.uk/t/mental-capacity-law-newsletter-39-essex-chambers-mental-capacity-report-issue-127-november-2022/1369)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [21 November 2022 10:35 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-capacity-law-newsletter-39-essex-chambers-mental-capacity-report-issue-127-november-2022/1369 "2022-11-21T10:35:26Z")
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: When it is in a person’s best interests to end restraint which is necessary to keep them alive; and removing silos from capa… --- ## [HESC rules updated](https://forum.mentalhealthlaw.co.uk/t/hesc-rules-updated/1362)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [16 November 2022 14:53 UTC](https://forum.mentalhealthlaw.co.uk/t/hesc-rules-updated/1362 "2022-11-16T14:53:07Z")
— The text of the HESC rules have been updated on MHLO, up to and including the expiry on 25/9/22 of new rule 5A (urgent decisions without a hearing) and the expiry on 25/9/22 and reintroduction on 1/11/22 of the extende… --- ## [Legislation. Tribunal Procedure (Amendment No. 2) Rules 2022](https://forum.mentalhealthlaw.co.uk/t/legislation-tribunal-procedure-amendment-no-2-rules-2022/1360)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [16 November 2022 11:34 UTC](https://forum.mentalhealthlaw.co.uk/t/legislation-tribunal-procedure-amendment-no-2-rules-2022/1360 "2022-11-16T11:34:04Z")
— These rules change the 7-day deadline for listing s2 cases to 10 days, from 1/11/22 (the temporary coronavirus extension had expired on 25/9/22). Full details available at: https://www.mentalhealthlaw.co.uk/Tribunal\_… --- ## [Case (Section 117 assessment delay). West Sussex County Council (21 012 744) \[2022\] MHLO 3 (LGSCO)](https://forum.mentalhealthlaw.co.uk/t/case-section-117-assessment-delay-west-sussex-county-council-21-012-744-2022-mhlo-3-lgsco/1355)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [14 November 2022 22:15 UTC](https://forum.mentalhealthlaw.co.uk/t/case-section-117-assessment-delay-west-sussex-county-council-21-012-744-2022-mhlo-3-lgsco/1355 "2022-11-14T22:15:21Z")
— "Summary: We found no fault by the Council and Integrated Care Board in terms of the Section 117 aftercare they provided to Mrs Y. However, we found the Council, Trust and ICB delayed significantly in carrying out a Se… --- ## [Increasing use of MHA. Darren Boyle, 'As more mental health patients are locked away against their will experts warn of a return to the grim age of asylums' (Mail on Sunday, 27/8/22)](https://forum.mentalhealthlaw.co.uk/t/increasing-use-of-mha-darren-boyle-as-more-mental-health-patients-are-locked-away-against-their-will-experts-warn-of-a-return-to-the-grim-age-of-asylums-mail-on-sunday-27-8-22/1353)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [14 November 2022 14:02 UTC](https://forum.mentalhealthlaw.co.uk/t/increasing-use-of-mha-darren-boyle-as-more-mental-health-patients-are-locked-away-against-their-will-experts-warn-of-a-return-to-the-grim-age-of-asylums-mail-on-sunday-27-8-22/1353 "2022-11-14T14:02:22Z")
— This article argues that the increasing use of the MHA is "at least in part a symptom of a wider problem in the NHS: the practice of defensive medicine". Full details available at: https://www.mentalhealthlaw.co.uk/D… --- ## [Annual Review. Jonathan Wilson, Mental Health Law Online: Annual Review 2021 (published 2022)](https://forum.mentalhealthlaw.co.uk/t/annual-review-jonathan-wilson-mental-health-law-online-annual-review-2021-published-2022/746)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [29 January 2022 21:07 UTC](https://forum.mentalhealthlaw.co.uk/t/annual-review-jonathan-wilson-mental-health-law-online-annual-review-2021-published-2022/746 "2022-01-29T21:07:51Z")
— This booklet contains all news items, arranged thematically, which were added to the website during 2021. Price: paperback £4.99, Kindle £1.99. Full details available at: https://www.mentalhealthlaw.co.uk/Jonathan\_Wi… [Previous page](https://forum.mentalhealthlaw.co.uk/c/updates/mhlo-updates/10.md?page=24)