April 2022 update

Updates MHLO monthly updates
1

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 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. By the end of this month, Mental Health Law Online contained 2219 categorised cases

  • Chronology. See April 2022 chronology for this month’s changes to the website in date order.

Cases

  • Case (Habitual residence). IM v Gateshead Council [2020] EWFC B85 — “My task is to consider the issue of habitual residence as of today. The Local Authorities, both Gateshead and Edinburgh, submit that habitual residence in England has not been established and IM continues to be habitually resident in Scotland. Mr Wilkinson on behalf of IM, instructed by the official solicitor, argues that IM is habitually resident in England. Determination of the issue is required because of the consequences which flow thereafter. … If habitual residence in England is established the powers of the court thereafter are much wider than otherwise.”

  • Case (Vulnerable adult). London Borough of Islington v EF [2022] EWHC 803 (Fam) — (1) The local authority sought orders under the inherent jurisdiction to prohibit EF from travelling to her partner GH in Brazil. He was 11 years her senior, met her online when she was 14, sent her an engagement ring at 15, came to England when she was 16, and returned to Brazil during a police investigation after he was caught downloading images of very young children as part of his addiction to pornography. (2) The judge agreed that EF was a vulnerable adult (she had been a looked-after child, with schizoaffective disorder and a fragile personality) but that despite the “undue influence” she was able to make the relevant (albeit “very unwise”) decision, and in any event decided that the inherent jurisdiction does not allow “dictatorial” orders (or alternatively only allows them in truly exceptional circumstances), so refused to grant the orders sought. (3) The judge accepted the local authority’s view that EF had the relevant capacity, despite the medical expert’s evidence including that “EF could not understand the nature of her relationship with GH, the risks to her from the relationship nor weigh up all the competing factors” and the judge himself finding that “EF does not appreciate the risks to her physical safety nor the risks to her mental health”, presumably because he decided that the inability to make the decision was not because of an impairment of, or a disturbance in the functioning of, the mind or brain. (4) The proposed travel ban would violate her private and family life rights under Article 8 ECHR.

  • Case (DLA in hospital). MOC v SSWP [2022] EWCA Civ 1 — The rule providing that payment of Disability Living Allowance to an adult is suspended after 28 days in an NHS hospital (the aim being to prevent duplication of public funding to meet the same purpose) did not breach the patient’s rights under Article 14 read with A1P1 ECHR.

Resources

  • FFP release notes and user guide. MHA Free Form Project, ‘Release notes’ (v3, 30/3/22) — These PDF forms (a) offer pre-populated dropdown lists of London local authorities and hospitals; (b) check data entry in the background, e.g. by only allowing dates to be entered that conform to certain rules; (c) have a “Click to Check” button which highlights any omissions. They are available on the Mental Health Act 1983 Statutory Forms page.

  • Summary of LPS amendments to Code of Practice. Tim Spencer-Lane, ‘How the government plans to implement the Liberty Protection Safeguards’ (Community Care, 18/3/22) — The headings are: The meaning of deprivation of liberty; Court of Protection role; Mainstreaming LPS in care arrangements; Responsibility to refer; The three LPS assessments; Pre-authorisation reviews; The approved mental capacity professional; Portability; Renewals; The responsible body; IMCAs and the appropriate person.

  • Summary of non-LPS amendments. Tim Spencer-Lane, ‘Guide to the draft MCA code of practice’ (Community Care, 22/3/22) — The headings are: The assumption of capacity; The two-stage test of capacity; Executive capacity; Fluctuating capacity; Remote assessments; Retrospective assessments; Exceptions to the best interests principle; Who is the best interests decision maker?; Available options; Wishes and feelings; Recording best interests decisions; Court cases; DNACPRs.

  • COPUG minutes. COP User Group, ‘Minutes of Court User Group Meeting’ (27/10/21) — Headings include: Operations/Delivery Manager’s Report, including pilot update and graph; Filing COP20 Certificates; Update from the Mental Capacity Policy Team; Support for listings in SE Region; OPG requirement for the completion of a COP4 form when applying for a Local Authority to become replacement Deputy; Current timescales (deputy orders/ other property applications/ welfare applications); Delays in orders (with example); Urgent applications for ACC authority for costs on education appeals; Delays in receiving orders from the court after they have been made; Accredited legal representatives (ALRs), staff are waiting for courses to resume (Is the Court able to assist by raising this in some forum with the Law Society?); Public Observers’ Issues.

Events

  • Event. Event:MHLA: Panel Course (Leeds, 27-28 June 2022) — 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 mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). This is a hybrid event but the online tickets have sold out. See MHLA website for further details and booking information.

Jobs