April 2025 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 2461 categorised cases

  • Chronology. See April 2025 chronology for this month’s changes to the website in date order.

Cases

  • Case (Supported living accommodation and s117). Cheshire East Council (23 005 368) [2025] MHLO 9 (LGSCO) — The council ceased paying rent under s117 when a residential care home was deregistered to become supported living accommodation. During the Ombudsman’s investigation the council relied on the three-stage Mwanza test, arguing that it was not specialised accommodation and that the resident had not been placed there involuntarily owing to a lack of capacity; the Ombudsman applied the test without criticism (curiously), though not in favour of the council. It was “accommodation plus” (enhanced specialised accommodation) rather than ordinary housing, and was still required, so remained within the scope of s117. The council agreed to repay £59,149.86 for rent (which had been paid from savings until the resident became eligible for housing benefit), plus interest, and £9,143 legal fees, and to consider the cases of 21 other residents who were also told to claim housing benefit. The Ombudsman noted: “When accommodation is part of a person’s section 117 aftercare, it must be free to the person. The Council and the ICB should not advise people to claim housing benefit to pay for accommodation which is part of their section 117 aftercare. … Aftercare services cannot be withdrawn simply because the status of a person’s accommodation changes from registered residential care accommodation to supported housing accommodation.”

  • Case (ADHD and DLA). PM v SSWP [2025] UKUT 85 (AAC) — A person with ADHD is suffering from a state of arrested development or incomplete physical development of the brain under regulation 12(5) Social Security (Disability Living Allowance) Regulations 1991.

  • Case (Failure to secure appointment of deputy). London Borough of Haringey (24 008 874) [2025] MHLO 8 (LGSCO) — Ombudsman’s summary: “Mrs Z complained about the Council’s failure to ensure Mr X had somebody to take decisions about his welfare and finances. We found fault with the Council for delaying a Mental Capacity assessment for the complainant (Mr X) and for not acting to appoint a person who could take decisions about Mr X’s welfare and finances. The Council’s failings caused injustice to Mr X. The Council agreed to apologise to Mr X, to apply for the appointment of a deputy and to carry out some service improvements.”

  • Case (Intermediary assistance in care proceedings). Re M (A Child: Intermediaries) [2025] EWCA Civ 440 — Appeal against refusal of a mother’s application for intermediary assistance in care proceedings.

  • Case (Not allocating care coordinator). Peterborough City Council [2025] MHLO 7 (LGSCO) — Ombudsman’s summary: “We have found fault by an NHS Trust, a Council and an NHS ICB for not allocating a care coordinator to someone who is entitled to one. The situation has caused avoidable uncertainty and distress. The organisations have agreed to provide an apology and small financial payments and to take steps to find a bespoke solution and work to resolve the wider issues.”

Resources

  • NHS law book. David Lock, Leon Glenister and Hannah Gibbs, NHS Law and Practice (2nd edn, LAG 2024)

  • Financial eligibility for certificated work. Legal Aid Agency, ‘Means Assessment Guidance’ (v14, April 2025) — This relates to Full Representation (not CLR for mental health tribunals), Family Help (Higher) and exceptional cases (as opposed to escape fee cases).

  • Financial eligibility. Legal Aid Agency, ‘Keycard 61’ (April 2025) — This document is helpful when working out financial eligibility for civil Legal Aid.

  • Organ donation. Jordan Parsons and Thomas Hayes, ‘Mental capacity and ‘opt out’ for organ donation: Principled presumptions?’ (Medial Law International, 28 February 2025) — This open access journal article discusses capacity and organ donation.

  • Mental capacity law newsletter. 39 Essex Chambers, ‘Mental Capacity Report’ (issue 149, April 2025) — “Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a masterclass in determining a particularly complex set of capacity questions; (2) In the Property and Affairs Report: statutory will applications and publicity; OPG guidance on family care payments, and the bond provider saga continues; (3) In the Practice and Procedure Report: a helpful reminder of elephant traps for the unwary as regards when time runs for purposes of appealing decisions; (4) In the Mental Health Matters Report: the Mental Health Bill progresses, and the CQC reports on the MHA 1983 in 2023-24; (5) In the Children’s Capacity Report: a new BMA toolkit to help with capacity and other issues in relation to those aged 16 and 17, and back to the vexed question of parental consent to confinement; (6) In the Wider Context Report: the inherent jurisdiction rebuffed in a personal injury case, recent research of relevance, and strong views from the CRPD Committee on medical assistance in dying and the 2000 Hague Convention; (7) In the Scotland Report: what is appealable in the AWI context, and the complexities of the position of those aged 16 and 17 in Scotland.”

  • Probation Service court related functions. HMPPS, ‘Probation Court Services Policy Framework’ (14 January 2025) — This document has paragraphs on “Defendants with mental health conditions” and the “Mental health treatment requirement”. Also of relevance to mental health (and the “two-tier” justice system debate) is the following extract: “Practitioners delivering bail information services should consider the prioritisation guidance, but key criteria to be taken into consideration for the identification of priority defendant cohorts include: vulnerable defendants, such as those with mental health conditions and learning disabilities; young adults (18–25 years old); women, pregnancy and maternity; defendants from ethnic minorities; transgender defendants.”

Events