August 2021 update

Updates MHLO monthly updates
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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 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 2171 categorised cases

  • Chronology. See August 2021 chronology for this month’s changes to the website in date order.

Cases

  • Case (Capacity). Liverpool City Council v CMW [2021] EWCOP 50 — The court made decisions on CMW’s capacity in relation to the conduct of proceedings, the management of her affairs, her residence, her care, her contact with others, the use of social media and the internet, and whether she could engage in sexual relations.

  • Case (Change in status - s47/49 to s37/41). CS v Elysium Healthcare [2021] UKUT 186 (AAC) — The patient applied to the MHRT for Wales while subject to a s47/49 restricted transfer direction; then the Court of Appeal quashed the underlying IPP sentence, replacing it with a s37/41 restricted hospital order; then the MHRT decided that following the change in status it lacked jurisdiction to consider the application. The Upper Tribunal set aside the MHRT’s decision, on the basis that the patient had remained a restricted patient throughout, and remade it accordingly. Elysium Healthcare was criticised for its “lamentable” failure to comply with case management directions, which delayed proceedings (as did the Upper Tribunal’s own inefficient administration).

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