August 2026 update

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 £75. 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 2562 categorised cases

  • Chronology. See August 2026 chronology for this month’s changes to the website in date order.

Resources

  • AGNI response. Ministry of Justice, ‘Supreme Court Judgement - AGNI’ (July 2026) — This guidance sets out how the MHCS will deal with: (a) patients whose conditional discharge relied upon DOLS (or COP authorisation); (b) patients on supervised conditional discharge (i.e. conditional discharge with a DOL condition); (c) patients not yet discharged. The MHCS plan to update the guidance on discharge under s42 and on supervised conditional discharge. The DHSC plan to provide further guidance in September 2026. Stakeholders are advised in the meantime to follow this MHCS guidance along with DHSC, ‘UK Supreme Court 2026 judgment on what constitutes a deprivation of liberty’ (15 June 2026).

  • MHCS update. Ministry of Justice, ‘Mental Health Casework Section stakeholder update’ (July 2026) — This note covers the following: (1) Deprivation of liberty: a note on the AGNI judgment is attached (Ministry of Justice, ‘Supreme Court Judgement - AGNI’ (July 2026)). (2) MHCS performance against targets. (3) Ward rounds: MHCS attendance is only required in exceptional circumstances. (4) Remission processes: a webinar on recent changes to remission processes for category C sentenced men was held on 20 July 2026; the recording and slides are available on request. (5) The changes under the Sentencing Act 2026 which would have led to some transferred determinate-sentence prisoners having their restriction expiry date recalculated were paused by the new PM. [They have since since been revised and recommenced.] (6) The next quarterly information session on restricted patients was scheduled for 11 August 2026.

  • Mental Capacity Report note. Alex Ruck Keene, ‘Mental capacity end of term report’ (31 July 2026) — There is no August 2026 Mental Capacity Report so, in the meantime, this “end of term report” sets out some developments, under the following headings: (1) Deprivation of liberty; (2) Personal welfare deputyship; (3) The Mental Health Act and the Mental Capacity Act; (4) The courts and litigation capacity; (5) Protection of vulnerable adults; (6) Consent to anaesthesia, and medical treatment frameworks around the British Isles; (7) Assisted dying.

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