February 2024 update

[MHLO]

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 2344 categorised cases

• Chronology. See February 2024 chronology for this month’s changes to the website in date order.

Cases

• Case (Article 2 and prison investigation). R (MN) v SSJ [2024] EWHC 333 (Admin) — “This claim concerns the requirements of Article 2 when there is an independent investigation into a near suicide by a prisoner which causes life changing injuries to that person. The Claimant seeks to challenge the Defendant’s decision to leave important questions as to the procedure to be adopted for the independent investigator to recommend, rather than requiring public hearings with powers of compulsion from the outset.”

Resources

• Minutes. COP User Group, ‘Meeting (General): Minutes and action points’ (18/10/23) — Minutes and action points from meeting.

• Minutes. COP User Group, ‘Meeting (P and A): Minutes and action points’ (12/7/23) — Minutes and action points from meeting.

• Minutes. COP User Group, ‘Meeting (P and A): Minutes and action points’ (17/1/24) — Minutes and action points following meeting.

• MHA book. Richard Jones, Mental Health Act Manual (26th edn, Sweet and Maxwell 2023) — Published in September 2023.

• Mental capacity law newsletter. 39 Essex Chambers, ‘Mental Capacity Report’ (issue 137, February 2024) — “Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: medical treatment dilemmas of different hues, how risky can the court be, and capacity in context; (2) In the Property and Affairs Report: useful guides for those creating LPAs and an Australian take on balancing risk and (false) hope in the context of scamming; (3) In the Practice and Procedure Report: medical evidence, mental disorder and deprivation of liberty, and the approach to propensity evidence; (4) In the Wider Context Report: the new framework for care home visiting in England, an important consultation on capacity in civil litigation, new core ethics guidance from the BMA, and the Circuit Court rolls up its sleeves in Ireland; (5) In the Scotland Report: discrimination narrowly avoided, and a case posing questions about compensation for unlawful detention.”

Events

• Event. Event:Hill Dickinson: Mental Health Providers Forum (online, 6/3/24) — “In this forum, we will be discussing recent case law which is significant for all involved in mental health to be aware of, the Chief Coroner’s Annual Report with learning and practice points arising from this, important new guidance in relation to discharge planning and commissioning of services, and discussion of potential MHA reform in Wales.” Cost: free. See Hill Dickinson website for further details and booking information.

• Event. Event:Hill Dickinson: MCA and DOLS - the latest updates (online, 12/3/24) — “We will be shining a spotlight on the area of capacity in relation to sexual relations, discussing withdrawal of treatment cases involving children, and we will finish with a more practical session and round up of some common pitfalls and best practice points in bringing Court of Protection applications.” Cost: free. See Hill Dickinson website for further details and booking information.

• Event. Event:Court of Protection User Group: General meeting (online, 23/4/24) — This meeting will take place via Microsoft Teams at 2pm. Send items to be included on agenda by 4pm 9/4/24. Please contact email Natalie.Cheesewright@Justice.gov.uk for details.

• Event. Event:MHLA: Panel course (online, 4-5 March 2024) — 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 accreditation scheme (formerly called the ‘panel’). Cost: £300 (members); £270 (group booking); £390 (non-member). See MHLA website for further details and booking information.

• Event. Event:PELT: Introduction to MCA and DOL (online, 11/4/24) — Intensive introduction to all those who need a basic understanding of the MCA and DOLS. Identifying the ‘decision maker’ as the person responsible for the outcome of that particular decision is the key to lawful decision making on behalf of those who lack capacity. Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.

• Event. Event:PELT: Introduction to the MHA, Code and Tribunals (online, 18/4/24) — The basic course is for all those who need an understanding of the MHA and Code and how it works in practice. It is aimed at all those whose work involves working with those detained, or who may be detained, under the MHA. Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.

• Event. Event:PELT: Becoming a Mental Health Act Administrator - the Basics (online, 25/4/25) — The course is designed to equip new or less experienced MHAAs with the tools to do their job effectively. It will assume little or no knowledge of the MHA. Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.

• Event. Event:PELT: Introduction to COP, including s21A appeals (online, 1/5/24) — The Court of Protection has a very wide ambit potential touching the lives of many vulnerable people. DoLS and procedures are authorised or challenged and where arguments about capacity or adult protection and best interests are resolved. It is essential for those working with vulnerable people / safeguarding. Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.

• Event. Event:PELT: MHA Masterclass (online, 9/5/24) — This course will allow practitioners to reflect and update their practice by ensuring they have an up to date understanding of the law. The contents of the course will be up to date and reflect any changes or significant developments which affect lawful practice. To include relationship between MHA and DoLs. Speaker: Peter Edwards and guest speaker. Cost: £125 plus VAT. See PELT website for further details and booking information.

• Event. Event:PELT: Court of Protection and MCA Masterclass (online, 16/5/24) — Reviews recent developments in Court of Protection cases. It will include the latest CoP cases on deprivation of liberty, capacity, health and welfare, legal aid and treatment and what practitioners can learn from these cases that will promote effective and lawful MCA practice. Speaker: Peter Edwards and guest speaker. Cost: £125 plus VAT. See PELT website for further details and booking information.

• Event. Event:PELT: Masterclass for MHA Administrators (online, 23/5/24) — This course assumes basic knowledge and experience and will examine the many demands of job and provide some effective and legal coping mechanisms. The course will enable a group of experienced MHAAs to get together and share both the demands of the job and some solutions. Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.