February 2026 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 £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 2537 categorised cases

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

Cases

  • Case (Slip rule). R (Richards) v SSHD [2026] EWHC 394 (Admin) — This case concerned the scope of the Parole Board Rules 2019 slip rule, which is similar to Tribunal rule 44.

  • Case (Conditional discharge to remain informally). DB v Humber Teaching NHS Foundation Trust [2026] UKUT 57 (AAC) — The tribunal had been wrong to believe that a restricted patient must either be detained in a hospital or discharged into the community, and should not on that basis have rejected the patient’s request for (immediate) conditional discharge followed by remaining in hospital informally. Detention cannot be a condition of discharge. But a patient may remain in the hospital, or later be admitted, informally during a conditional discharge. This possibility is one of the factors that may be taken into account when deciding whether to discharge a patient conditionally.

  • Case (DCD and no mental disorder). AN v St Andrew’s Healthcare [2026] UKUT 32 (AAC) — At a hearing in January 2025 the tribunal decided that the patient had no mental disorder and granted a deferred conditional discharge. In September 2025 the panel refused to reconvene, allowing a further six months for arrangements, and in October 2025 a salaried tribunal judge again refused. (Both the hospital and patient wanted the tribunal to reconvene: the hospital had lost an appeal against the original decision, and wanted to argue that there had been a deterioration; the patient wanted to argue that he was being unlawfully detained as the conditions had proved impossible to meet so he should be discharged without them.) On an appeal against the October 2025 refusal the Upper Tribunal decided that: (1) The caselaw can be summarised as: “Patients who do not have a mental disorder may be detained for a reasonable period in order to make arrangements to ease them back into the community. If those arrangements are not identified within a reasonable time, the patient must be discharged either absolutely or subject only to the possibility of recall.” However, the panel had allowed a further six months because of the complexity of the task and the STJ had been entitled to refuse. (2) The tribunal will retain its full powers when it reconvenes, and in particular will have to make a finding on mental disorder on the evidence available at that time. If the issue arises whether a tribunal should make a different finding at a reconvened hearing, fairness requires that the patient be given notice.

Legislation

  • Legislation. Mental Health Review Tribunal for Wales (Membership) Act 2026 — This Act amends the MHA 1983 to allow registered medical practitioners without a licence to practise to be MHRTW medical members, and to apply that change retrospectively. That resolves a problem identified in the 2015 edition of Richard Jones’s MHA Manual. The Act also requires the Welsh Ministers to carry out a review of the training arrangements maintained by the President of Welsh Tribunals for medical members of the MHRTW who do not hold licences to practise, and to publish a report of the review no later than 22 January 2027.

Resources

  • T110. Form T110: Application to First-tier Tribunal (Mental Health) (02.26) — Updated tribunal application form to accommodate MHA 2025 changes. Question 1 has two new tick boxes: (a) Application for a conditionally discharged patient who is not subject to conditions which amount to a deprivation of liberty; and (b) Application for a conditionally discharged patient who is subject to conditions which amount to a deprivation of liberty.

  • Police station book. Ed Cape et al, Defending Suspects at Police Stations (9th edn, LAG 2025) — Mainly for police station advisers, but the “Children and other vulnerable detainees” chapter will be of interest to mental health lawyers.

  • Parole Board book. Hamish Arnott, Simon Creighton and Laura Janes, Parole Board Hearings: Law and Practice (4th edn, LAG 2025) — Mental health law is mentioned where relevant throughout, and the chapters on determinate and indeterminate sentences will be of interest to mental health lawyers representing transferred patients.

  • MHA 2025 explanatory notes. Mental Health Act 2025 Explanatory Notes — Official explanatory notes for the Mental Health Act 2025.

  • DOL CD application form. HMPPS, ‘Supervised Discharge application form’ (18 February 2026)

  • DOL CD guidance. HMPPS, ‘Supervised Discharge FAQs’ (18 February 2026) — 23 questions and answers.

  • DOL CD guidance. HMPPS, ‘Supervised discharge guidance’ (18 February 2026) — “This document provides clear guidance for clinical teams on all the critical elements associated with the provision of supervised discharge by the SSJ and how it will be managed operationally. It is designed to be usable for Responsible Clinicians who are considering supervised discharge for their patient as well as for teams who are managing a supervised discharge patient in the community and reflects the differing challenges that working with these patients brings to bear.”

  • Statistics on technical lifers. Ministry of Justice, ‘How many technical lifers currently exist?’ (FOI response 251127065, 17 December 2025) — On 31 December 2024 there were 20 patients with technical lifer status, of which 13 had been conditionally discharged.

  • Statistics on removal of restrictions. Ministry of Justice, ‘Removal of restrictions, under s42(1) MHA 1983’ (FOI response 260108061, 5 February 2026) — Between 1 January 2016 and 31 December 2024 inclusive the Ministry of Justice received 28 applications requesting removal of restrictions and, during that period, issued two warrants to remove restrictions.

  • MHA conditional discharge. Mental Health Tribunal, ‘MHA 2025 - an introduction to the new conditional discharge provisions’ (10 February 2026) — This guidance includes the following points: (1) The tribunal will refer to the new type of conditional discharge as “conditional discharge with a deprivation of liberty” and abbreviate it as “CD (Dep)” (noting that there is no new form of discharge and that “supervised discharge” does not appear in the Act). (2) The likely basis for DOL will be a condition that the patient must not leave his accommodation unaccompanied at any time (or at least is not free to decide when to leave). (3) Any relaxation of a condition must be by the tribunal or SSJ rather than by the clinical team. (4) DOL CD does not give any power to restrain a patient who chooses to leave his accommodation unaccompanied so, as with normal conditions, it is good practice only to impose the condition if the patient agrees. (5) In very many cases testing on escorted leave will be required to demonstrate likely compliance. (6) DOL CD is available to any restricted patient: those with any mental disorder (though likely most will have learning disabilities or some other lifelong neurodevelopmental condition) and regardless of capacity (there may in fact be advantages over the MCA). (7) The guidance explains the historical context as well as some details of the new power and related amendments. (8) The conditions bank has been updated, as have the VLO notification forms and decision templates.

  • Mental capacity law newsletter. 39 Essex Chambers, ‘Mental Capacity Report’ (issue 156, February 2026) — “Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: two tributes following recent deaths of MCA champions, and best interests in the balance; (2) In the Property and Affairs Report: ACC guidance from the OPG and guidance for regulated business on capacity issues; (3) In the Practice and Procedure Report: personal welfare deputies revisited and facilitating access to pro bono representation; (4) In the Mental Health Matters Report: the Mental Health Act 2025 and the Supreme Court considers illegality and insanity; (5) In the Children’s Capacity Report: looked after children and serious medical treatment and a consent confusion around DNACPR; (6) In the Wider Context Report: cannabis, criminality and capacity – a Jersey perspective; (7) In the Scotland Report: a guest post from the Minister responsible for AWI reform and the Scottish perspective on treatment refusal by children.”

  • MH Bill explanatory notes. Mental Health Bill 2024 (Bill 225) Explanatory Notes (24 April 2025) — “These Explanatory Notes relate to the Mental Health Bill [HL] as brought from the House of Lords on 24 April 2025 (Bill 225).” Note that some amendments were made between this and the final Mental Health Act 2025. Superseded by: Mental Health Act 2025 Explanatory Notes.

News

  • MHA 2025 information update. As well as pages for all the 18 February 2026 changes, pages for the following MHA 2025 changes have now been added: (1) Burden of proof removed from patient in guardianship cases; (2) Eligibility period for s2 tribunal applications extended to 21 days; (3) New principles to inform decisions; (4) New Code of Practice procedure for Wales. Note that no commencement dates exist for these changes. See Mental Health Act 2025 Overview for details.

  • MHA amendments on 18 February 2026. Thank you to those who provided feedback on MHLO’s structure for documenting the MHA 2025 changes. There will be a separate web page for every change, linking to pages for the relevant provisions of the MHA - and each of those pages will show prospective, current and/or past versions for easy comparison. The changes coming into force on 18 February 2026 are: (1) Conditional discharge can include deprivation of liberty conditions; (2) Mandatory tribunal references for DOL conditionally discharged patients; (3) New tribunal eligibility periods for conditionally discharged patients; (4) Updated list of immigration legislation for s48 transfers; (5) Section 48 transfer available from youth detention accommodation; (6) Minor typographical amendment to Schedule 1 MHA 1983. See Mental Health Act 2025 Overview for details of each.

Events

  • Event. Event:MHLA: Legal updater (online, 12 March 2026) — The course will include: (1) Brief overview of key case law underpinning mental health practice; (2) An overview of the Mental Health Act 2025; (3) An outline of other recent developments in case law and procedure; (4) Case studies to apply the learning; (5) Q & A on accreditation and re-accreditation. Cost: £120 (member), £160 (non-member). See MHLA website for further details and booking information.

  • Event. Event:MHLA: How to do a mental health tribunal (London, 13 April 2026) — “The MHLA is pleased to present a one-day course on conducting a mental health tribunal, with a reminder and refresher of the case law basics for conducting Part II work.” Cost: £150 (member), £195 (non-member). See MHLA website for further details and booking information.

  • Event. Event:MHLA: Legal updater (Birmingham, 13 May 2026) — The course will include: (1) Brief overview of key case law underpinning mental health practice; (2) An overview of the Mental Health Act 2025; (3) An outline of other recent developments in case law and procedure; (4) Case studies to apply the learning; (5) Q & A on accreditation and re-accreditation. Cost: £150 (member), £195 (non-member). See MHLA website for further details and booking information.

  • Event. Event:MHLA: Restricted Cases (Leeds, 11 June 2026) — The course covers: (1) Restricted sections and provenance; (2) Duration of restricted sections; (3) Powers of MHT; (4) Managing a restricted case; (5) MAPPA. Cost: £150 (member), £195 (non-member). See MHLA website for further details and booking information.

  • Event. Event:MHLA: Legal Aid supervision (Birmingham, 12 June 2026) — “This highly acclaimed course takes delegates through the Legal Aid Agency supervisor standards and procedures. Our expert trainers will provide guidance and advice on how to supervise effectively and in line with your contractual obligations. Whether you are an experienced supervisor looking to refresh and enhance your skills to inform effective supervision, or thinking about applying for supervisor status, this course will provide you with the opportunity to develop your skills and technique.” Cost: £150 (member), £195 (non-member). See MHLA website for further details and booking information.

  • Event. Event:MHLA: Advocacy, Risk and Cross-Examination Masterclass (Leeds, 2 July 2026) — It is acknowledged that the key point of any case before the tribunal is often ‘risk’. This one-day course is designed to enhance advocacy and case preparation skills. The focus is on preparing for advocacy, with advice on ‎cross-examination of the medical witnesses and taking evidence-in-chief from the client, along with formulation and delivery of effective submissions. Cost: £150 (member), £195 (non-member). See MHLA website for further details and booking information.

  • Event. Event:MHLA: Legal updater (London, 9 September 2026) — The course will include: (1) Brief overview of key case law underpinning mental health practice; (2) An overview of the Mental Health Act 2025; (3) An outline of other recent developments in case law and procedure; (4) Case studies to apply the learning; (5) Q & A on accreditation and re-accreditation. Cost: £150 (member), £195 (non-member). See MHLA website for further details and booking information.

  • Event. Event:MHLA: How to do a mental health tribunal (London, 7 October 2026) — The MHLA is pleased to XYZXYZsent a one-day course on conducting a mental health tribunal, with a reminder and refresher of the case law basics for conducting Part II work. Cost: £150 (member), £195 (non-member). See MHLA website for further details and booking information.

  • Event. Event:MHLA: Legal updater (online, 21 October 2026) — The course will include: (1) Brief overview of key case law underpinning mental health practice; (2) An overview of the Mental Health Act 2025; (3) An outline of other recent developments in case law and procedure; (4) Case studies to apply the learning; (5) Q & A on accreditation and re-accreditation. Cost: £120 (member), £160 (non-member). See MHLA website for further details and booking information.

  • Event. Event:PELT: Children and Young People - DOL, Competency and Capacity (online, 25 February 2026) — “Complex interface between PR, Children Act, Inherent Jurisdiction, MHA, and MCA and Court of Protection. To understand depriving / restricting liberty of C and YP, you need basic knowledge of Children’s legislation, the MCA, The Inherent Jurisdiction, Competency /Capacity, Change in Gillick. What is a DOL, Role of parental consent, How do you authorise a DOL, deciding on which process or court to use, role of the Inherent Jurisdiction, Court of Protection, powers of contempt.” 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, 13 May 2026) — “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: Introduction to MCA and DOL (online, 20 May 2026) — “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 COP, including s21A appeals (online, 27 May 2026) — “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.