July 2021 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 2169 categorised cases

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

Resources

  • Response to MHA review. SSHSC, LC and SSJ, ‘Reforming the Mental Health Act: Government response to consultation’ (CP 501, July 2021) —The easy-read version contains the following headings: Introduction; Four principles; Reasons for keeping people in hospital; Your right to go to a tribunal; People who have gone back into hospital; Giving tribunals more power; Hospital manager’s panel hearings; Choosing your care and treatment; Making sure your choices are listened to; Care and treatment plans; Refusing treatment; Asking a tribunal to stop your treatment; Agreeing to go into hospital; Nominated person; Advocacy; The Mental Capacity Act; Accident and emergency departments; Going to a mental health hospital from prison; People who have been in trouble with the law; The Social Supervisor; People with a learning disability and autistic people; People with a learning disability who get into trouble with the law; Care (Education) and Treatment Reviews; The Care Quality Commission (CQC); Community Treatment Orders (CTOs).

  • Short case law summaries. Aasya Mughal and Steven Richards, ‘MHA and MCA case law summary sheet’ (Edge Training, June 2021) —This five-page document contains short summaries of cases under the following headings: (1) surgery; (2) covert medication; (3) pregnancy and caesarean section; (4) mental capacity to consent to admission or accommodation; (5) anorexia nervosa - MHA or MCA? (6) use or weigh information; (7) personality disorder; (8) religious delusions and mental capacity; (9) sexual relations; (10) fluctuating capacity; (11) self-neglect; (12) DoLS for the objecting patient in a care home, and prescription of clozapine; (13) alcohol use and the MCA; (14) 17 year old in hospital and neither MHA or DoLS apply; (15) dialysis as a treatment for mental disorder under the MHA; (16) Mental Health Act or DoLS when admitting a person to a MH hospital; (17) Leave of absence (MHA) and DoLS; (18) Guardianship and DoLS; (19) Community Treatment Orders (CTO) and DoLS; (20) Conditional Discharge and DoLS.

  • DOLS case law summaries. Aasya Mughal and Steven Richards, ‘Deprivation of Liberty Safeguards - case law summary’ (Edge Training, July 2021 edition) —This five-page document summarises selected domestic and European caselaw on deprivation of liberty.

  • Tribunal guidance on references, Tribunal guidance on references. Mental Health Tribunal, ‘SM v Livewell Southwest - new process for references’ (30/6/21) —The DHSC has agreed to make an urgent reference on the day of a hearing when the tribunal find that the patient lacked capacity to make the application but the hearing should go ahead., The DHSC has agreed to make an urgent reference on the day of a hearing when the tribunal find that the patient lacked capacity to make the application but the hearing should go ahead.

  • Devon case tribunal guidance. Mental Health Tribunal, ‘Devon Partnership NHS Trust case and guidance on how to deal with issues arising from this case’ (30/6/21) —If tribunal proceedings began in relation to an unlawful section (based on a remote assessment) but the patient now is on a new section and wishes the hearing to go ahead, the tribunal is likely to strike out the initial application/reference but facilitate the patient in making a new application. The guidance focusses on the patient making an application, rather than seeking a reference to preserve the right to make a later application (see Mental Health Tribunal, ‘SM v Livewell Southwest - new process for references’ (30/6/21) for the ability to seek an urgent reference in another context), or the argument mentioned in this forum topic that the changed section could be treated in the same way as other changes of status.

  • Escape fee guidance. Legal Aid Agency, ‘Guidance for electronic submission of Escape Case Claims’ (13/5/21) —Electronic submission of escape fee claims will be possible, though not mandatory, after the coronavirus restrictions are removed. From 21/6/21 the LAA will require file notes for all items of 1 hour or more. The guidance sets out the requirements and procedure.

Events

  • Event. PELT: Advanced course for Mental Health Act Administrators (online, 24/11/21) — “This course is specifically for MHAA’s. It enables the more experienced to get together and learn and share skills using an evidence base approach in order to fulfil your statutory and non statutory duties as MHAAs on behalf of hospital managers. The course will include an update on recent legal developments which impact on the role of the MHAA.” Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.

  • Event. PELT: Introduction to COP, including s21A appeals (online, 22/11/21) — “The Court of Protection addresses issues not only of finances but also where deprivation of liberty safeguards and procedures are authorised or challenged, disputed capacity issues are resolved, and where arguments about adult protection and best interests are determined. It is essential that all those working with vulnerable people / safeguarding have an understanding of how to access and use the Court. In certain circumstances there is a legal obligation on authorities to apply to the Court. The course will include updates relating to appeals against Liberty Protection Safeguards if implementation is imminent.” Speaker: Peter Edwards. Cost: £125 + VAT (£150). See PELT website for further details and booking information.

  • Event. PELT: Sex, marriage and relationships (online, 1/11/21) — “Most of us have the right to make unwise decisions. However, in the murky and untidy world of incapacity, life is not like that. The MCA is clear, if you lack capacity to engage in sexual relations, that is it, you cannot do it. Even if you have been married to that person for 60 years. The Court of Protection has been grappling with this thorny subject for many years. There are also many related aspects.” Speaker: Peter Edwards and Ben McCormack. Cost: £125 plus VAT. See PELT website for further details and booking information.

  • Event. PELT: Getting ready for Liberty Protection Safeguards (online, 24/9/21) — “Although LPS are due to be implemented perhaps in April 2022, there much is to be done before then. Some provisions, covering new roles and training, will come into force ahead of that date.” Speakers: Peter Edwards and Lorraine Currie. Cost: £125 + VAT (£150). See PELT website for further details and booking information.