July 2025 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 2487 categorised cases

  • Chronology. See July 2025 chronology for this month’s changes to the website in date order.

Cases

  • Case (No complaint without consent). West Sussex County Council (24 017 091) [2025] MHLO 15 (LGSCO) — Ombudsman’s summary: “We will not investigate this complaint about the Council’s response to safeguarding and other actions relating to Mrs X’s mental capacity assessment. This is because we do not have consent from Mrs X to investigate, and nor do we believe Mrs Y can make a complaint about these actions, on Mrs X’s behalf, as her representative.”

Resources

  • Mental capacity law newsletter. 39 Essex Chambers, ‘Mental Capacity Report’ (issue 152, July 2025) — “Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: what to do when an advance decision to refuse treatment may be in play, and the consequences of the gaps between services for those with disordered eating; (2) In the Property and Affairs Report: capacity in the rear view mirror: how does the presumption work?; (3) In the Practice and Procedure Report: disclosing position statements to observers; habitual residence, moving jurisdictions and ‘lawful authority;’ and the impact on P of being assessed; (4) In the Mental Health Matters Report: progress of the Mental Health Bill and the tort consequences of a finding of Not Guilty by Reason of Insanity; (5) In the Children’s Capacity Report: a depressing snapshot from the national DoL court, human rights of children in the social care system and capacity and gender-affirming treatment; (6) In the Wider Context Report: the Oliver McGowan statutory learning disability and autism training, and the pitfalls of facilitated communication (7) In the Scotland Report: joint attorneys in dispute: appropriate remedies and; “If at first you don’t succeed …”: res judicata in tribunal proceedings.”

  • Minutes. COP User Group, ‘Meeting (P and A): Minutes and action points’ (22 January 2025)— Minutes and action points from meeting.

Events