July 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 July 2026 chronology for this month’s changes to the website in date order.

Cases

  • Case (After-care charging). Surrey County Council (LGSCO 25 016 444, 13 May 2026) — Ombudsman’s summary: “Mr X complains that a Council and Integrated Care Board did not fund his father’s accommodation under section 117 of the Mental Health Act. Mr X said this led to a financial impact for his father and distress for Mr X in pursuing the complaint. We will not investigate this complaint as the Council has repaid the accommodation fees and it would not be proportionate to investigate the time and trouble for Mr X.”

  • Case (Police). AB v Chief Constable of North Wales Police (2026) EWCC 40 — The use of PAVA spray to stop the claimant from banging his head on the cell wall was unlawful. £2,500 basic/aggravated damages awarded.

  • Case (NR request for assessment). Halton Borough Council (LGSCO 25 007 395, 21 April 2026) — Ombudsman’s summary: “We have found fault in the Council’s actions. The Council failed to properly consider Mrs B’s request for an assessment of her husband under the Mental Health Act 1983 and its communications with Mrs B were poor. This fault has caused distress to Mrs B and her husband. The Council has agreed to apologise to Mrs B and her husband and to pay them a small financial remedy.”

Resources

  • Mental capacity law newsletter. 39 Essex Chambers, ‘Mental Capacity Report’ (issue 162, July 2026) — “Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: Permission to appeal granted in Townsend; post-AGNI guidance; and a new Guidance Note on Capacity for Care Providers; (2) In the Property and Affairs Report: Statutory wills; charging for being an appointee; and guidance on assessing financial capacity; (3) In the Practice and Procedure Report: Court of Protection and child deprivation of liberty statistics; court fees rising; reasons challenges in the Court of Protection; medical treatment cases – whether to issue, and the consequences of waiting too long; (4) In the Mental Health Matters Report: EU Recommendation of the Committee of Ministers to member States on respect for autonomy in mental healthcare; (5) In the Children’s Capacity Report: A CAMHS psychiatrist’s view on child deprivation of liberty cases – and what interventions can help to break the ‘vicious cycle’ of restrictions and institutionalisation; (6) In the Wider Context Report: Adult social care reform; the Muckamore Abbey Inquiry Report is published; and what becomes of solicitors whose clients lacked capacity; and (7) In the Scotland Report: Circumvention and undue influence.”

  • Immigration guidance. Home Office, ‘Inpatient hospital admissions for people detained under immigration powers’ (DSO 06/2026, June 2026) — This guidance includes specific considerations relating to those admitted to hospital under the MHA 1983 (and Scottish and Northern Irish equivalents).

  • Conditional discharge report guidance. HMPPS, ‘MHCS: Conditionally Discharged Patients: Supervision and Reporting’ (October 2025) — “This Guidance has been created to assist Clinical Supervisors and Social Supervisors working out of various teams (Mental Health, Specialist Forensic, Learning Disability, Autism and Adult Social Care Teams) in completing the conditional discharge reports for restricted patients allocated to their team…”

  • Book update. Alex Ruck Keene et al, ‘Court of Protection Handbook: Handbook updates’ (24 June 2026) — This is the third quarterly set of updates to Alex Ruck Keene et al, Court of Protection Handbook: A User’s Guide (5th edn, LAG 2025). The next update is due on 5 October 2026.

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