October 2023 update


  • 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 2340 categorised cases

  • Chronology. See October 2023 chronology for this month’s changes to the website in date order.


  • Case (DOL of 17-year-old under Art 5(1)(d)). Re EBY [2023] EWHC 2494 (Fam) — The local authority sought an order under the High Court’s inherent jurisdiction authorising the deprivation of liberty of a 17-year-old girl in accommodation provided under s20 Children Act 1989 with parental consent, arguing that this was a necessary and proportionate measure for the purposes of Article 5(1)(d) (“for the purpose of educational supervision”) in her best interests to protect her from further serious harm as a result of her involvement in criminal gang activity. The court considered whether the inherent jurisdiction was available and whether it should be exercised, and granted the order sought, but only for a short period until a further hearing.

  • Case (Discharge to MCA detention). ML v Priory Healthcare Limited [2023] UKUT 237 (AAC) — A s47/49 post-tariff lifer sought a notification that if he were a s37/41 patient he would be entitled to conditional discharge (with 24-hour support and medication being governed by the MCA) and a recommendation that he remain in hospital pending release. The MHT refused, believing that “the only environment where his medication regime can be enforced is in hospital”. This refusal was based on errors of law: (1) the tribunal was under the misapprehension that there was no way for it to coordinate the MHA proceedings with an MCA authorisation, and it made its decision on the s72(1)(b) detention criteria without reference to the possibility that an alternative framework for managing the patient was available; (2) its reasons were inadequate as it had ignored the central argument that there was a less restrictive alternative to hospital detention.



  • CPD scheme. The CPD scheme is now fully up to date, with 12 tests online relating to the past 12 months’ website updates (6 MHA tests and 6 MCA tests). The scheme is primarily aimed at lawyers, but is also suitable for barristers, psychiatrists, social workers and psychiatric nurses. You can subscribe or resubscribe for £60, or take a test, by visiting the CPD scheme page.


  • Event. Event:Northumbria University: Sexual Autonomy Symposium - Newcastle, 10/11/23 — This symposium and roundtable discussion will be of interest to practitioners, policymakers, academics, advocates, and people with experience of negotiating sexuality and intimacy in care settings. It will take place at Northumbria Law School, with some sessions available to join online. Speakers include: Jonathan Herring, Beverley Clough, Ruby Reed-Berendt, Charlotte Elves, Laura Pritchard-Jones, Julian Hughes, Oluwatoyin Sorinmade, Phil Harper and Giulia Garofalo Geymonat. Cost: free. See Northumbria University website for further details and booking information.

  • Event. Event:Hill Dickinson: Obstetrics cases in the Court of Protection (online, 2/11/23) — This webinar will set out the key principles, provide a case law update, and discuss how best Trusts, clinicians, local authorities and their advisors should approach these difficult cases. Speakers: Tor Butler-Cole, Stephanie David and Claire Christopholus. Time: 1000-1100. Cost: free. See Hill Dickinson website for further details and booking information.

  • Event. Event:Court of Protection User Group: General meeting (online, 18/10/23) — This meeting will be held at 2pm via Teams. Point of contact: Natalie Cheesewright (Natalie.Cheesewright@Justice.gov.uk).

  • Event. Event:Edge Training: 2023 AMHP Conference - London, 1/12/23 — “We are very pleased to announce the return of our very popular AMHP conference. This one-day conference will explore issues relevant to mental health practice. It can contribute towards the statutory requirement of 18 hours relevant training per year. The conference will have speakers presenting relevant and pertinent issues to mental health professionals working in health and social care.” Not just for AMHPs. Speakers: Anslem Eldergill; Leanne Taylor; Simon Foster; Colleen Simon, Vava Tampa & Jenny Lanyero; Christina Cheney & Robert Lewis. Cost: £165 plus VAT. See Edge Training website for further details and booking information.

  • Event. Event:Browne Jacobson: MCA and DoLS (online, 8/11/23) — This webinar will look at some of the most recent leading cases in relation to the Mental Capacity Act and Deprivation of Liberty and the landscape now that Liberty Protection Safeguards implementation has been delayed beyond this parliament. Speaker: Chris Stark. Time: 0930-1030. Cost: free. See Browne Jacobson website for further details and booking information.