Website
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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
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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.
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Cases. By the end of this month, Mental Health Law Online contained 2517 categorised cases
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Chronology. See October 2025 chronology for this month’s changes to the website in date order.
Cases
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Case (Suicide of detained patient). Saranveer Sihota: Chesterfield Borough Council (PFD report, 23 October 2025) — The patient had left the Hartington mental health unit at the Callow site in Chesterfield without permission or staff knowledge, and took a taxi to a local building with a wall which was low internally but had a 70ft drop externally. The matters of concern included that “there appears to be a clear risk that, either deliberately or accidentally, people might fall to the ground with high chance of death”, a list of previous incidents involving others, and that it “may reasonably be considered that others with thoughts of suicide may similarly consider that location”.
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Case (Capacity to instruct). Furley Page LLP v KFL [2025] EWHC 1703 (SCCO) — It was argued on behalf of KFL that he had lacked capacity to enter into a retainer so should not have to pay £71,850.64 in legal fees.
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Case (Reporting restrictions). Norfolk County Council v CA & Ors [2025] EWCOP 16 (T3) — The court decided to remove the part of the Transparency Order preventing publication of “any material that identifies or is likely to identify the specific relationship between [CA] and the defendant”, so that Caroline Grady could be identified as CA’s daughter, and therefore the link between two previous published judgments (fact finding and contempt) could be acknowledged.
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Case (Capacity, inherent jurisdiction). Norfolk County Council v CA [2024] EWCOP 64 (T3) — The court found facts in relation to a variety of allegations (about DA’s treatment of her 79-year-old mother CA), considered capacity in various areas (including litigation, care, property and affairs, making and revoking LPAs) and best interests, and the inherent jurisdiction to protect vulnerable adults.
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Case (Capacity to instruct). Aina Khan Law Ltd v Legal Ombudsman [2025] EWHC 1319 (Admin) — The Legal Ombudsman’s conclusion that the solicitor had not adequately assessed her client’s capacity when taking her on as a client and carrying out work on her behalf was irrational.
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Case (Cross-sex hormones). ATN v BTN [2025] EWHC 1325 (Fam) — The court agreed to the instruction of an expert endocrinologist in relation to the GP’s ongoing prescription of spironolactone and oestrogen to a 17-year-old, but did not agree to the instruction of an expert psychiatrist to assess whether the patient had capacity to take decisions with respect to it and its psychiatric impact.
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Case (Capacity to enter into contract). Rogers v Wills [2025] EWHC 1367 (Ch) — The claimant had been principal carer for her mother prior to death, and sued her brother (now executor of the estate) for payment, with claims in contract and unjust enrichment. Part of the judgment involved deciding whether the mother had had capacity to enter into a contract to be cared for at the claimant’s home for a reasonable price.
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Case (Litigation capacity). M v Navis [2022] EWHC 221 (QB) — “There are before the Court an appeal and three applications. Each concerns the position of the Official Solicitor in this litigation.”
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Case (Litigation capacity). M v Navis [2025] EWHC 759 (KB) — The fundamental question that underpinned all issues was whether the claimant was able, and whether he had been able in May 2023 (when he had discontinued proceedings), to use and weigh information as part of the process of making decisions, in the context of litigation, within the meaning of s3(1)(c) Mental Capacity Act 2005.
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Case (Contempt sentencing). Norfolk County Council v Grady (Re CA) [2025] EWCOP 15 (T3) — The judge found that the defendant had breached undertakings and an injunction, and sentenced her (with a fine) for contempt.
Legislation
- Legislation. Supported Housing (Regulatory Oversight) Act 2023 — “An Act to make provision about the regulation of supported exempt accommodation; to make provision about local authority oversight of, and enforcement powers relating to, the provision of supported exempt accommodation; and for connected purposes.”
Resources
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MHCS update. Ministry of Justice, ‘Mental Health Casework Section stakeholder update’ (October 2025) — This update states: (1) A restricted patient cannot be considered “clinically ready for discharge” until an application has been made to the MHCS or MHT. The MHCS is rarely the cause of delays to discharge as it meets its targets and so “we do not operate with delays”. (2) The MHCS is reviewing its processes around unfitness to plead, including resumption of prosecution, and welcome views. (3) Supervised discharge (conditional discharge with DOL conditions) might begin in early 2026. (4) From October 2025 the MHCS wants to be told of planned prison remission dates. (5) Requests for transfers to “blended secure services” should state the classification under the national service specifications. The update also mentions two events in November 2025.
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Tribunal victims guidance. Practice Guidance on procedure for handling representations from victims in the mental health jurisdiction of the HESC chamber (Practice guidance no 2 of 2025, 27 May 2025) — This guidance was updated following the introduction of victim impact statements in the Mental Health Tribunal.
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Overseas witnesses and observers. HESC, ‘Taking oral evidence from abroad and representatives and observers appearing from abroad’ (Presidential Guidance Note No 1 of 2022, September 2022) — “This guidance is issued to draw to the attention of judicial office holders and parties to proceedings in the Health, Education and Social Care Chamber the decision of the Upper Tribunal in Agbabiaka (evidence from abroad; Nare guidance) [2021] UKUT 286 (IAC)B and the procedure to be followed when a party to a case wishes to rely upon oral evidence given by video or telephone by a person (including the party themselves) who is in the territory of a nation state other than the United Kingdom.”
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T144. Form T144: Victim representations and Victim Impact Statement (09.25) — Gov.uk update notes: “Updated the tribunal’s telephone number and address in the form.” See summary of previous version.
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T114. Form T114: Witness expenses and guidelines (09.25) — Expenses form. Gov.uk update notes: “Updated the tribunal’s address and telephone number in the form.”
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T128. Form T128: Options for your tribunal referral hearing - community patients (09.25) — This is the form which is sent to CTO patients inviting them to cancel their tribunal referral oral hearings (and have a paper review instead). Gov.uk update notes: “Updated the tribunal’s address and telephone in the form.”
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T113 (CMR1). Form T113 (CMR1): Case management and pre-hearing (09.25) — Gov.uk update notes: “Updated the tribunal’s address in the form.”
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T116. Form T116: Application to First-tier Tribunal - Guardianship (09.25) — Gov.uk update notes: “Updated the tribunal address in the form.”
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MHA. Richard Jones, Mental Health Act Manual (28th edn, Sweet and Maxwell 2025) — The MHA book.
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MHCS contact list. HMPPS, ‘Mental Health Casework Section contact list’ (25 September 2025) — “Names, email address and telephone numbers for the HM Prison and Probation Service Mental Health Casework Section.” The magic book entry at Contact:Ministry of Justice - Mental Health Casework Section has been updated with these details.
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Ethnicity statistics. NHS Digital, ‘Ethnicity facts and figures: Detentions under the Mental Health Act’ (16 August 2024) — (1) Detention rates in 2022/23 by ethnic group, from lowest to highest, were: Chinese (52 for every 100,000 people), Indian (55), white British (63). white (64), mixed white and Asian (69), white Irish (69), Pakistani (70), Asian (75), Bangladeshi (78), white other (86), mixed white and black Caribbean (102), other (107), Asian other (117), mixed white and black African (139), black African (158), mixed (158), other ethnic groups (171), black Caribbean (223), black (228), mixed other (288), black other (715). Detention rates for the five ‘other’ categories may be overrepresented (and the non-‘other’ categories therefore underrepresented). Rates have been standardised for age. (2) Detention rates were significantly lower than the previous year (3,087 per 100,000 rather than 4,529) which is partly explained by the increase in population estimates based on the 2011 and 2021 censuses.
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Supported housing. Rushanara Ali, ‘Update on the Supported Housing Regulation Consultation’ (statement UIN HCWS800, 10 July 2025) — “It is clear from the consultation responses, and engagement with the sector, that elements of the licensing regime design will need to be refined before regulations can be laid and work is now underway to achieve this. … We will aim to publish a full government response after Summer Recess, in advance of consulting on the draft regulations in early 2026 and implementing the Act as soon as is practicably possible.”
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ADHD and benefits. DWP, ‘DMG memo 07/25: DLA - ADHD and severe mental impairment - effect of Upper Tribunal decision’ (June 2025) — Guidance on the decision in PM v SSWP [2025] UKUT 85 (AAC).
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Unregistered placements. Children’s Commissioner, ‘Illegal Children’s Homes’ (December 2024) — The headings in the executive summary are: Findings; Who are the children in unregistered homes?; What are the placements like?; Differences between children on or not on Deprivation of Liberty orders; What is next for these children?.
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Mental capacity law newsletter. 39 Essex Chambers, ‘Mental Capacity Report’ (issue 154, October 2025) — “Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: time-specificity of capacity (again), a Welsh primer on key caselaw and urban myths around s.4B MCA 2005; (2) In the Property and Affairs Report: two guest articles from new members of the Court of Protection on attorney elephant traps; (3) In the Practice and Procedure Report: the purpose of transparency and the length of restrictions, and the contempt consequences of being found to have capacity; (4) In the Mental Health Matters Report: progress of the Mental Health Bill and the CRPD and the United Kingdom in a stand-off; (5) In the Children’s Capacity Report: the Law Commission’s Disabled Children’s Social Care report and improving the outcomes of children in complex situations; (6) In the Scotland Report: an update on AWI reform.”
News
- 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 CPD scheme is primarily aimed at mental health solicitors, and is an ideal way to evidence your continued competence, but is also suitable for barristers, psychiatrists, social workers and psychiatric nurses. You can subscribe or resubscribe for £75, or take a test, by visiting the CPD scheme page.
Events
- Event. Event:Ministry of Justice: Supervised discharge (online, 25 November 2025) — “Supervised Discharge – the power to discharge capacitous restricted patients with conditions that amount to a deprivation of liberty. This session will be led by one of our Senior Management Team members. It will be as interactive as possible so you will have an opportunity to ask as many questions as you like. Alternatively, if you would like to raise a question or topic of interest to be discussed during the session you can let us know in advance by emailing mhcscpst@justice.gov.uk.” Time: 10.30am to 11.30am. Cost: free. See Microsoft Teams website for further details and booking information.