September 2024 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 2354 categorised cases

  • Chronology. See September 2024 chronology for this month’s changes to the website in date order.

Cases

  • Case (Termination of litigation friend appointment). Major v Kirishana [2023] EWHC 1593 (KB) — Appeal against refusal to order termination of litigation friend appointment.

  • Case (Nursing care home - functions of public nature). Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) — The patient died while in a nursing care home operated by the first defendant. The claimant sought damages for clinical negligence and false imprisonment, and under s7 HRA 1998. The High Court struck out the HRA claim (and alternatively would have granted the first defendant summary judgment) as the first defendant was not a public authority or exercising a public function. The House of Lords decision in YL, that a private care home was not performing functions of a public nature had been overidden by Parliament in certain circumstances (by s145 Health and Social Care Act 2008 and now s73 Care Act 2014) but those circumstances did not apply in this case: the “absence of any special statutory power” (since this patient had been unlawfully deprived of his liberty without DOLS authorisation) was an “important factor” in that decision! The Article 2 claim would have been struck out in any event as the required “very exceptional circumstances” required before the State could become responsible for the acts and omissions of health care providers were not present.

  • Case (Section 117 reimbursement). Kent County Council (23 012 780) [2024] MHLO 1 (LGSCO) — The council (having initially ignored a complaint) repaid £114,721.36 which had wrongly been charged between 2002 and 2021 and (having initally paid no interest) agreed to pay £17,368.50 interest, and was directed to pay £700 to remedy distress and £300 to acknowledge the time and trouble pursuing the complaint.

  • Case (Capacity and Article 14 other status). Dudley Metropolitan Borough Council v Mailley [2023] EWCA Civ 1246 — This housing law case considered capacity and “other status” in an Article 14 discrimination claim.

Resources

  • DOL Court data. Nuffield Family Justice Observatory, ‘National deprivation of liberty court: Latest data trends’ (June 2023) — “This briefing highlights high-level data trends during the full 12 months of the court pilot.”

  • National DOL list. President of the Family Division, ‘Revised national listing protocol for applications that seek deprivation of liberty orders relating to children under the inherent jurisdiction’ (September 2023) — “Following the conclusion of the initial pilot scheme in July 2023 and the extensive consultation with judges and other stakeholders which followed, the organisation and listing of DoL orders relating to children under the inherent jurisdiction is being revised. The National DoL Court will no longer operate under that title. In future, all initial applications will be dealt with as part of the National DoL List (‘NDL’) which will continue to be overseen as part of the work of the Family Division.”

  • MHA book. Richard Jones, Mental Health Act Manual (27th edn, Sweet and Maxwell 2024) — The MHA book.

  • Mental capacity law newsletter. 39 Essex Chambers, ‘Mental Capacity Report’ (issue 143, September 2024) — “Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal on belief and capacity, and both sexual and medical complexities before the courts; (2) In the Property and Affairs Report: a guest post updating deputies and attorneys on important responsibilities; (3) In the Practice and Procedure Report: which decisions are for doctors, and which for the courts; jury-rigging Article 5(4) compliance in community DoL cases, and transparency under the spotlight; (4) In the Mental Health Matters Report: a Mental Health Bill on the way, the hard edges of the MHA 1983 and the CQC and Valdo Calocane; (5) In the Wider Context Report: the limits of Article 3 in the context of the inherent jurisdiction, the CQC and covert medication and Lord Falconer’s Assisted Dying Bill; (6) In the Scotland Report: the Scottish Government consults on legislative measures to respond to the Scott Review and a report from the World Congress on Adult Care and Support.”

  • Mental health Legal Aid form. Legal Aid Agency, ‘Form CW 1&2 MH’ (v20, September 2024) — The LAA website update dated 1/9/24 states: “CW1&2 MH and CWC MH updated to reference the 2024 Standard Civil Contract.” Note that para 3.12 of the 2018 Standard Civil Contract Specification states: “We may amend the Application Forms from time to time upon giving at least 28 days’ notice to you.” At the very least (if the website update counts as contractual notice) they will have to accept the old version for 28 days after 1/9/24.

Events

  • Event. Event:Browne Jacobson: Mental health and capacity forum - case law update (online, 5/11/24) — Specifically designed for professionals in health and social care, this session will cover significant recent cases related to mental health, mental capacity and deprivation of liberty. Speakers: Victoria Colclough, Julia Catherall. Time: 9.30am to 10.30am. Cost: free. See Browne Jacobson website for further details and booking information.

  • Event. Event:Blake Morgan: Mental Health & Capacity Matters (online, 10/10/24) — The firm’s annual review of mental health and mental capacity law. Speakers: Eve Piffaretti, Tina Whitman, Daniel Taylor. Cost: free. Time: 10am - 11am. See Blake Morgan website for further details and booking information.

  • Event. Event:PELT: Becoming a Mental Health Act Administrator - the Basics (online, 23/10/24) — The course is designed to equip new or less experienced MHAAs with the tools to do their job effectively. It will assume little or no knowledge of the MHA. Speaker: Peter Edwards. Cost: £125 plus VAT (£150). See PELT website for further details and booking information.

  • Event. Event:PELT: Introduction to the MHA, Code and Tribunals (online, 30/10/24) — The basic course is for all those who need an understanding of the MHA and Code and how it works in practice. It is aimed at all those whose work involves working with those detained, or who may be detained, under the MHA. Speaker: Peter Edwards. Cost: £125 plus VAT (£150). See PELT website for further details and booking information.

  • Event. Event:PELT: Introduction to MCA and Deprivation of Liberty (online, 6/11/24) — Intensive introduction to all those who need a basic understanding of the MCA and DOLS. Identifying the ‘decision maker’ as the person responsible for the outcome of that particular decision is the key to lawful decision making on behalf of those who lack capacity. Speaker: Peter Edwards. Cost: £125 plus VAT (£150). See PELT website for further details and booking information.

  • Event. Event:PELT: Introduction to COP, including s21A appeals (online, 13/11/24) — The Court of Protection has a very wide ambit potential touching the lives of many vulnerable people. DoLS and procedures are authorised or challenged and where arguments about capacity or adult protection and best interests are resolved. It is essential for those working with vulnerable people/safeguarding. Speaker: Peter Edwards. Cost: £125 plus VAT (£150). See PELT website for further details and booking information.

  • Event. Event:PELT: Masterclass for MHA Administrators (online, 20/11/24) — This course assumes basic knowledge and experience and will examine the many demands of job and provide some effective and legal coping mechanisms. The course will enable a group of experienced MHAAs to get together and share both the demands of the job and some solutions. Speaker: Peter Edwards. Cost: £125 plus VAT (£150). See PELT website for further details and booking information.

  • Event. Event:PELT: MHA Masterclass (online, 27/11/24) — This course will allow practitioners to reflect and update their practice by ensuring they have an up to date understanding of the law. The contents of the course will be up to date and reflect any changes or significant developments which affect lawful practice. To include relationship between MHA and DoLs. Speaker: Peter Edwards. Cost: £125 plus VAT (£150). See PELT website for further details and booking information.

  • Event. Event:PELT: Court of Protection and MCA Masterclass (online, 3/12/24) — Reviews recent developments in Court of Protection cases. It will include the latest CoP cases on deprivation of liberty, capacity, health and welfare, legal aid and treatment and what practitioners can learn from these cases that will promote effective and lawful MCA practice. Speakers: Peter Edwards; Sophy Miles, Deputy District Judge of the Court of Protection. Cost: £125 plus VAT (£150). See PELT website for further details and booking information.