September 2025 update

Updates MHLO monthly updates
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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 2507 categorised cases

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

Cases

  • Case (Litigation capacity). GRM v Liverpool University Hospitals NHS Foundation Trust [2025] EWHC 790 (KB) — The court considered the claimant’s capacity to conduct litigation and manage funds, in the context of a clinical negligence claim.

  • Case (Conflict of interest and deputyship). Irwin Mitchell Trust Corporation Ltd v Public Guardian [2015] EWCOP 94 — Application by Irwin Mitchell Trust Corporation for an order relating to the circumstances in which it may appoint an associated company to manage the investments of clients for whom it acts as a deputy for property and affairs.

  • Case (Child DOL). Re N (A child: deprivation of liberty orders) [2025] EWHC 1690 (Fam) — “It is an application for permission to invoke the inherent jurisdiction and, if that were permitted, for an order authorising the local authority to deprive N, a young woman, of her liberty. N was 17 years old when the application was before the court. She is now 18 years old.”

  • Case (Inquest). R (Ferguson) v HM Assistant Coroner for Sefton, Knowsley and St Helens [2025] EWHC 1901 (Admin) — Inquest case with mental health background. Judicial review of decisions that the enhanced investigative duty under Article 2 was not engaged and that the inquest would be heard without a jury because s7(2)(b) Coroners and Justice Act 2009.

  • Case (IPP to s37/41). R v Osmond [2025] EWCA Crim 835 — An extension of time of over 12 years having been granted, the court quashed prison sentences (IPP and determinate) and replaced them with restricted hospital orders.

  • Case (Unduly lenient hospital order). R v Baja (AG’s ref) [2025] EWCA Crim 967 — An unrestricted hospital order was unduly lenient for this rapist, and was substituted with an extended determinate sentence with a 5-year custodial term and 3-year extended licence (which also seems lenient).

  • Case (Unfitness to plead and funding). R v Kurtaj [2025] EWCA Crim 1163 — This appeal against findings made under s4A CPIA 1964 ends with a detailed section entitled “Persons found unfit to plead: representation and funding on appeal”.

  • Case (PB oral hearing). Anditon v Parole Board [2025] EWHC 2099 (Admin) — The mental health background was relevant to the High Court’s decision to quash the refusal to hold an oral hearing.

  • Case (DOLS complaint). London Borough of Redbridge (LGSCO, 24 017 751) — LGSCO Summary: “Mr X complained about the Council’s decision not to authorise a Deprivation of Liberty Safeguards (DoLS) for his adult child, Y. We ended our investigation because the Court of Protection is best placed to address his concerns.”

  • Case (Aftercare complaint). Liverpool City Council (LGSCO, 25 000 113) — LGSCO Summary: “Ms X complains the Council, Trust and ICB are not providing her with section 117 aftercare support which she is entitled to after being detained under Section 3 of the Mental Health Act 1983. We will not investigate this complaint because we have seen evidence all the organisations have offered support, Ms X does not agree this is the right support for her so she is not engaging. An Ombudsmen investigation is unlikely to find fault.”

  • Case (MHA assessment complaint). Royal Borough of Windsor and Maidenhead Council (LGSCO, 24 020 393) — LGSCO Summary: “Miss X complained about the way professionals assessed her under the Mental Health Act 1983 and their recommendation that she should be detained. We will not investigate Miss X’s complaint. This is because it is unlikely an investigation would be able to find evidence of fault.”

  • Case (Capacity and homelessness application). London Borough of Redbridge (LGSCO, 25 007 484) — LGSCO summary: “The Council failed to properly assess the capacity of three family members to make a homelessness application when they told the Council they were suffering domestic abuse. The Council did not deal with the safeguarding referral appropriately or in good time, and did not offer the family social care needs assessments soon enough. It cannot show how it made the decision to offer a one-bedroom property and it took too long to deal with the complaint to it. The family missed out on interim accommodation, and they were caused distress and uncertainty. The Council has agreed to apologise, make symbolic payments to the family, and review their housing needs. It will also review its training and procedures on mental capacity assessment, arranging interpreters, and monitoring case progress.”

  • Case (Financial complaint). Norfolk County Council (24 008 908) [2025] MHLO 16 (LGSCO) — Ombudsman’s summary: “Mr X complained the Council failed to protect his late sister in-law, Ms Y, from financial abuse. There was no fault in the way the Council investigated Mr X’s concerns under its safeguarding procedures. However, the Council was at fault for not applying for deputyship to manage Ms Y’s finances when her capital reached the limit set out in the Council’s policy. This caused Mr X and his wife distress and uncertainty. The Council has already apologised to Mr X. It did not cause an injustice to Ms Y as there was no evidence the Council mismanaged her finances. In addition, the Council has amended its policy to prevent a recurrence of fault.”

  • Case (Sex and marriage). Re W (Capacity to engage in sexual relations and marry) [2025] EWCOP 32 (T2) — W, a 32 year old woman with a learning disability and a childhood diagnosis of autism, had the capacity to engage in sexual relations (“but she is a vulnerable individual who will need support at appropriate times to be able to effectively exercise that capacity”) and to enter into marriage or a civil partnership.

  • Case (Contempt appeal). Macpherson v Sunderland City Council [2025] EWCA Civ 1159 — Appeal against Court of Protection’s finding of contempt of court and sentence of imprisonment.

  • Case (Capacity and contempt). Macpherson v Sunderland City Council [2025] EWCOP 18 (T3) — The Court of Protection decided, the matter having been referred by the Court of Appeal, that the appellant had had capacity to conduct proceedings when she had been imprisoned for contempt, and that she currently had capacity to conduct an appeal.

  • Case (Committal proceedings). Torbay Council v Bench [2023] EWCOP 75 (T2) — The respondent had associated with YY on three occasions in breach of an injunction. The court re-sentenced her, adding 7 days to the previous 14 days, rather than activate the suspended sentence.

Resources

Events

  • Event. Event:MHLA: 26th Annual Conference (London, 14 November 2025) — The conference will take place at the Victory Services Club in London. Speakers: Najmus Mardabux (LAA); Laura Janes (case law update); Callum Ross (consultant forensic psychiatrist); Michael Kennedy (barrister/ALR); Angela Munley (MOJ), Paul Swinglehurst (consultant psychiatrist); Deputy Chamber President. Cost: £160 (members), £230 (non-members), £145 (group discount). See MHLA website for further details and booking information.

  • Event. Event:MHLA: Panel course (online, 3-4 November 2025) — The Mental Health Lawyers Association is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s accreditation scheme (formerly called the ‘panel’). Cost: £300 (members), £390 (non-members), £270 (group discount). See MHLA website for further details and booking information.

  • Event. Event:Court of Protection User Group: General meeting (online, 22 October 2025) — This meeting will be held at 2pm via Teams. Email Natalie Cheesewright (Natalie.Cheesewright@Justice.gov.uk) for further details or (by 4pm on 1 October 2025) with items to be included on the agenda.

  • Event. Event:PELT: Introduction to the MHA, Code and Tribunals (online, 12 November 2025) — “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. See PELT website for further details and booking information.

  • Event. Event:PELT: Becoming an MHA Administrator - the Basics (online, 20 November 2025) — “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. See PELT website for further details and booking information.

  • Event. Event:PELT: Introduction to MCA and Deprivation of Liberty (online, 27 November 2025) — “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. See PELT website for further details and booking information.

  • Event. Event:PELT: Introduction to COP, including s21A appeals (online, 3 December 2025) — “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. See PELT website for further details and booking information.

  • Event. Event:PELT: MHA Masterclass (online, 17 December 2025) — “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 and progress on Mental Health Bill.” Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.

  • Event. Event:PELT: Court of Protection and MCA Masterclass (online, 21 January 2026) — “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.” Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.

  • Event. Event:PELT: Children and Young People - DOL, Competency and Capacity (online, 28 January 2026) — “Complex interface between PR, Children Act, Inherent Jurisdiction, MHA, and MCA and Court of Protection. To understand depriving / restricting liberty of C and YP, you need basic knowledge of Children’s legislation, the MCA, The Inherent Jurisdiction, Competency /Capacity, Change in Gillick. What is a DOL, Role of parental consent, How do you authorise a DOL, deciding on which process or court to use, role of the Inherent Jurisdiction, Court of Protection, powers of contempt.” Speaker: Peter Edwards. Cost: £125 plus VAT. See PELT website for further details and booking information.

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