The judiciary have been going into overdrive. Since my last mini news update, not only will be reporting upon the vitally important case of Re N and its re-affirmation of the centrality of P in decision-making, we will also have: Re AG  EWCOP 78 on case management, when to have a fact-finding hearing (and […]
Posts tagged Mental Health Act 1983
In PJ v A Local Health Board & Ors  UKUT 0480 (AAC) Charles J, sitting as President of the Upper Tribunal (Administrative Appeals Chamber) has extended the conclusions reached in KD v A Borough Council and the Dep of Health  UKUT 0251 (AAC) (guardianship) and SSJ v KC and C Partnership Foundation Trust  […]
In Secretary of State for Justice v KC and C Partnership NHS Foundation Trust  UKUT 0376 (AAC), Charles J has clarified that it is entirely possible for a person to be given a conditional discharge from detention under the MHA 1983 if the conditions of that discharge amount to an objective deprivation of […]
The wilds of Schedule 1A to the MCA 2005 are explored in this article to which I contributed under the lead authorship of Dr Oluwatoyin A Sorinmade. The published (and graphically polished) version recently appeared in Clinical Risk and permission to Sage to reproduce the submitted article is gratefully acknowledged.
Summary The Upper Tribunal in NL v Hampshire County Council (Mental health: All)  UKUT 475 (AAC) has now pronounced upon the application of the decision in Cheshire West in the context of guardianship. Mr L, who had mild to moderate learning disabilities, was made subject to the guardianship of his local authority. Both parties […]
Those readers who have not already collapsed under the weight of guidance and commentary on the Cheshire West decision may wish to have a look at this paper co-written with Catherine Dobson which is an updated and significantly reworked version of a paper written last year. Warning: it is a long paper for which no apology is […]