A Health and Social Care Trust v JU [2023] NIFam 12 provides an interesting take on the extent of positive… Read more
Category: Mental Health
The MHA/MCA interface revisited – Theis J rolls up her sleeves
Theis J has waded into the thickets of Schedule 1A. In Manchester University Hospital NHS Foundation Trust v JS &… Read more
Section 117 MHA, after-care, and ordinary residence: the Supreme Court gives clarity
The Supreme Court has clarified one aspect of the perennially thorny question of responsibility for funding after-care under s.117 MHA… Read more
What should happen where it appears impossible to engage the person? A high-stakes question for the Court of Protection
In Nottingham University Hospitals NHS Trust & Anor v RL & Ors [2023] EWCOP 22 (a decision handed down in… Read more
Contingency planning and the Court of Protection – what, if any, threshold has to be crossed?
What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’… Read more
Alice in Wonderland, or using the Human Rights Act to extend the coercive powers of the MHA into the community
When can a mental health patient lawfully remain in the community, rather than in hospital, but be deprived of their… Read more
Ordinary residence and s.117 MHA 1983 – back to the statutory guidance
In a perhaps slightly curious development in 2020, the DHSC decided that its own statutory guidance (accompanying the Care Act)… Read more
“Personal examination” and the MHA – FAQs following the Devon judgment
This is an updated version of the post first published on 26 January 2021. I need to emphasise that what… Read more
“Personal examination” means “personal examination” within the MHA
In Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court has… Read more
Not only inimical… but potentially fatal: medical treatment cases and delay
In Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, the delay in bringing and then resolving… Read more