Mental Health Act Review service user and carers surveys extended and new formats

March 21, 2018

The deadline for these surveys has been extended to Friday 6^th April and the surveys now also have easy read and BSL versions, which can all be found at the Review website here.

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39 Essex Chambers April Mental Capacity Reports out
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Mental Capacity (Amendment) Bill [HL]: House of Lords Consideration of Commons amendments
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Case (Death). Hounslow Clinical Commissioning Group v RW [2019] EWCOP 12
— "This is an application brought by the Hounslow Clinical Commissioning Group concerning RW a 78-year-old man, suffering from vascular dementia. ... I would very much have liked to have been able to endorse a plan which permitted RW to return home. There is no doubt at all, as the history of this case shows, […]
Case (Amputation). East Lancashire Hospitals NHS Trust v PW [2019] EWCOP 10
— "This is an application by East Lancashire NHS Trust for orders under the Mental Capacity Act 2005 that PW lacks capacity "to make a decision regarding whether to undergo the leg amputation surgery to address his high risk of sepsis"; and that it is lawful to carry out that surgery having regard to his […]
Case (Damages for unlawful psychiatric detention). PB v Priory Group Ltd [2018] MHLO 74
— A Part 36 offer of £11,500 plus legal costs was accepted in this claim brought for unlawful detention and breach of Article 5. The patient had been detained under s5(2) when not an in-patient, and this section had lapsed for nearly seven hours before detention under s2 began.
Case (Appointment of property and affairs deputy). NKR v The Thomson Snell And Passmore Trust Corporation Ltd [2019] EWCOP 15
— "The application before the Court is for the discharge of the appointment of an existing professional property and affairs deputy, and the appointment of another instead. The discharge of the current deputy is agreed but there is an issue as to who should be appointed instead. ... In the matter of Re AS; SH […]
Advance decision-making. Gareth Owen et al, 'Advance decision-making in mental health - suggestions for legal reform in England and Wales' (2019) 64 Intl JL & Psychiatry 162
— Publisher's abstract: "This paper argues that existing English and Welsh mental health legislation (The Mental Health Act 1983 (MHA)) should be changed to make provision for advance decision-making (ADM) within statute and makes detailed recommendations as to what should constitute this statutory provision. The recommendations seek to enable a culture change in relation to […]

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