At the heart of the decision in Re SB [2024] EWHC 2964 (Fam) is the ongoing crisis in supporting children… Read more
Tag: Mental Health Act 1983
A judicial reminder of the hard edges of the treatment regime under the MHA 1983
North Tees and Hartlepool NHS Foundation Trust & Anor v KAG & Ors [2024] EWCOP 38 (T3) is a case… Read more
Government response to the Joint Committee on the draft Mental Health Bill published
The Government has today (21 March 2024) published its response to the report of the Joint Committee on the draft… Read more
Long-term s.17 MHA leave: a further go-round (by analogy) before the Supreme Court
In Re RM Application for Judicial Review (Northern Ireland) [2024] UKSC 7, the provisions of the Mental Health Order (Northern Ireland) 1986 came… Read more
Remote assessments and MHA renewals – the High Court rules them out
In Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court held that… Read more
Tier 4 CAMHS, detainability under the Mental Health Act 1983 and (righteous) judicial frustration
Lancashire County Council v X [2023] EWHC 2667 (Fam) was rightly described by the judge as extremely disturbing, involving the… Read more
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
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
Electronic forms are coming for Part 2 MHA (mostly)
The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020, laid before Parliament on 1 October 2020, and coming… Read more
Updated NHS guidance on MHA and ‘supporting systems’ – and Code of Practice
NHSE-I published on 19 May updated guidance on the impact of the coronavirus (COVID-19) pandemic on the use of the… Read more