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Tag: Mental Health Act 1983

Case comments, Mental Health

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) was wrong in relation to … Read More ›

Posted on March 22, 2021March 23, 2021
Legislative developments

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 into force on 1 December … Read More ›

Posted on October 4, 2020
COVID-19

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 Mental Health Act (MHA) and … Read More ›

Posted on May 20, 2020
Legislative developments, MHA Review

Mental Health Tribunal rule changes abandoned

The minutes of the Tribunal Procedure Committee in July have just been published and show that controversial proposed rule changes have been abandoned. Relevant extract … Read More ›

Posted on October 8, 2018
Capacity, Case comments, Mental Health, Practice and Procedure

Next month’s newsletter is getting longer and longer

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 … Read More ›

Posted on December 1, 2015
Case comments, Deprivation of liberty, Mental Health

Charles J on a roll – now for CTOs

In PJ v A Local Health Board & Ors [2015] UKUT 0480 (AAC) Charles J, sitting as President of the Upper Tribunal (Administrative Appeals Chamber) has … Read More ›

Posted on September 10, 2015
Deprivation of liberty, Mental Health

Conditional discharge and DOLS – sanity prevails

  In Secretary of State for Justice v KC and C Partnership NHS Foundation Trust [2015] UKUT 0376 (AAC), Charles J has clarified that it … Read More ›

Posted on July 15, 2015
Miscellaneous

Addressing the Conundrum: the MCA or the MHA?

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 … Read More ›

Posted on June 20, 2015June 21, 2015
Case comments, Deprivation of liberty

Guardianship and Cheshire West

Summary The Upper Tribunal in NL v Hampshire County Council (Mental health: All) [2014] UKUT 475 (AAC) has now pronounced upon the application of the … Read More ›

Posted on November 6, 2014November 10, 2014
Case comments

Deprivation of liberty in a hospital setting

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 … Read More ›

Posted on April 10, 2014

Recent Posts

  • Best interests, wishes and feelings and the Court of Protection 2015-2020 – new article

    April 2, 2021
    An article that I have co-written with a former student of mine, Michal Friedman, has just (March 2021) appeared in …Read More »
  • End of term report from the Mental Capacity Report team

    April 1, 2021
    For a number of reasons (mainly related to our need to have a break!) a Mental Capacity Report is not …Read More »
  • A judgment as tribute: finding the person behind the prognosis (and thoughts on harm and dignity)

    March 30, 2021
    It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of …Read More »
  • Mediation and medical cases – reflections on process and outcomes

    March 29, 2021
    In this “in conversation with” Dr Chris Danbury, we discuss the impact of the Supreme Court decision in Aintree v …Read More »
  • Liberty Protection Safeguards update March 2021 – what will the Code of Practice be likely to cover?

    March 26, 2021
    In the 5th LPS Stakeholder Newsletter published on 26 March 2021, the DHSC LPS team have provided a useful update …Read More »

RSS Bailii capacity cases

  • DB v Betsi Cadawaldr University Health Board (#) [2021] UKUT 53 (AAC) (3 March 2021) April 8, 2021
  • Mr X and the Courts Service [2020] IEIC 97290 (20 November 2020) April 7, 2021
  • X & Y c/o ABC Solicitors and Health Service Executive [2021] IEIC 102154 (6 April 2021) April 7, 2021
  • Lilia -(Withdrawal of Life Sustaining Treatment) [2021] EWCOP 23 (24 March 2021) March 31, 2021
  • AB, Re [2021] EWCOP 21 (25 January 2021) March 26, 2021

RSS Bailii CRPD cases

  • E and F v G. and H (Unapproved) [2021] IECA 108 (13 April 2021)0
    From Irish Court of Appeal
  • Z (Judgment of the Court) [2014] EUECJ C-363/12 (18 March 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • Sexual Offences and Capacity to Consent (LRC 109-2013) [2013] IELRC 109 (November 2013)0
    From Irish Law Reform Commission Papers and Reports
  • Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 (06 November 2013)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • X.Y. a minor suing by her guardian ad litem Raymond McEvoy v HSE [2013] IEHC 490 (07 November 2013)0
    From High Court of Ireland Decisions
  • AM (By His Father CM) v The Secretary of State for Work And Pensions [2014] EWCA Civ 286 (05 February 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19 (19 March 2014)0
    From United Kingdom Supreme Court
  • Cushnan v Norbrook Laboratories Ltd [2013] NIIT 00215_13IT (08 October 2013)0
    From Industrial Tribunals Northern Ireland Decisions

RSS MHLO updates

  • Certificated work guidance. Legal Aid Agency, 'Civil Finance Electronic Handbook' (v3.1, 18/12/20)
    — This is the certificated work equivalent of Legal Aid Agency, 'Escape Case Electronic Handbook' (v2, 18/12/20).
  • Costs guidance. Legal Aid Agency, 'Costs Assessment Guidance: for use with the 2018 Standard Civil Contracts' (v4, February 2021)
    — Main headings: (Part A) All contract work; (Part B) Controlled work; (Part C) Licenced work.
  • Financial eligibility for certificated work. Legal Aid Agency, 'Means Assessment Guidance' (v6, February 2021)
    — This detailed guidance supplements Legal Aid Agency, 'Lord Chancellor’s guidance on determining financial eligibility for certificated work' (January 2021). It relates to Full Representation (Legal Representation other than MHT or MHRT for Wales proceedings).
  • Financial eligibility for certificated work. Legal Aid Agency, 'Lord Chancellor’s guidance on determining financial eligibility for certificated work' (January 2021)
    — This guidance covers Full Representation (Legal Representation other than MHT or MHRT for Wales proceedings).
  • Legal aid means testing. Legal Aid Agency, 'Lord Chancellor’s guidance on determining financial eligibility for Controlled Work and Family Mediation' (January 2021)
    — This guidance covers, in relation to mental health work: (a) Legal Help; and (b) Legal Representation, for proceedings in the MHT or MHRT for Wales. Main headings: (1) Introduction; (2) How is financial eligibility determined? (3) Does the client qualify financially? (4) General Principles of Determination; (5) Determining Gross Income; (6) Determining disposable income; […]

RSS Baillii Mental Health Act cases

  • Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 (26 March 2021)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • JT v Secretary of State for Work and Pensions (ESA) (Employment and support allowance - Regulation 29) [2018] UKUT 124 (AAC) (11 April 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • Yussuf (meaning of "liable to deportation") Somalia [2018] UKUT 117 (IAC) (09 March 2018)0
    From Upper Tribunal (Immigration and Asylum Chamber)
  • JMK, Re [2018] EWCOP 5 (13 March 2018)0
    From England and Wales Court of Protection Decisions
  • PA105142016 [2018] UKAITUR PA105142016 (14 March 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • Ali v Heart of England NHS Foundation Trust & Anor [2018] EWHC 591 (Ch) (21 March 2018)0
    From England and Wales High Court (Chancery Division) Decisions
  • Cash v Court of First Instance, Strasbourg, France [2018] EWHC 579 (Admin) (21 March 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • El Gazzaz v The Secretary of State for the Home Department [2018] EWCA Civ 532 (21 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • M v ABM University Health Board (Mental health) [2018] UKUT 120 (AAC) (27 March 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • Edwards, R. v [2018] EWCA Crim 595 (27 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions

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