Mental Health - July 2010
This newsletter is a bumper edition, and its focus is firmly on
recent case law.
There’s Savage, in which the
Supreme Court has now had its say: Emma Galland looks at the
continuing relevance of the right to life and at why detained
patients have greater protections than informal patients.
There have also been important cases recently
on compulsion and incapable patients, a subject about which Bethan
Bagshaw writes, and on the capacity to consent to contraceptive
treatment. They are both covered here, alongside a brace of
articles about the new mental health tribunal: one looking at the
reasons it produces for its decisions, and the other, at a recent
case about disclosure. The result of that case might suggest that
as far as the Mental Health Act is concerned, the notion of best
interests is now dead and buried.
Our clutch of mental health-specific articles
also includes Simon Charlton’s discussion of prison-to-hospital
transfers, Sallie Harrington’s note of a new case on the interface
with the Immigration Act, and a piece by me on the subject of the
nearest relative, objections to detention and the necessary state
of mind of the AMHP. Another of my pieces looks again at the DoLS,
and why they are less popular than was expected, and Emma Galland’s
second contribution looks at a recent case on section 117 and the
‘responsible commissioner’.
In the last edition of this newsletter, I
mentioned a new film in which I make an appearance. That film,
called Cutting the risk: self-harm minimisation in
perspective, is now out. Produced by the National Self
Harm Minimisation Group and aimed at both professionals and service
users, it attempts to explore new ways to engage positively and
productively with people who self harm. It includes testimonies
from such people, and from those who encounter self-harm in health
care settings, interviews with what are described as key figures in
the field, and a comprehensive information pack. More details of
the film can be found, and orders can be placed,
here.
Finally on the subject of shameless plugs, I
really should mention that Weightmans will be sponsoring this
year’s Taking Stock conference in Manchester. Hosted by Cardiff Law
School, the Approved Mental Health Professionals Association for
the North West and Wales, and Manchester University, the conference
will take place on October 15, at the Royal Northern
College of Music. Among the speakers lined up for the event are
Lord Justice Munby, Richard Jones and Professor Nav Kapur. More
details can be found here.
David
Hewitt
Partner, Weightmans LLP
Featured articles
Home thoughts
abroad
It seems that opinion
is divided on the subject of the DoLS.
Beyond reasonable
belief
Must an AMHP be both unreasonable
and wrong if detention is to be unlawful?
To know at all costs
The law has struck a blow for patients’
rights, but maybe at the expense of their best interests.
More reasons
And more money spent on lawyers? That’s what
the new appeal court seems to want.
Limited conception
When assessing a patient’s capacity to make
decisions about contraception, there are some issues that must be
borne in mind. But not as many as you might expect...
Transfer responsibility
Where a mental health patient is transferred
from prison to hospital, there can be problems if out of date forms
are used.
Best interests and conveyance to
hospital
The High Court has authorised the use of
force to take a patient from her home.
Deportation and mental
disorder
The Court of Appeal
has clarified the position of restricted patients who are to be
dealt with under the Immigration Act.
Establishing the responsible
commissioner
A service user’s
‘settled presence’ will be a significant factor.
At what cost ‘just
satisfaction’?
The obligation that the ‘right to life’
imposes on mental health services has now been clarified.
Weightmans specialists
Click here for details of the Weightmans
specialists who can provide clear, concise advice, both on the
Mental Health Act and on much more besides.