The extent of the High Court’s inherent jurisdiction for the protection of vulnerable adults was considered last month in the widely reported case of Southend-on-Sea Borough Council v Meyers.[1] Inherent jurisdiction is the power of the High Court to protect ‘incompetent’ and…
As is well known capacity is time and decision specific. Providers will be aware that errors are often made in the way that the Mental Capacity Act is implemented which result in at the very least criticism from family members,…
Key considerations when making a decision regarding whether to disclose patient records to the police: Has a Court Order been obtained by the police or is there a witness summons compelling an individual to produce the relevant records to the Court? The…
The Supreme Court has recently (17 December 2018) reversed the decision in PJ, in which the Court of Appeal had held that the MHA contained within it, by implication, the power for the patient’s responsible clinician to set conditions on…
The Mental Health Caseworkers Section of HM Prison and Probation Service has recently produced guidance on ‘Discharge conditions that amount to a deprivation of liberty.’ https://www.gov.uk/government/publications/discharge-conditions-that-amount-to-a-deprivation-of-liberty This refers to the recommendation in the independent review of the MHA published on 6 December 2018…
Welsh Youth Parliament During the first meeting of the Welsh Youth Parliament (WYP) held this week, the Welsh Youth Parliament MPs voted to prioritise issues including emotional and mental support for the next two years. 3,000 young people in Wales voted on…
In January 2019, Cabinet Secretary for Health and Social Service, Vaughan Gething AM, met with the Children, Young People and Education Committee to discuss the progress of recommendations provided in the October 2017 report on perinatal mental health services.[1] What is…
The High Court has recently given a decision[1] regarding the exercise of its inherent jurisdiction to regularise a care plan that had been put in place for a patient (referred to as AB) who was subject to a hospital order…
Amid the noise arising from Brexit, Sir Simon Wessely’s review of the Mental Health Act was published in December. The report runs to some 300 pages grouped by reference to a series of principles, namely: Truth and autonomy The use of least…
The CQC recently published ‘Sexual safety on mental health wards’, detailing their findings in relation to a review of sexual safety incidents reported through the NHS National Reporting and Learning System by 54 mental health trusts. The CQC has spoken…
