The Mental Capacity (Amendment) Bill was introduced to the House of Lords yesterday for its first reading, following a Law Commission consultation last year. The bill seeks to replace the current DoLs regime with ‘Liberty Protection Safeguards’. It recognises the difficulties inherent…
The Upper Tribunal has recently given further helpful guidance on disclosure in cases where the patient is being covertly medicated.[1] The patient in this case was affected by treatment resistant schizophrenia with a longstanding history dating back to the 1970s. He…
The Supreme Court has confirmed that the First Tier Tribunal has no power to direct any alteration to the conditions of detention including seclusion. Review of Djaba’s detention The case of Djaba (Appellant) v West London Mental Health Trust & Anor [2018]…
Diplomatic immunity is a topic that is often reported upon from the perspective of the criminal law. Tabloids frequently whip up outrage at tales of ambassadorial cars wilfully disregarding the capital’s parking regulations, but they rarely consider the profound effect…
The extent to which a Mental Health Tribunal will consider evidence about religious beliefs was considered in the recent case of DL-H v West London Mental Health Trust & Another (2017).[1] Religious beliefs and mental disorder On appeal to the Upper Tribunal,…
The Law Society’s Vice President, Christina Blacklaws, today offered scathing criticism of the current regime for the detention and treatment of the mentally ill. In an official response to the Government’s independent review of the Mental Health Act, the Law Society,…
Guidance from the Court of Protection was, until recently, that withdrawal of clinically assisted nutrition and hydration (CANH) from patients in a persistent vegetative state (PVS) or minimally conscious state (MCS) should be brought before the court. Since 1 December 2017,…
Deprivation of Liberty for Young Persons (16 and 17 year olds) and Parental Consent The Court of Appeal considered whether a 16 year old boy’s parents could authorise the young person’s deprivation of liberty at a residential community placement in In Re…
On 31 October 2017 the Department of Health and Home Office published guidance to support the implementation of changes to the police powers and places of safety provisions in the Mental Health Act 1983 (made by the Policing and Crime…
The Data Protection Bill was introduced in the House of Lords in September. The Information Commissioners Office (ICO) has recently outlined the subject matters of the guidance which it will publish this year and in early 2018. It is a useful…
