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Briefing quick find:

Mental Health Inquiry in Prisons Launched

The House of Commons Justice Committee has launched a mental health inquiry in prisons. Issues that have prompted the launch of the inquiry include a serious increase in the level of self-harm incidents in prisons and poor levels of information…

Further case law on long term section 17 leave

The use of long-term section 17 leave was very much discouraged following the creation of community treatment orders (“CTO”) pursuant to section 17A in 2007. Indeed section 17(2A) specifically provides that longer term section 17 leave (defined in section 17(2B) as…

Best Interests and Covid-19 Vaccinations

The first Court of Protection judgment in relation to capacity, best interests and the Covid-19 vaccination has been published. The matter concerns Mrs E, an 80-year old woman, who had been living in her current care home since March 2020,…

Court says video assessments unlawful

We have updated this briefing with guidance from NHS England since we first published it on 25 January 2021. On 22 January 2021 the court handed down judgement in the case of Devon Partnership NHS Trust v S of S for…

Court says video assessments unlawful

On 22 January 2021 the court handed down judgement in the case of Devon Partnership NHS Trust v S of S for HSC [2021] EWHC 101. A case with potentially wide ramifications where patients have been detained under the Mental Health…

White Paper on reform of mental health law

Back in October 2017 the then Prime Minister Theresa May announced a review of the Mental Health Act chaired by Prof Simon Wessely. That review reported in December 2018 and the Queen’s speech in 2020 reiterated the Government’s commitment to…

Major Reform of the Mental Health Act

The White Paper ‘Reforming the Mental Health Act’ as promised by the Government was published today. Announcing its launch, the press release confirms that the White Paper sets out the path towards the Government’s commitment to introduce the first new…