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Court considers the extent of the duty to consult with the nearest relative under the Mental Health Act

Mills & Reeve LLP
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United Kingdom
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August 8 2011

In the recent case of DP v (1) South Tyneside District Council (2) Northumberland, Tyne & Wear NHS Foundation Trust (2011) a patient (P) was challenging her detention under section 3 of the Mental Health Act 1983 (MHA) where the local authority had failed to consult with her nearest relative in accordance with s11(4) MHA

Reporting the death of a person subject to the Deprivation of Liberty Safeguards (DOLs)

Mills & Reeve LLP
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United Kingdom
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February 16 2011

There is no statutory requirement for the Registrar of Births and Deaths to refer the deaths of those who are subject to a DOLs authorisation to the coroner

Deprivation of Liberty Safeguards (DOLS): MIG and MEG judgment

Mills & Reeve LLP
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United Kingdom
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March 15 2011

This case was an appeal from a first instance decision which considered whether two girls, MIG (aged 18) and MEG (aged 17), both with moderate to severe learning disabilities had been deprived of their liberty within the meaning of the Deprivation of Liberty Safeguards

Cheshire West and Cheshire Council - deprivation of liberty decision from the Court of Appeal

Mills & Reeve LLP
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United Kingdom
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November 10 2011

The Court of Appeal handed down judgment on 9 November 2011 in relation to P, a man with cerebral palsy and Down’s Syndrome

Challenge to seclusion policy on the basis of human rights

Mills & Reeve LLP
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European Union, United Kingdom
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September 17 2012

Following an unsuccessful application to the House of Lords, Colonel Munjaz (a patient detained under the Mental Health Act 1983) challenged the legality of Ashworth Hospital’s seclusion policy on the grounds that it violated his human rights as set out in the European Convention on Human Rights

Court sets out approach to addressing questions of capacity in deprivation of liberty cases

Mills & Reeve LLP
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United Kingdom
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November 5 2012

The recent Court of Protection judgment in the case of CC v KK and STCC is a very useful and detailed analysis of the approach to be taken when addressing capacity issues

NHS Information Centre published its annual report on DOLS assessments

Mills & Reeve LLP
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United Kingdom
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September 17 2012

On 17 July 2012, the NHS Information Centre published its annual report on DOLS assessments

Fourth Annual Report of the Independent Mental Capacity Advocacy (IMCA) service: mental health

Mills & Reeve LLP
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United Kingdom
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February 13 2012

As reported elsewhere in this update, the IMCA service created by the Mental Capacity Act 2005 to safeguard people who lack capacity to make certain decisions, commenced on 1 April 2007 and in December 2011 the fourth annual report was published

Court gives guidance on emergency protection orders under the Children Act 1989

Mills & Reeve LLP
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United Kingdom
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August 5 2010

The case of A v (1) East Sussex County Council (2) Chief Constable of Sussex 2010 concerned a mother who called emergency services when her child stopped breathing who was subsequently admitted to hospital

BMA publishes new guidance on child protection and CQC publishes report on Baby P’s care

Mills & Reeve LLP
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United Kingdom
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June 10 2009

In the wake of the Baby P case the BMA has just published its child protection toolkit which can be accessed here