Mental Health - April 2010
Welcome to this, the third edition of Weightmans mental health
newsletter.
If it has themes, the first is restricted
patients. Georgina Rowley writes about a Court of Appeal case that
might entitle more of them to welfare benefits, while Sallie
Harrington reports on a decision about recall from conditional
discharge and just how much say a patient’s doctor should be given.
And then there’s the prison-to-hospital transfer: as Simon Charlton
points out, a recent case turned on the question of ‘treatability’
(hands up: who thought that question disappeared when the 2007 Act
came into effect?).
A second theme might well be police powers:
limits have been placed on the use of ‘life or limb’ concerns to
justify entry without a warrant, and it seems the police are
becoming very fond – some might say too found - of the MCA.
Elsewhere, Emma Galland writes about a new nearest relative case
and Sallie Harrington comments on the Law Commission’s ongoing
consultation on the reform of adult social care law.
The third theme of this edition might well be
liberty. As far as the DoLS are concerned, I have written – again –
about the comparatively small number of authorisations, and in a
second article, I consider the limits of the code of practice. And
a final article of mine looks at the practice of self-harm
minimisation, and whether a legal basis can be found for it. This
is something that has been much on my mind of late, not least
because I have taken part in a new film on the subject and it will
shortly be due for release. I’m hopeful that the film, and maybe
even my article, will provoke a few thoughts.
In closing, I should like to extend my thanks
to the editors of the Solicitors Journal, Jane’s
Police Review and the New Law Journal, in which
versions of some of the articles here first appeared, for their
continued support. And I should also like to thank our growing band
of readers for taking the trouble to engage with us and the issues
that concern us. Please do keep those e-mails coming.
David Hewitt, Partner
Weightmans LLP
Featured articles
Feeling the benefit
A life sentence-prisoner whose tariff expires will
be entitled to welfare benefits, even if he is detained under the
Mental Health Act at the time.
The importance of
procedure
Where the law
requires reports from doctors, it is they, and they alone, who must
provide them.
Perfect recall?
In some cases, conditional discharge may be
brought to an end without up-to-date medical evidence.
I know what
you’re thinking
Where a patient is to be detained under the
Mental Health Act, professionals should not make assumptions about
the views of his nearest relative.
Can you smell gas?
It might be possible to enter premises
without a warrant, but ‘welfare concerns’ aren’t a good enough
excuse.
Home, sweet home?
The DoLS are unpopular and under-used, but
their complexity may be only part of the problem.
Scaled down
Liberty is important, not least for the
safeguards that take its name, but what does the word mean?
Self-harm minimisation and the
law
There’s a limit to how often you can counsel
caution – whether you’re a nurse or a lawyer.
It’s not just what’s
expedient
The protection given by the Mental Capacity
Act is different from the power contained in section 136 of the
Mental Health Act.
Reforming adult social care
law
The Law Commission’s consultation on adult
social care will run until 1 July. It comes amid growing calls for
significant change.
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.