Mental Health - September 2009

Welcome to this, the first edition of Weightmans’ mental health newsletter.

This is a good time to be going into print, for the many changes made over recent years by the Mental Capacity Act, the 2007 Mental Health Act and the Deprivation of Liberty Safeguards are finally starting to bed in.

Those changes are at the heart of this edition. Weightmans had the privilege of being involved in the first DoLS case to come before the courts, and Catriona Sangster now writes about it. My own companion piece asks, perhaps mischievously, why the safeguards aren’t being used more often.

I have also written about a recent case on the nearest relative, a subject which is close to my heart, and about the vulnerable adult: just who is he? And I have mentioned a case which shows that the courts know the difference between suicide and self-harm (I plan to return to the subject of self-harm in a later edition).

Another notable recent case concerned Rampton Hospital and the nationwide smoking ban, and Kiran Bhogal now provides her own, distinctive take on that case. This edition concludes with a round up of other relevant cases, and with a few items of news you might have missed.

I should be every interested in your opinions – about this newsletter, certainly, but also about the issues it covers, and about any other aspect of mental health or mental capacity law. So, if there’s something on your mind, please e-mail me at david.hewitt@weightmans.com

With good fortune and a following wind the second edition of this newsletter will be published in the New Year.

David Hewitt, Partner

Featured articles

Rampton smoking case                                

The ban on smoking in secure hospitals does not infringe patients’ human rights. Kiran Bhogal, Partner at Weightmans, looks at the Court of Appeal’s recent decision on how there had been no breach by Nottinghamshire Healthcare NHS Trust when it imposed a ‘no smoking’ ban at Rampton Hospital. 

Disclosure in mental health tribunal proceedings           

In its first mental health case, the new appeals tribunal didn’t give judgement; instead, it provided guidance about the disclosure of medical records. David Hewitt, Partner at Weightmans, explains how the appeals tribunal has offered assistance on resolving disclosure disputes.

To DoLS or not to DoLS?                                        

The Court of Protection has recently given judgment in the first DoLS case. Catriona Sangster, Paralegal at Weightmans, considers this case in which the Court of Protection explained what makes a patient eligible for the Deprivation of Liberty Safeguards where he or she might otherwise have been detained under the Mental Health Act.

Why aren’t we locking up more old ladies?                 

Many hospitals and care homes now have the power to deprive people of their liberty.  This article examines the latest statistics and wonders why, in some places at least, the Deprivation of Liberty Safeguards are being used so infrequently.

Nearest relative objection                             

The High Court has decided that an earlier discharge by a nearest relative might itself count as an objection to a subsequent admission. David Hewitt considers the recently reported case of M v East London NHS Foundation Trust.

Self-harm vs. suicide                                             

There’s a difference between wanting to kill yourself and simply wanting to harm yourself. This article explains how the law recognises the difference between self-harm and suicide.

What is vulnerable?

This is likely to be one of the hot questions of the next few months. David Hewitt considers how neither the law nor the courts can agree what it might be that classifies an adult as vulnerable.

Case law update

Some recent mental health cases, concerning such things as negligence, disclosure, detention and tribunals.

News in brief                      

Some things you might have missed including: new CAMHS guidance, a report on homicides by mental health patients, further work on criminal justice and mental health, and a proposal for revised directions for the high secure hospitals. Oh, and the small matter of the government's plans to suspend the Mental Health Act.

Mental health law 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.