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.