Mental Health Law Update - Recent Developments Explored

Introduction

With reforms to both the Mental Health Act and Mental Capacity Act being placed on hold, it has been another busy year for mental health practitioners. The courts have continued to seek to protect the rights of patients, within our current imperfect legal framework. Supporting children with complex mental health needs can be particularly challenging, with a number of cases being reported on this issue in 2023.

There have also been a number of interesting cases before the Upper-Tier Tribunal in 2023. In SF v Avon and Wiltshire Mental Health Partnership NHS Trust [2023] the panel had to carefully consider whether the Appropriate Treatment test is fit for purpose. In August, the Supreme Court handed down judgment in R (Worcestershire County Council) v SSHSC [2023], finally clarifying the complex issue of section 117 aftercare responsibility for patients moving between local authorities.

This webinar will provide a detailed caselaw update and is essential viewing for those representing patients detained under the MHA, as well as mental health trusts and MHA administrators.

What You Will Learn

This webinar will cover the following:

• An update on recent caselaw in relation to the detention and treatment of children
• A summary of the issues to look out for in section 117 aftercare disputes, following the Supreme Court decision in Worcestershire
• A comment on recent Upper-Tier tribunal caselaw including the Appropriate Treatment test, aftercare evidence before the tribunal, and discharge planning for patients lacking capacity to make decisions about their residence and care arrangements

This webinar was recorded on 25th March 2024