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mental health, capacity and deprivation of liberty case law update - September 2018

19 September 2018

In this video Ben Troke looks at some of the most recent leading cases in relation to the Mental Capacity Act and Deprivation of Liberty, including in particular the Supreme Court’s landmark decision on the involvement of the courts in end of life treatment decisions in 'Re Y.'


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Legal updates

Hertfordshire County Council v AB [2018] EWHC 3103 (Fam)

This case considered whether the High Court’s inherent jurisdiction can be used to authorise a deprivation of liberty of a patient with capacity who is subject to a conditional discharge under the Mental Health Act 1983.

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Legal updates

Welsh Ministers v PJ [2018] UKSC 66

This Supreme Court case considered the interplay between Community Treatment Orders under the Mental Health Act 1983 and deprivation of liberty.

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Hear from Rebecca Fitzpatrick on the Supreme Court decision on the case of MM

With the Supreme Court announcing their decision on the case of MM, Rebecca highlights how neither the mental health Tribunal nor the Secretary of State for Justice have the power to give a patient a conditional discharge under the Mental Health Act where those conditions amount to a deprivation of liberty.

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Hear from Carl May-Smith providing a CQC and health & care regulatory update

In this webinar, Carl discusses four main topics, minimum wage for sleep-in shifts, recent learning disability and autism CQC registration appeals, the latest on CQC enforcement and CMA advice on care home fees, terms and conditions.

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The opinions expressed on this video are provided for the purposes of general interest and information and should not be relied upon. They contain only summaries of aspects of the subject matter at the time of publishing and do not provide comprehensive statements of the law. They do not constitute legal advice and do not provide a substitute for it. So why not talk to us and seek advice that's tailored to you? You can look up one of our experts on this website or call on 0370 270 6000.

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