July 2012 mental health law update

Updates from Mental Health Law Online.


  • Upper Tribunal case. EC v Birmingham and Solihull Mental Health NHS Trust (2012) UKUT 178 (AAC), (2012) MHLO 70(1) Appeals against tribunals’ refusals to hear arguments in relation to extra-statutory recommendations were dismissed as (a) there is no legal right to advance these arguments (this is a sufficient reason for not making an extra-statutory recommendation which can be implied if not stated), (b) refusal to consider a extra-statutory recommendation is neutral rather than disadvantageous to the patient, and (c) a flawed extra-statutory should have no effect because of its legal status. (2) The judge made further comments about (a) potential guidance to hospital managers about UT procedure, (b) secondary challenges by the appellants, and (c) tribunal procedure generally in relation to extra-statutory recommendations.




  • The CPD questionnaire for June 2012 is now online. Obtain 12 SRA-accredited CPD points for £60. See CPD scheme
  • Please subscribe to Mental Health Law Online’s new discussion list. This is separate from the email updates list, which remains unchanged. The discussion list covers all aspects of mental health law in England and Wales, from the Mental Health Act 1983 and the Mental Health Tribunal, to the Mental Capacity Act 2005 and the Court of Protection. See Discussion
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