From WikiMentalHealth
An internet resource on mental health law in England & Wales, primarily for mental health practitioners, to which anyone can contribute.
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- 15/03/10: New case summary added (Tribunal reasons, transcript published today). MD v Nottinghamshire Health Care NHS Trust (2010) UKUT 59 (AAC) — The Tribunal decided that appropriate treatment was available at Rampton, or alternatively that MD was benefiting from the ward milieu; their reasons were adequate. (1) The detention was not mere containment: (a) treatment could be appropriate even without the possibility of risk reduction; (b) although if there was no prospect of the patient progressing beyond milieu therapy (to engage in psychotherapeutic work) there might come a point at which treatment was no longer appropriate, MD was not at that stage. (2) There was no practical distinction in this case between s72(1)(b)(i) and (iia) so if the tribunal dealt properly with head (iia), its reasoning covered head (ii). (3) The Tribunal was entitled to rely on the evidence, and make the findings of fact, which it did. (4) Although treatment is not defined by reference to its likely effect, as a practical matter, that will have been taken into account in deciding whether the treatment could be given for a permitted purpose. (5) ..→
- 15/03/10: New case added (after-care). R (M) v Hammersmith and Fulham LBC and Sutton LBC (2010) EWHC x (Admin) — M moved from Hammersmith to a hostel in Sutton, but Hammersmith continued to pay; he was subsequently placed under s3 in a Sutton hospital and surrendered his tenancy; as he was resident in Sutton when admitted, Hammersmith was not responsible for future accommodation costs under s117. [Summary will be added when transcript is available.]
- 15/03/10: Dept of Health guidance published: "Ordinary residence: guidance on the identification of the ordinary residence of people in need of community care services, England". Published on 5/3/10 and effective from 19/4/10. See Ordinary residence
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