header-logo header-logo

06 October 2017 / Keith Wilding
Issue: 7764 / Categories: Features , Mental health
printer mail-detail

Mental health & the case for tribunals

nlj_7764_wilding

Keith Wilding believes there is much to recommend an expansion of the tribunal adjudication system

  • Current safeguarding laws are fragmented and complex.
  • The Law Commission has recommended a review of deprivation of liberty safeguards.

In May 2017, the Prime Minister suggested that the ‘flawed’ Mental Health Act 1983 should be replaced. The 1983 Act is only one aspect of legislation in the area of law dealing with matters of mental health, mental incapacity, and vulnerability.

The Law Commission’s final report on Mental Capacity and Deprivation of Liberty (Law Comm No 372 (Summary)) in discussing the rights of challenge to authorisations of deprivations of liberty recommends (at para 86) reviewing the question of the appropriate judicial body for determining such challenges. This seems to be a clear indication that the role of the First-tier Tribunal (a mental health tribunal) should be considered as the forum for such adjudication. There is much to recommend an expansion of the tribunal adjudication system both from the perspective of the person in respect of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll