tag:blogger.com,1999:blog-380213133018137281.post6842605864901344730..comments2024-03-18T17:12:05.119+00:00Comments on The Masked AMHP: Mental Health Act or Mental Capacity Act? The Case of EThe Masked AMHPhttp://www.blogger.com/profile/01348865658320780867noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-380213133018137281.post-14399303110317762252015-02-24T22:27:43.832+00:002015-02-24T22:27:43.832+00:00I think all of you are missing the point about ...I think all of you are missing the point about 'chronic alcohol dependence'.<br />If she had liver damage and it was deemed that this was terminal, it may have been a case of whether it was appropriate to force feed her in order to 'prolong life'.<br />It wouldn't be 'life saving' if she was already terminally ill from liver disease.<br />This may have been where the Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-380213133018137281.post-13970665628914503782012-07-05T21:35:05.142+01:002012-07-05T21:35:05.142+01:00Not one of these Richard Jones impersonators you h...Not one of these Richard Jones impersonators you hear about then?<br /><br />I thought you were a BIA. Why aren't you a BIA then? Must have been 'Fighting Monsters'. Really, though, try harder.<br /><br />I'd continue to go with the GJ judgement too and so did Justice Parker. If treatment is given in this distressing case, and I'm assuming that a wide range of clinical Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-380213133018137281.post-60729200082602169502012-07-04T21:06:39.488+01:002012-07-04T21:06:39.488+01:00Thank you for your insightful and thorough comment...Thank you for your insightful and thorough comments. I agree with you that there must have been a lot more back story than we are,understandably, not privy to, but which can be inferred from reading the judgment. I would continue to go with the GJ judgment. <br /><br />I don't write about my BIA practice for two reasons.<br />1. I'm the Masked AMHP, not the Masked BIA.<br />2. I'm notThe Masked AMHPhttps://www.blogger.com/profile/01348865658320780867noreply@blogger.comtag:blogger.com,1999:blog-380213133018137281.post-58478670631161560292012-07-04T20:13:21.122+01:002012-07-04T20:13:21.122+01:00Hello
If you've read the judgment you'll ...Hello<br /><br />If you've read the judgment you'll realise how complicated and tortuous the series of events was. It's one of those cases that's so complex and involved that the simple legal lessons we infer from them could be dangerously glib.<br /><br />I had wondered when hearing about the case what was going on at the MHA / MCA interface and had further wondered if there was Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-380213133018137281.post-81081003157892886872012-07-04T09:18:26.786+01:002012-07-04T09:18:26.786+01:00Hello Masked AMHP, you might be interested to read...Hello Masked AMHP, you might be interested to read the July edition of the 39 Essex Newsletter, as they pick up on the issue you raise and did a bit of investigating. Paul Bowen (the local authority's barrister) confirmed that the COP did make an interim order authorising E's detention to last until an MHA application could be made. They discuss exactly the issue you raise, around Lucy Serieshttps://www.blogger.com/profile/07820866715125284389noreply@blogger.comtag:blogger.com,1999:blog-380213133018137281.post-70877011112826220462012-06-28T06:37:45.279+01:002012-06-28T06:37:45.279+01:00I really don't like this. You see, when a pati...I really don't like this. You see, when a patient is actively committing suicide, for instance taking many pills or trying to hang himself, it is nearly impossible, if not even actually impossible, to prove that the act was rational and the patient has capacity. It is assumed that the act must have been irrational and the patient must be hospitalized and prevented from committing suicide. NowMonicanoreply@blogger.comtag:blogger.com,1999:blog-380213133018137281.post-11532511439852852672012-06-26T13:29:37.192+01:002012-06-26T13:29:37.192+01:00I stand corrected, Richard.I stand corrected, Richard.The Masked AMHPhttps://www.blogger.com/profile/01348865658320780867noreply@blogger.comtag:blogger.com,1999:blog-380213133018137281.post-57839606760259937692012-06-26T12:21:51.360+01:002012-06-26T12:21:51.360+01:00In his order the judge authorized E to be deprived...In his order the judge authorized E to be deprived of her liberty until such time as provision for detention under the MHA could be put in place.<br />I am informed that the relevant professionals agrred that an application under the MHA would be made.Richard Jonesnoreply@blogger.comtag:blogger.com,1999:blog-380213133018137281.post-21528511796342607322012-06-26T10:50:10.360+01:002012-06-26T10:50:10.360+01:00But it does seem to leave AMHPs in a strange posit...But it does seem to leave AMHPs in a strange position. They will have to make the application (I think we can safely assume that the NR won't), and apply their independent judgment, but their judgment appears to have been prejudged by the CoP, even though different criteria apply. In reality, most AMHPs I'm sure would feel comfortable making an application in this case, but it's an Lucy Serieshttps://www.blogger.com/profile/07820866715125284389noreply@blogger.comtag:blogger.com,1999:blog-380213133018137281.post-29295737760883359482012-06-26T09:48:35.876+01:002012-06-26T09:48:35.876+01:00I think you're probably right, Lucy. Let's...I think you're probably right, Lucy. Let's hope it doesn't create a precedent.The Masked AMHPhttps://www.blogger.com/profile/01348865658320780867noreply@blogger.comtag:blogger.com,1999:blog-380213133018137281.post-83756338275746883242012-06-26T09:23:39.511+01:002012-06-26T09:23:39.511+01:00Hello there, I thought exactly the same as you whe...Hello there, I thought exactly the same as you when I first read it (WTF?! what about GJ v Foundation Trust), but when I read it again more closely I think the plan is that E will be detained under the MHA not the DoLS. At paragraphs 90 and 99 it's hinted at, and paragraph 111 says 'Dr D said that he would be willing abide by the court's decision and would participate in placing E Lucy Serieshttps://www.blogger.com/profile/07820866715125284389noreply@blogger.com