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Legal Newsletter September 2019

Mental Health Act Review Expert Blog Series

While we wait for a response to the independent review of the MHA, we are writing a series of blogs highlighting the case for change and our thoughts on the review's recommendations.

Mental Health in the Workplace

We look at some of the legal issues faced in the workplace by people with mental health problems and highlight two government consultations.

Re Lawson [2019] EWCOP 22

The Court of Protection gives guidance on when Personal Welfare Deputies should be appointed.

A Ltd v Z UKEAT/0273/18/BA

The Employment Appeal Tribunal looks into the difficulties people with mental health problems have when disclosing their problems to their employers.

New guidance on restraining pupils with mental health difficulties

The Department for Education has published guidance aimed at reducing restraint of children and young people with mental health difficulties in special schools and health and social care settings.

Pupil with mental health needs left without education for 9 months

The Ombudsman found that Leeds City Council had failed multiple times to ensure that a girl with anxiety received a suitable education.

Use of PAVA Spray in Prisons

The EHRC challenged the use of PAVA spray in prisons and forced concessions from the Ministry of Justice.

Court authorises caesarean against wishes of woman with bipolar

The Court of Protection made orders allowing a hospital trust to perform a caesarean on a woman with bipolar, against her wishes.

Ombudsman investigates Staffordshire County Council

The Ombudsman found Staffordshire County Council failed to process DoLS applications in accordance with legislation and statutory guidance.

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