Mental disorder meaning

Original news Grant and another v Baker and another [2016] EWHC 1782 (Ch), [2016] All ER (D) 108 (Jul) The Chancery Division upheld an appeal by the trustees in bankruptcy, setting aside an order that would have delayed the sale of the bankrupt’s property for as long as his adult daughter, who suffered from global developmental delay, dyspraxia and obsessive compulsive disorder (OCD), continued to live there. The court agreed that the district judge had been right to find exceptional circumstances within section 335A of the Insolvency Act 1986 (IA 1986), recognising that such circumstances can include a situation where a bankrupt’s child has medical or mental health conditions and would be adversely affected by moving due to a sale. Nevertheless, it concluded that the judge had materially erred in discretion by imposing an open-ended postponement. The court instead directed a further delay of roughly 12 months before any sale should proceed. What practical lessons arise for advisers? It underlines that, although establishing exceptional circumstances is a necessary threshold...

Re XY (withdrawal of treatment) [2024] EWCA Civ 1466 What are the practical implications of this case? Information concerning an individual’s wishes and feelings linked to their faith must be assessed in the context of their actual medical situation and circumstances. Judges are entitled to weigh the family’s accounts of P’s wishes and feelings against the backdrop of the family’s own beliefs, including as to their beliefs about the efficacy of treatment and the prospect of recovery. Compliance with the principles set out in the Mental Capacity Act 2005 (MCA 2005) and the Code of Practice, together with the professional guidance available to doctors, is sufficient to meet the procedural safeguards required by Articles 2, 3 and 8 of the European Convention on Human Rights (ECHR). What was the background? XY, aged 54, developed a prolonged disorder of consciousness following two cardiac arrests. She had severe, generalised hypoxic ischaemic brain damage, together with atrophy and progressive shrinkage of her brain. Clinically assisted nutrition and hydration were...

What is the background to this case? In R (on the application of CXF (acting by his mother, his litigation friend)) v Central Bedfordshire Council and another, [2017] EWHC 2311 (Admin), Dinah Rose QC, acting as a Deputy High Court Judge, examined the operation of section 117 of MeHA 1983. This framework supports people discharged after compulsory detention under MeHA 1983. The entitlement derives from MeHA 1983, s 117, widely known as ‘section 117 aftercare’. Such aftercare is supplied without charge, regardless of financial means, unlike much social services support. Funding is shared between health services, through CCGs, and social services, via local authority adult social services departments (LAs). Certain provisions do not fall within section 117 aftercare: these are services seen as meeting only basic needs, lacking a sufficient nexus with an individual’s mental health disorder. The notion of ‘aftercare’ is broad, and may include anything that serves the statutory purpose set out in the Care Act 2014 (CA 2014). The CA 2014 introduced a statutory definition of...

The old law and the new law of rape This Practice Note refers to both the former and the current law on rape. The earlier regime is split into three eras, determined by the date the offence occurred: 1 January 1957 to 21 December 1976: governed by section 1 of the Sexual Offences Act 1956 (SOA 1956), later amended by the Sexual Offences Act 1967 in relation to homosexual acts 22 December 1976 to 2 November 1994: covered by section 1 of the Sexual Offences (Amendment) Act 1976 (SO(A)A 1976) 3 November 1994 to 30 April 2004: subject to SOA 1956, section 1, as modified by the Criminal Justice and Public Order Act 1994 (CJPOA 1994) The new framework applies from 1 May 2004 onwards, capturing offences under section 1 of the Sexual Offences Act 2003 (SOA 2003). Despite this, the previous law can remain pertinent where allegations are historical...

Practice Note On 31 January 2018, the Scottish Government opened a consultation on potential reform of the . This was followed by the Scottish Mental Health Law Review, issued in September 2022. In July 2024, the Scottish Government released proposals for an Adults with Incapacity Amendment Act (see here), which remain out for consultation. It is also consulting on a draft Learning Disabilities, Autism and Neurodivergence Bill (see: here). The Scottish Government has signalled that broader reform of the Adults with Incapacity regime will be explored within a Work Programme running to 2030. No fresh legislation is anticipated before the Scottish Parliament is dissolved in May 2026. This Practice Note considers the (AI(S)A 2000), the statute that sets the framework for safeguarding welfare and managing finances for people in Scotland aged over 16 who lack capacity due to mental illness, learning disability or a related condition, or an inability to communicate. Incapacity means being unable to act, make choices, communicate, or understand such choices. It can also extend...

What is the inherent jurisdiction? This is the power of the High Court to issue declarations and orders to safeguard adults who retain mental capacity to make the relevant decisions but are still vulnerable and at risk owing to the actions or inactions of others. It operates as a safety net for vulnerable individuals... Can the inherent jurisdiction (IJ) be used? The IJ can be applied to a vulnerable adult who, even if not incapacitated by mental disorder or mental illness, is reasonably believed to be: being constrained subject to coercion or undue influence otherwise deprived of the capacity to make relevant decisions, prevented from exercising free choice, or unable to give or express genuine consent When would the IJ be used? Within safeguarding investigations under sections 42–47 of the Care Act 2014 (CA 2014), which place a duty on Local Authorities to investigate where there is reasonable cause to suspect an adult is experiencing, or at risk...

A disabled person’s trust A disabled person’s trust benefits from distinctive inheritance tax (IHT) treatment. To access this favourable regime, certain qualifying requirements must be satisfied. Specifically, the trust must be one of the forms authorised by section 89 of the Inheritance Tax Act 1984 (IHTA 1984), taking account of subsequent amendments to IHTA 1984, and there must be a qualifying disabled beneficiary. For IHTA 1984 purposes, the criteria a beneficiary must satisfy to be treated as a disabled person are set out in IHTA 1984, s 89(4A), together with Schedule 1A to the Finance Act 2005 (FA 2005), which prescribe the relevant tests and definitions...

The Mental Capacity Act 2005 (MCA 2005) The MCA 2005 established a new assessment of mental capacity, which should generally serve as the primary point of reference when determining a person’s capacity. It consolidates the common law and does not explicitly overturn it...