January 2024 update
This page is automatically generated: it will only be complete at the end of the month. All monthly updates are available here: Archive of monthly updates.
Website
- Magic Book. The Magic Book is a database of contact details. The main idea is to add the hospitals and other places you visit (not just your own place of work). To create/edit contacts, there is no need to log in and the process is very quick and simple. See Magic Book
- Mental Health Law Online CPD scheme: 12 points for £60. Obtain 12 CPD points online by answering monthly questionnaires. The scheme is an ideal way to obtain your necessary hours, or to evidence your continued competence. It also helps to support the continued development of this website, and your subscriptions (and re-subscriptions) are appreciated. For full details and to subscribe, see CPD scheme.
- Cases. By the end of this month, Mental Health Law Online contained 2343 categorised cases
- Chronology. See January 2024 chronology for this month's changes to the website in date order.
Resources
- Aftercare and ICBs. NHS England, 'The effect of the Worcestershire decision on section 117 aftercare duty' (undated, late 2023) — This guidance is part of NHS England's "Who Pays?" page (which mainly relates to the guidance document) and begins: "The position under the Integrated Care Board (ICB) Responsibilities Regulations, under which the originating ICB retains responsibility for care during subsequent detentions, even if the patient moves to a different part of the country, is not affected by the Supreme Court’s judgment in the case of R (on the application of Worcestershire County Council) (Appellant) v Secretary of State for Health and Social Care concerning which local authority was responsible for the provision of aftercare under section 117 of the Mental Health Act 1983."
- Mental health discharge guidance. DHSC, 'Statutory guidance: Discharge from mental health inpatient settings' (26/1/24) — "This document sets out how health and care systems should work together to support discharge from all mental health and learning disability and autism inpatient settings for children, young people and adults. It sets out best practice on: how NHS bodies and local authorities should work closely together to support the discharge process and ensure the right support in the community, and provides clarity in relation to responsibilities; patient and carer involvement in discharge planning. Guidance on how budgets and responsibilities should be shared to pay for section 117 aftercare (Mental Health Act 1983) is provided as an annex."
- Capacity in civil proceedings. Civil Justice Council, 'Procedure for Determining Mental Capacity in Civil Proceedings Working Group: Consultation Paper' (consultation from 15/12/23 to 17/3/24) — "The Working Group will consider how the Civil Courts approach mental capacity. It will have regard to the procedure and common practice in use for determining whether a party lacks capacity to conduct proceedings (i.e. is a protected party within the meaning of Part 21 CPR)."
- Paper reference hearings for hospital-based patients. TPC, 'Reply to Consultation and Further Consultation on possible amendments to the TPR regarding proposed changes to the way that the FTT decides cases referred to the Tribunal pursuant to s.68 MHA' (consultation from 19/12/23 to 13/2/24) — The Tribunal Procedure Committee seem aware that paper hearings are inferior to oral hearings and that their proposal would undermine the important statutory protection provided by automatic tribunal references, so now propose to co-opt legal representatives into the so-called "safeguarding measures". Maybe it is hoped that representatives who object on principle will not bother to respond yet again, and other representatives might be happy to receive the same L1+L2 fixed fee (£450) for advising on a potential paper hearing as for fully preparing for an oral hearing. The proposal is "to allow the Tribunal to make a decision on a reference hearing, in respect of a patient detained in hospital aged 18 or over, with capacity and is legally represented, and who has made a written request that they do not wish to attend or be represented at a hearing of their reference, and the Tribunal is satisfied that the patient has the capacity to make that decision".
- Recording hearings. Sarah Johnston, 'Recording in hearings' (Letter, 15/12/23) — This letter describes how Practice Guidance: Recording of hearings in the HESC and transcription of recordings (Presidential guidance note no 3 of 2003, 14/12/23) will work in the mental health jurisdiction. Remote hearings will be recorded from 15/1/24, but face-to-face hearings and pre-hearing examinations will not be recorded
- Recording and transcripts. Practice Guidance: Recording of hearings in the HESC and transcription of recordings (Presidential guidance note no 3 of 2003, 14/12/23) — Guidance on recording hearings and transcripts.
Events
- Event. Event:Civil Justice Council: Procedure for Determining Mental Capacity Seminar (London and online, 1/3/24) — Seminar in relation to Civil Justice Council, 'Procedure for Determining Mental Capacity in Civil Proceedings Working Group: Consultation Paper' (consultation from 15/12/23 to 17/3/24). Free. Registration via Microsoft Forms page closes at 1200 on 16/2/24.
Social media
Nothing to report this month.
Other items
- Jan 2024: https://www.gov.uk/government/publications/health-services-safety-investigations-body-mental-health-investigations-directions-2024
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