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Table structure:

  • Type - List of String
  • Sentence - Wikitext
  • Title - String
  • Author - List of String
  • Book_author - List of String
  • Book_editor - List of String
  • Abstract - Wikitext
  • Publication - String
  • Publisher - List of String
  • Date - Date
  • Date_closed - Date
  • URL - URL
  • Volume - String
  • Issue - String
  • First_page - String
  • Last_page - String
  • DOI - String
  • Edition_number - String
  • Edition_next_title - String
  • ASIN - String
  • Detail - Text
  • External_links - Text
  • Saved - Boolean
  • Download - File

This table has 337 rows altogether.

Page Type Sentence Title Author Book author Book editor Abstract Publication Publisher Date Date closed URL Volume Issue First page Last page DOI Edition number Edition next title ASIN Detail External links Saved Download
1 Crown Office Row, 'Alasdair Henderson secures award of damages for false imprisonment in a hospital setting' (30/1/19) Web page

MCA-related damages

Alasdair Henderson secures award of damages for false imprisonment in a hospital setting

This web page reports on a claim against Kings College Hospital in which the High Court held that there had been a failure to follow the DOLS requirements to undertake a full capacity assessment and, if appropriate, a best interests assessment, and that the hospital had intentionally kept the family in the dark about Christiana Esegbona's discharge to a nursing home until the last minute in order to prevent objection. The claim for false imprisonment and for negligent failures to provide adequate information to the nursing home (at which the patient died after pulling out her tracheostomy tube) was successful, and the court awarded aggravated damages because of the deliberate exclusion of the family from the discharge planning process.

1 Crown Office Row 2019-01-30

URL

Yes
39 Essex Chambers, 'Mental Capacity Report' (issue 100, December 2019) Newsletter

Mental capacity law newsletter

Mental Capacity Report Ruck Keene, Alex Butler-Cole, Victoria Allen, Neil Lee, Annabel Kohn, Nicola Scott, Katie Barnes, Katherine Edwards, Simon Ward, Adrian Stavert, Jill

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an important guest article from Inclusion London, and reflections fromTor and Alex on 100 issues; (2) In the Property and Affairs Report: a report of an interview with HHJ Hilder and deputyship refunds; (3) In the Practice and Procedure Report: the administration of appeals, and important judgments shedding light by analogy on factfinding, costs and vulnerable witnesses; (4) In the Wider Context Report: assisted dying, Article 2 obligations and informal patients, and reports of developments in Northern Ireland, Jersey and wider afield; (5) In the Scotland Report: an important judgment on guardianship and deprivation of liberty, a judicial review of conditions of excessive security and further observations on the operation of ‘foreign’ powers of attorney in England & Wales from the Scottish perspective."

39 Essex Chambers December 2019

URL

Yes
Essex newsletter 100.pdf
39 Essex Chambers, 'Mental Capacity Report' (issue 101, February 2020) Newsletter

Mental capacity law newsletter

Mental Capacity Report Ruck Keene, Alex Butler-Cole, Victoria Allen, Neil Lee, Annabel Kohn, Nicola Scott, Katie Barnes, Katherine Edwards, Simon Ward, Adrian Stavert, Jill

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a tribute to Mr E; fluctuating capacity; improperly resisting a deputy appointment; DoLS, BIAs and RPRs, and finding the right balance with constrained resources; (2) In the Property and Affairs Report: the OPG, investigations and costs; e-filing for professional deputies, and a guest article about the National Will Register; (3) In the Practice and Procedure Report: the Vice-President issues guidance on serious medical treatment; an important judgment on contingent declarations; the permission threshold; and disclosure to a non-party; (4) In the Wider Context Report: brain death and the courts; deprivation of liberty and young people; (5) In the Scotland Report: supplemental reports from the Independent Review of Learning Disability and Autism; the Scott review consults; and relevant cases and guidance."

39 Essex Chambers February 2020

URL

101 Yes
Essex newsletter 101.pdf
39 Essex Chambers, 'Mental Capacity Report' (issue 102, March 2020) Newsletter

Mental capacity law newsletter

Mental Capacity Report Ruck Keene, Alex Butler-Cole, Victoria Allen, Neil Lee, Annabel Kohn, Nicola Scott, Katie Barnes, Katherine Edwards, Simon Ward, Adrian Stavert, Jill

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a cautionary tale about re-using material for DoLS assessment and capacity complexities in the context of medical treatment; (2) In the Property and Affairs Report: an important case on the limits of powers of professional deputies to act without recourse to the Court of Protection; (3) In the Practice and Procedure Report: medical treatment - delay, neglect and judicial despair, developments relating to vulnerable parties and witnesses, and Forced Marriage Protection Orders under the spotlight; (4) In the Wider Context Report: Mental Capacity Action Days, when not to presume upon a presumption, and a number of important reports from bodies such as the CQC; (5) In the Scotland Report: the DEC:IDES trial. We have also recently updated our capacity guide and our guide to the inherent jurisdiction."

39 Essex Chambers March 2020

URL

102 Yes
Essex newsletter 102.pdf
39 Essex Chambers, 'Mental Capacity Report' (issue 103, April 2020) Newsletter

Mental capacity law newsletter

Mental Capacity Report Ruck Keene, Alex Butler-Cole, Victoria Allen, Neil Lee, Annabel Kohn, Nicola Scott, Katie Barnes, Katherine Edwards, Simon Ward, Adrian Stavert, Jill

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the DHSC emergency guidance on MCA and DoLS, the Court of Protection on contact and COVID-19, treatment escalation and best interests, and capacity under the microscope in three complex cases; (2) In the Property and Affairs Report: the Golden Rule in (in)action and the OPG’s ‘rapid response’ search facility for NHS and social care staff to access the register of deputies / attorneys; (3) In the Practice and Procedure Report: the Court of Protection adapting to COVID-19 and an important decision on the s.48 threshold; (4) In the Wider Context Report: COVID-19 and the MCA capacity resources, guidance on SEND, social care and the MHA 1983 post the Coronavirus Act 2020, dialysis at the intersection between the MHA and the MCA and an important report on the international protection of adults; (5) In the Scotland Report: the response of the legal community to AWI law and practice under COVID-19, and an update from the Mental Health Law Review."

39 Essex Chambers April 2020

URL

103 Yes
Essex newsletter 103.pdf
39 Essex Chambers, 'Mental Capacity Report' (issue 104, May 2020) Newsletter

Mental capacity law newsletter

Mental Capacity Report Ruck Keene, Alex Butler-Cole, Victoria Allen, Neil Lee, Annabel Kohn, Nicola Scott, Katie Barnes, Katherine Edwards, Simon Ward, Adrian Stavert, Jill

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Protection, COVID-19 and the rule of law; best interests and dying at home; and capacity and silos (again); (2) In the Property and Affairs Report: further guidance from the OPG in relation to COVID-19 and an unusual case about intestacy, minority and the Court of Protection; (3) In the Practice and Procedure Report: the Court of Protection adapting to COVID-19; remote hearings more generally; and injunctions and persons and unknown; (4) In the Wider Context Report: National Mental Capacity Forum news, and when can mental incapacity count as a ‘status?’; (5) In the Scotland Report: further updates relating to the evolution of law and practice in response to COVID-19. We also note that 9 May 2020 was the 20th anniversary of the Adults with Incapacity (Scotland) Act 2000 receiving Royal Assent."

39 Essex Chambers May 2020

URL

104 Yes
Essex newsletter 104.pdf
39 Essex Chambers, 'Mental Capacity Report' (issue 105, June 2020) Newsletter

Mental capacity law newsletter

Mental Capacity Report Ruck Keene, Alex Butler-Cole, Victoria Allen, Neil Lee, Annabel Kohn, Nicola Scott, Katie Barnes, Katherine Edwards, Simon Ward, Adrian Stavert, Jill

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal presses the reset button in relation to capacity and sexual relations, and three difficult medical treatment decisions; (2) In the Property and Affairs Report: the impact of grief on testamentary capacity; (3) In the Practice and Procedure Report: a remote hearings update, and a pragmatic solution to questions of litigation capacity arising during the course of a case; (4) In the Wider Context Report: DoLS and the obligations of the state under Article 2 ECHR, the Parole Board and impaired capacity, and recent relevant case-law from the European Court of Human Rights; (5) In the Scotland Report: the interim report of the Scott Review critiqued."

39 Essex Chambers June 2020

URL

Yes
Essex newsletter 105.pdf
39 Essex Chambers, 'Mental Capacity Report' (issue 106, July 2020) Newsletter

Mental capacity law newsletter

Mental Capacity Report Ruck Keene, Alex Butler-Cole, Victoria Allen, Neil Lee, Annabel Kohn, Nicola Scott, Katie Barnes, Katherine Edwards, Simon Ward, Adrian Stavert, Jill

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: LPS delayed to April 2022; alcohol dependence and other capacity conundrums; stem cell donation and altruism, and when to come to court in medical treatment cases; (2) In the Property and Affairs Report: updated OPG guidance on making LPAs under light-touch lockdown and a face-off between potential professional deputies; (3) In the Practice and Procedure Report: a basic guide to the CoP; litigation capacity and litigation friends and observations about intermediaries and lay advocates; (4) In the Wider Context Report: capacity and the Mental Health Tribunal, a change of approach to s.117 aftercare and lessons learned from a close encounter with triage; (5) In the Scotland Report: the Scott Review summary of responses to its initial survey and a response from the Chair to the critique in our last issue."

39 Essex Chambers July 2020

URL

Yes
Essex newsletter 106.pdf
39 Essex Chambers, 'Mental Capacity Report' (issue 107, September 2020) Newsletter

Mental capacity law newsletter

Mental Capacity Report Ruck Keene, Alex Butler-Cole, Victoria Allen, Neil Lee, Annabel Kohn, Nicola Scott, Katie Barnes, Katherine Edwards, Simon Ward, Adrian Stavert, Jill

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated MCA/DoLS guidance, the anorexia Catch-22, and two important cases on deprivation of liberty; (2) In the Property and Affairs Report: remote witnessing of wills, professional deputy remuneration and the OPG annual report; (3) In the Practice and Procedure Report: CoP statistics, short notes on relevant procedural points and the UN principles on access to justice for persons with disabilities; (4) In the Wider Context Report: the NICE quality standard on decision-making and capacity, litigation friends in different contexts, and a guest piece giving a perspective on living with a tracheostomy and a ventilator; (5) In the Scotland Report: the human rights blind spot in thinking about discharge from hospital in the context of COVID-19.

39 Essex Chambers September 2020

URL

Yes
Essex newsletter 107.pdf
39 Essex Chambers, 'Mental Capacity Report' (issue 99, November 2019) Newsletter

Mental capacity law newsletter

Mental Capacity Report Ruck Keene, Alex Butler-Cole, Victoria Allen, Neil Lee, Annabel Kohn, Nicola Scott, Katie Barnes, Katherine Edwards, Simon Ward, Adrian Stavert, Jill

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: two deprivation of liberty cases making clear what should (and should not) happen before the court; two important cases about reproductive rights and capacity, and capacity under stress in different contexts; (2) In the Property and Affairs Report: welcome clarity as to how to make foreign powers of representation effective; and capacity and the financial implications of marriage; (3) In the Practice and Procedure Report: two important judgments from the Vice-President highlighting different aspects of case management and confirmation as to the procedural rules governing inherent jurisdiction applications in relation to adults; (4) In the Wider Context Report: news from the National Mental Capacity Forum (and a survey they need completing); an important case about the intersection of capacity, the inherent jurisdiction and the Mental Health Act 1983 in the context of force-feeding; and when you can rely upon your own incapacity to your benefit; (5) In the Scotland Report: four important publications from the Mental Welfare Commission."

39 Essex Chambers November 2019

URL

Yes
Essex newsletter 99.pdf
A Platform for the Future - consultation Consultation Ministry of Justice

"In March 2010 an announcement was made that the Ministry of Justice would be bringing Her Majesty’s Courts Service (HMCS) and the Tribunals Service together, creating a single unified organisation. This consultation paper sets out the rationale for the creation of a new agency and explains what we believe the benefits will be. In seeking the views of the public on these benefits it also sets out what will remain the same following the creation of the agency."

Consultation page

Ministry of Justice, 'A Platform for the Future', ref CP14/10, 30/11/10

2010-11-30 2011-02-25
Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2017-19' (April 2019 edition, 24/4/19) Document

DOLS case law summaries

Deprivation of Liberty Safeguards Case Law Summary 2017-19 Mughal, Aasya Richards, Steven

This two-page document summarises selected domestic and European caselaw on deprivation of liberty (not just those between 2017 and 2019). A newer version is available: Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2017-19' (June 2019 edition, 10/6/19).

Edge Training 2019-04-24 ==See also== Older version: [[Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2016-18' (February 2018 edition, 8/3/18)]]. Yes
2019-04-24 DoLS case law summary sheet April 2019.pdf
Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2017-19' (June 2019 edition, 10/6/19) Document

DOLS case law summaries

Deprivation of Liberty Safeguards Case Law Summary 2017-19 Mughal, Aasya Richards, Steven

This two-page document summarises selected domestic and European caselaw on deprivation of liberty (not just those between 2017 and 2019). There is a newer version: Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary' (May 2020 edition, 21/5/20).

Edge Training 2019-06-10 ==See also== Older version: [[Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2017-19' (April 2019 edition, 24/4/19)]]. Yes
2019-06-10 Edge DOLS case law summary sheet.pdf
Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary' (May 2020 edition, 21/5/20) Document

DOLS case law summaries

Deprivation of Liberty Safeguards Case Law Summary Mughal, Aasya Richards, Steven

This two-page document summarises selected domestic and European caselaw on deprivation of liberty.

Edge Training 2020-05-21 Yes
2020-05-21 DoLS case law summary sheet May 2020.pdf
Adult Social Care consultation Consultation Law Commission

"The overall aim of the project is to provide a clearer, modern and more cohesive framework for adult social care."

2010-02-24 2010-07-01
Alex Ruck Keene (ed), Assessment of Mental Capacity (4th edn, Law Society 2015) Book

Mental capacity book

Assessment of Mental Capacity Ruck Keene, Alex Ruck Keene, Alex Law Society 2015 4 1784460389 No
Alex Ruck Keene and Rosie Scott, 'The COVID-19 pandemic, the Coronavirus Bill and the Mental Capacity Act 2005' (39 Essex Chambers, 25/3/20) Article Coronavirus resource

Impact of coronavirus on operation of MCA

The COVID-19 pandemic, the Coronavirus Bill and the Mental Capacity Act 2005 Ruck Keene, Alex Scott, Rosie

This article contains information under the following headings: (1) The Coronavirus Bill; (2) Non-Statutory Guidance; (3) Guidance from the Court of Protection; (4) Advance care planning; (5) Commentary.

39 Essex Chambers 2020-03-25

URL

Yes
Alex Ruck Keene et al, 'Rapid response guidance note: Testing for COVID-19 and mental capacity' (4/5/20) Coronavirus resource

Coronavirus testing and capacity

Rapid response guidance note: Testing for COVID-19 and mental capacity Ruck Keene, Alex Allen, Neil Scott, Katie Kohn, Nicola

"The Court of Protection team has been asked to advise on a number of occasions as to the legal position in relation to testing for COVID-19, especially as testing (a) starts to be more generally available; and (b) is increasingly been rolled out as mandatory in certain settings. What follows is a general discussion, as opposed to legal advice on the facts of individual cases, which the team can provide. It primarily relates to the position in England in relation to those aged 18 and above; specific advice should be sought in respect of Wales and those under 18."

Alex Ruck Keene et al 2020-05-04

URL

Yes
Alex Ruck Keene et al, Court of Protection Handbook: A User's Guide (2nd edn, LAG 2016) Book

Court of Protection book

Court of Protection Handbook: A User's Guide Ruck Keene, Alex Edwards, Kate Eldergill, Anselm Miles, Sophy Legal Action Group 2016 2 Alex Ruck Keene et al, Court of Protection Handbook: A User's Guide (2nd rev edn, LAG 2017) 1908407883 No
Alex Ruck Keene et al, Court of Protection Handbook: A User's Guide (2nd rev edn, LAG 2017) Book

Court of Protection book

Court of Protection Handbook: A User's Guide Ruck Keene, Alex Edwards, Kate Eldergill, Anselm Miles, Sophy

Note that a 3rd edition has now been published.

Legal Action Group 2017 2 (rev) Alex Ruck Keene et al, Court of Protection Handbook: A User's Guide (3rd edn, LAG 2019) 1912273101 ==Notes on this edition== You can purchase the revised second edition in paperback, or read the free Kindle supplement to the second edition. The supplement contains the following headings: capacity; best interests; informal decision-making and the role of the Court of Protection; case management; the participation of P; public funding; deprivation of liberty: statutory wills, gifts and powers of attorney; human rights; destination table. It also contains the full text of the [[Court of Protection Rules 2017]]. No
Alex Ruck Keene et al, Court of Protection Handbook: A User's Guide (3rd edn, LAG 2019) Book

Court of Protection book

Court of Protection Handbook: A User's Guide Ruck Keene, Alex Edwards, Kate Eldergill, Anselm Mackintosh, Nicola Miles, Sophy Legal Action Group 2019 3 1912273276 No
Alex Ruck Keene, 'COVID-19 and MCA - first guidance out' (Mental Capacity Law and Policy, 19/3/20) Article Coronavirus resource

Article about coronavirus guidance mentioning MCA

COVID-19 and MCA - first guidance out Ruck Keene, Alex

This article contains brief comments on the following: (1) DHSC, 'Responding to COVID-19: the ethical framework for adult social care' (19/3/20); (2) HM Government and NHS, 'COVID-19 Hospital Discharge Service Requirements' (19/3/20).

Mental Capacity Law and Policy 2020-03-19

URL

Yes
Alex Ruck Keene, 'Foreign powers of attorney - an unfortunate judicial wrong turn' (Mental Capacity Law and Policy, 26/3/18) Web page

Commentary on protective measure case

Foreign powers of attorney - an unfortunate judicial wrong turn Ruck Keene, Alex

This article states that the two litigants in person, in seeking recognition and enforcement of a Canadian "Continuing Power of Attorney for Property" as a protective measure (under Part 4 Schedule 3 MCA 2005), had led the judge astray, as the relevant question was whether (under Part 3) the Canadian power was valid according to Ontario law, assuming JMK had been habitually resident there at the point of granting the power. A application can be made under rule 23.6 Court of Protection Rules 2017 in any case where there is doubt as to the basis upon which the attorney under a foreign power is operating.

2018-03-26

URL

Yes
Alex Ruck Keene, 'Going beyond the Mental Capacity Act in assessing capacity: recognising and overcoming biases and stereotypes' (The Mental Elf, 26/3/20) Blog post

Summary of capacity assessment briefing note

Going beyond the Mental Capacity Act in assessing capacity: recognising and overcoming biases and stereotypes Ruck Keene, Alex

This blog post summarises Sophie Stammers and Lisa Bortolotti, 'Mitigating the risk of assumptions and biases in assessments of mental capacity' (University of Birmingham, 23/3/20).

The Mental Elf 2020-03-26

URL

Yes
Alex Ruck Keene, 'Public health restrictions and capacity' (Mental Capacity Law and Policy, 29/3/20) Blog post Coronavirus resource

Coronavirus public health restrictions

Public health restrictions and capacity Ruck Keene, Alex

"Two sets of regulations brought into force in the past week have radically changed the legal landscape in England & Wales, effectively placing the population under severe restrictions (which the Daily Mail might even characterise as house arrest) for their good, and the good of society. This post looks at them through the prism of the law relating to those with impaired decision-making capacity; it also looks at through a similar prism at a part of the Coronavirus Act 2020 which is not (yet) in force, but is likely to come into force shortly,"

Mental Capacity Law and Policy 2020-03-29

URL

Yes
Amended General Pilot Practice Direction: Contingency Arrangements in the First-tier Tribunal and the Upper Tribunal (Coronavirus, 14/9/20) Coronavirus resource Tribunal guidance

Tribunal coronavirus Practice Direction

Amended General Pilot Practice Direction: Contingency Arrangements in the First-Tier Tribunal and the Upper Tribunal (Coronavirus, 14/9/20) Lindblom, Keith

This extends Pilot Practice Direction: Contingency Arrangements in the First-Tier Tribunal and the Upper Tribunal (Coronavirus, 19/3/20), with some amendments, until 18/3/21.

2020-09-14

URL

==Date== The date within the document is 14/9/20 but the document's filename and properties are dated 15/9/20. Yes
Amended Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (Coronavirus, 14/9/20) Coronavirus resource Tribunal guidance

Mental Health Tribunal coronavirus Practice Direction

Amended Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (Coronavirus, 15/9/20) Lindblom, Keith Mental Health Tribunal

This extends Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (Coronavirus, 19/3/20) until 18/3/21, with two amendments: (1) instead of "a judge alone shall make every decision unless the Chamber President [etc] considers it to be inappropriate in a particular case..." the new wording is "the provisions of the Composition Statement that apply to mental health cases shall be amended to include that a judge alone may make any decision (including decisions that dispose of proceedings) as directed by the Chamber President, Deputy Chamber President or an authorised salaried Judge in accordance with Amended Pilot Practice Direction: Panel Composition In The First-Tier Tribunal And The Upper Tribunal."; (2) instead of "it will not be 'practicable' under rule 34 of the 2008 Rules for any PHE examinations to take place" the new wording is "it shall be deemed not practicable under rule 34 of the 2008 Rules for any pre-hearing examinations to take place, unless the Chamber President [etc] direct that in the exceptional circumstances of a particular case it shall be practicable for such a pre hearing examination to take place, having regard to the overriding objective and any health and safety concerns. ...".

2020-09-15

URL

Yes
2020-09-14 MHT Amended Pilot Practice Direction.pdf
Amended Pilot Practice Direction: Panel Composition in the First-Tier Tribunal and the Upper Tribunal (Coronavirus, 14/9/20) Coronavirus resource Tribunal guidance

Coronavirus tribunal composition (non-MH)

Amended Pilot Practice Direction: Panel Composition in the First-Tier Tribunal and the Upper Tribunal (Coronavirus, 14/9/20) Lindblom, Keith

This Practice Direction states that it applies to all appeals and applications within the First-tier and Upper Tribunal, except in mental health cases; however, the appointment of single judges under Amended Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (Coronavirus, 15/9/20) is said to be made under this PD. It extends Pilot Practice Direction: Panel Composition in the First-Tier Tribunal and the Upper Tribunal (Coronavirus, 19/3/20) until 18/3/21 with some amendments.

2020-09-14

URL

==Date== The date within the document is 14/9/20 but the document's filename and properties are dated 15/9/20. Yes
Andrew Norfolk, 'CQC covered up suspected rape in care home' (Times, 27/7/17) Newspaper article CQC covered up suspected rape in care home Norfolk, Andrew

This article related to a "cluster" of sex alerts at residential homes owned by Hillgreen Care, a private company that specialised in the care of young adults with learning disabilities. It was said that confidential documents revealed that: (a) the deputy manager of one home was a convicted sex offender working in Britain illegally; (b) concerns were raised at other homes over “sexual grooming” of residents, and staff having sex while on duty; (c) care workers were initially told not to inform police of a suspected rape in November 2015 of a severely autistic 23-year-old man who lacked capacity to consent to sexual relations; and (d) potential DNA evidence linked to the incident was destroyed. The CQC said it was "actively pursuing what criminal action can be taken in relation to the failings" at the Enfield home, and had not made any of the concerns public because its desire to be "open and transparent" needed to be balanced alongside a risk of "compromising ongoing investigations".

The Times 2017-07-27

URL

Yes
Andrew Norfolk, 'Sexual predator’s victim was failed at every turn' (The Times, 27/7/17) Newspaper article

Criticisms of CQC and care home

Sexual predator’s victim was failed at every turn Norfolk, Andrew

(1) This article is critical of the CQC's response to sexual abuse in a care home: "It had the power to bring criminal charges against the company or the senior individuals responsible for its running. Instead, it chose a much quieter, less public course of action. The Enfield home no longer has any vulnerable adults in its care. It is one of four Hillgreen homes that have ceased to operate since November 2015 because the CQC identified, and publicised, lesser problems in their operation. In the case of the home where Tom was allegedly attacked, the commission’s website carries the report of a 2016 inspection that was published in October last year. It rated the facilities as inadequate and unsafe, but not because a high-risk sex offender was allowed unsupervised access to the bedroom of a defenceless, highly vulnerable resident. Instead, the report criticised the home for failings that included storing mops and buckets in the garden and having overflowing bins, scuffed skirting boards, loose handles on kitchen drawers and a broken dishwasher. The report noted the recent promotion of a senior care worker to deputy manager but chose not to reveal that the vacancy was created by the exposure of her predecessor as a convicted sex offender. ... No one has told the residents of those homes, or their families, what happened at the Enfield home in November 2015. It is almost a year since anyone spoke to Tom’s mother about the attack." (2) It is also critical of the care home management: "In written statements seen by The Times, three Hillgreen workers said that Ross Dady, the company’s regional manager, and Roger Goddard, its director of care, initially told them they should not contact police or any external authorities. ... [Tom's mother's] shock and dismay increased, she said, when the manager told her that Tom had not yet been taken to hospital and that JL had not been arrested because '[Tom] may have consented to it'. There is some disagreement as to how swiftly, and by what means, the various safeguarding authorities became aware of the incident but by the time the police were involved Tom’s underwear had already been put through the laundry." (3) After this article the CQC did prosecute: see CQC v Hillgreen Care Ltd [2018] MHLO 50.

The Times 2017-07-27

URL

Yes
Andy McNicholl, 'Court quashes “unlawful” Care Act assessment of learning disabled man' (Community Care, 3/7/17) News article

Community care case summary

Court quashes “unlawful” Care Act assessment of learning disabled man McNicholl, Andy

This article summarises R (JF) v London Borough of Merton [2017] EWHC 1519 (Admin).

Community Care 2017-07-03

URL

Yes
Anselm Eldergill, Mental Health Review Tribunals: Law and Procedure (Sweet and Maxwell, London 1997) Book

MHRT book

Mental Health Review Tribunals: Law and Procedure Eldergill, Anselm

The full text of this book is available on Mental Health Law Online: Eldergill.

Sweet and Maxwell 1997 042148330X Yes
Bar Council, 'Chair of the Bar sets out concerns to MoJ, HMCTS, the Legal Aid Agency, the senior judiciary, the Bar Standards Board and the Inns of Court' (18/3/20) Letter Coronavirus resource

Bar Council coronavirus statement

Chair of the Bar sets out concerns to MoJ, HMCTS, the Legal Aid Agency, the senior judiciary, the Bar Standards Board and the Inns of Court Pinto, Amanda Bar Council

The Bar Council is "calling for a suspension of all in-person hearings across all jurisdictions, save in very exceptional circumstances where a video link or phone hearing cannot accommodate the interests of justice" for an initial 30-day period.

Bar Council 2020-03-18

URL

Yes
Bar Council, 'Coronavirus advice and updates' (March 2020, updated periodically) Web page Coronavirus resource

Bar Council coronavirus guidance

Coronavirus advice and updates Bar Council

This web page contains information and links under the hearings: (1) Bar Council guidance; (2) Bar Council statements; (3) Bar Council, LPMA and IBC advice bulletins; (4) HMCTS updates; (5) Legal Aid Agency updates; (6) General government guidance.

March 2020

URL

Yes
BASW, 'Information and support for AMHPs, AMHP leads and Principal SWs on the role of AMHPs during the Covid-19 pandemic' (25/3/20) Document Coronavirus resource

AMHP coronavirus guidance

Information and support for AMHPs, AMHP leads and Principal SWs on the role of AMHPs during the Covid-19 pandemic British Association of Social Workers

The introduction to this 11-page document states: "This information has been prepared by BASW, with support from the Approved Mental Health Professional Leads Network and the Chief Social Workers office to provide up to date information on the AMHP role as the country responds to the Covid 19 pandemic." This is version 1. Check the BASW website for updates.

2020-03-25

URL

Yes
BBC News, 'Peterborough roof jump woman wins appeal bid' (25/3/10) News article

News report on restriction order being quashed

Peterborough roof jump woman wins appeal bid

The article ends as follows: Lord Justice Elias agreed, saying: "What was before the crown court did not substantiate sufficient risk to the public to justify a restriction order. We therefore quash that part of the sentence."

BBC 2010-03-25

URL

Yes
Belfast Telegraph, 'Blind veteran tells judge he is ‘living again’ after going home' (19/3/19) Newspaper article

Man returns home after inherent jurisdiction case

Blind veteran tells judge he is ‘living again’ after going home Press Association

The article states that Hayden J is overseeing developments at follow-up hearings in London, and that at a hearing the previous week the council's lawyers stated that Douglas Meyers had returned home. The High Court decision is: Southend-On-Sea Borough Council v Meyers [2019] EWHC 399 (Fam).

Belfast Telegraph 2019-03-19

URL

Yes
Ben Troke, 'The death of DoLS - the "Liberty Protection Safeguards" are before Parliament now' (Browne Jacobson, 4/7/18) Web page The death of DoLS - the "Liberty Protection Safeguards" are before Parliament now Troke, Ben

This article lists several initial observations about the detail of the Mental Capacity (Amendment) Bill, and in relation to its implementation notes: "On the timescales, we understand that it is anticipated that the Bill will be out of the Lords by the end of November 2018, and through the Commons early next year, with Royal Assent perhaps by April 2019. Allowing for implementation and training, we might expect it to come into force perhaps in late 2019, early 2020."

Browne Jacobson 2018-07-04

URL

Yes
Bernadette McSherry and Ian Freckelton (eds), Coercive Care: Rights, Law and Policy (Routledge 2013) Book

Academic book

Coercive Care: Rights, Law and Policy McSherry, Bernadette Freckleton, Ian Weller, Penelope Lord, Janet Ashley Stein, Ashley Rioux, Marcia Gilmour, Joan Angel, Natalia Kampf, Annegret Daw, Rowena Gledhill, Kris Perkins, Elizabeth Sheldrick, Heulwen Glover-Thomas, Nicola Perlin, Michae Brookbanks, Warren Diesfeld, Kate Weller, Penelope Lord, Janet Ashley Stein, Ashley Rioux, Marcia Gilmour, Joan Angel, Natalia Kampf, Annegret Daw, Rowena Gledhill, Kris Perkins, Elizabeth Sheldrick, Heulwen Glover-Thomas, Nicola Perlin, Michae Brookbanks, Warren Diesfeld, Kate McSherry, Bernadette Freckleton, Ian Routledge 2013 1 0415628199 No
Bournewood Consultation: The approach to be taken in response to the judgement of the European Court of Human Rights in the 'Bournewood' case Consultation Department of Health

"This document seeks views on the issues raised by, and consequent options for public policy arising from, the judgement of the European Court of Human Rights (ECtHR), published on 5th October 2004, in the case of H.L. v. the United Kingdom (the 'Bournewood' judgement - so called because H.L's care and treatment took place in Bournewood Hospital)."

Consultation page on National Archives website

2005-03-23 2005-06-17
Breaking the cycle: effective punishment, rehabilitation and sentencing of offenders - consultation Consultation Ministry of Justice

"The Ministry of Justice Structural Reform Plan published in July 2010 set out a commitment to introduce a 'rehabilitation revolution' and conduct a review of sentencing policy. This consultation sets out the resulting proposals which aim to break the destructive cycle of crime and protect the public, through more effectively punishing and rehabilitating offenders and reforming the sentencing framework."

The proposals in relation to managing offenders with mental health problems are as follows: 'We want to ensure that our valuable resources are targeted on the people who are committed to changing their lives and being rehabilitated. In some cases, the criminal justice system is not the best place for them. This is particularly the case for offenders with mental health problems. We propose to: (a) work with the Department of Health and the Home Office to pilot and roll out liaison and diversion services nationally by 2014 for mentally ill offenders; and (b) increase the treatment capacity for offenders who present a high risk of harm where this is linked to severe personality disorders.'

Consultation page

Another consultation page (more detailed content)

Ministry of Justice, 'Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders', 7/12/10

2010-12-07 2011-03-04
Brenda Hale, Mental Health Law (5th edn, Sweet & Maxwell 2010) Book

Mental health law book

Mental Health Law Hale, Brenda Hale, Brenda

Covers mental health law and associated mental capacity law topics.

Sweet and Maxwell 2010 5 Brenda Hale, Mental Health Law (6th edn, Sweet and Maxwell 2017) 0414041690 No
Brenda Hale, Mental Health Law (6th edn, Sweet and Maxwell 2017) Book

Mental health law book

Mental Health Law Hale, Brenda

Covers mental health law and associated mental capacity law topics. See book review by Alex Ruck Keene, 1/5/17.

Sweet and Maxwell 2017 6 0414051203 No
British National Formulary (Pharmaceutical Press, 73rd edn 2017) Book British National Formulary BNF authors Pharmaceutical Press 2017 73 British National Formulary (Pharmaceutical Press, 79th edn 2020) 0857112767 No
British National Formulary (Pharmaceutical Press, 79th edn 2020) Book

Medication book

British National Formulary BNF authors

This edition is published on 20/3/20. The book is updated every March and September, so always check the Amazon page for the latest edition.

Pharmaceutical Press BMJ Group 2020-03-20 79 0857113658 No
Care Quality Commission, 'COVID-19: Interim Methodology for Second Opinions' (Dear Colleague letter, 20/3/20) Letter Coronavirus resource

CQC coronavirus procedure for SOADs

COVID-19: Interim Methodology for Second Opinions Care Quality Commission

The summary stated in the letter is: "(1) We are asking mental health services to provide a summary of the patient’s current issues to CQC when submitting a second opinion request, which SOADs will use instead of visiting the hospital to examine care records. (2) Consultations with professionals, including with the responsible clinician, will be undertaken by telephone or video (Skype or Microsoft teams). (3) Following telephone consultations, we will ask services to support patients who agree to speak with SOADs to have access to telephones or technology to support a video call with the SOAD. (4) SOADs will not be asked to post original copies of certificates. We encourage services to accept electronic copies of certificates and act on that. The Government may lift the requirement for a paper copy, and we will issue further communications once this is confirmed."

2020-03-20

URL

Yes
Cases involving people with mental health problems and/or learning disabilities as victims and witnesses Consultation Crown Prosecution Service 2009-03-01 2009-03-01
Celia Kitzinger, 'Remote justice: a family perspective' (Transparency Project, 29/3/20) Blog post Coronavirus resource

Critical lay view of remote COP hearing

Remote justice: a family perspective Kitzinger, Celia

This article is written from the perspective of the daughter of the patient in the video hearing in A Clinical Commissioning Group v AF [2020] EWCOP 16B.

Transparency Project 2020-03-29

URL

Yes
Changes to Mental Health Act 1983 Code of Practice Consultation Department of Health

Extract from press release: "Our consultation ‘Stronger Code: Better Care’ is asking for your thoughts on a new draft Code which includes: (1) five new guiding principles; (2) significantly updated chapter on how to support children and young people, on the use of restraint and seclusion and the use of police powers and places of safety; (3) new chapters on care planning, equality and human rights, links to the Mental Capacity Act and Deprivation of Liberty Safeguards, and support for victims."

Documents:

2014-07-07 2014-09-12
Christine Hutchinson and Neil Hickman, Focus on Social Work Law: Mental Health (Palgrave 2016) Book

Mental health law book

Focus on Social Work Law: Mental Health Hutchinson, Christine Hickman, Neil Palgrave 2016 1137447400 No
Christopher Johnston (ed), Medical Treatment: Decisions and the Law: the MCA in Action (2nd edn, Bloomsbury 2009) Book

MCA book - medical treatment

Medical Treatment: Decisions and the Law: the Mental Capacity Act in Action Johnston, Christopher Bloomsbury Professional 2009 2 184592424X No
Civil Bid Rounds for 2010 Contracts - consultation Consultation Legal Services Commission

Consultation closed on 23/1/09. "Through this consultation we are seeking views on our proposals for the bid criteria and award process for civil legal aid contracts that will be introduced from 2010. We are also consulting on key changes to the contract terms and to changes to the scope of legal aid funding."

2009-01-23 2009-01-23
Claire Barcham, The Pocketbook Guide to Mental Health Act Assessments (2nd edn, OUP 2016) Book

MHA book

The Pocketbook Guide to Mental Health Act Assessments Barcham, Claire Oxford University Press 2016 2 0335262503 No
Claire Tyler, 'The stormy passage of the Mental Capacity (Amendment) Bill' (The House Magazine, 2/5/19) Article

Summary of LPS legislation passage through Parliament

The stormy passage of the Mental Capacity (Amendment) Bill Tyler, Claire

In this article Baroness Tyler summarises the history of this legislation, concluding that "much relies on what will be set out in the Code of Practice and in secondary legislation, which will be vital in determining how the new system will work, including the vexed issue of a definition of what does and doesn’t constitute a deprivation of liberty" and that "without proper funding[,] staff resources and training it will fail in practice".

The House Magazine 2019-05-02

URL

Yes
Claire Wills-Goldingham et al, Court of Protection Made Clear (Bath 2016) Book

Court of Protection book

Court of Protection Made Clear: A User's Guide Keehan, Michael Wills-Goldingham, Claire Leslie, Marie Divall, Paul Wills-Goldingham, Claire Leslie, Marie Divall, Paul Keehan, Michael Bath Publishing Ltd 2016 1 0956777465 No
Conroys Solicitors, 'Listing of community hearings' (press release, 6/5/20) Press release Coronavirus resource

CTO hearings being listed again

Listing of community hearings Conroy, Ben Conroys Solicitors

It is understood that the order which postponed community hearings is no longer in force (the order stated that it was not feasible or practicable for a community patient to attempt to participate in a telephone or video hearing) and that the tribunal secretariat is working through the backlog.

2020-05-06 ==Full text== '''Press Release from Ben Conroy - Conroys Solicitors LLP''' Following on from the First-tier Tribunal decision in Re B [2020] MHLO 18 (FTT) which addresses the order of DCP Johnson dated 26 March 2020 and the postponement of all CTO applications, it would seem that the order may no longer be in force and that CTO cases are now going to be listed for hearing. It is understood that the tribunal service is working through a list of all the CTO cases that were postponed to re-list them. Currently there has been no formal press release from HMCTS or anything via MHLA. Hopefully HMCTS will provide an update to practitioners and Responsible Authorities shortly. ==See also== *[[Re B (2020) MHLO 18 (FTT)]] *[[Mental Health Tribunal, 'Order and directions for all community patients who are subject to a CTO or conditional discharge and who have applied or been referred to the tribunal for the duration of the Pilot Practice Direction' (26/3/20)]] Yes
Consultation Document: Delivering Excellence: Achieving Recovery: A Professional Framework for the Mental Health Nursing Profession in Northern Ireland (2010-2015) Consultation Northern Ireland Assembly

Consultation run by NI's Department of Health, Social Services and Public Safety.

Consultation documents

2010-09-10 2010-09-10
Consultation in relation to section 268 appeals against conditions of excessive security Consultation Scottish Government

"A consultation seeking views on the way forward in respect of appeals against excessive security for mental health patients following the Supreme Court decision of M v Scottish Ministers."

Consultation page

2013-08-02 2013-10-25
Consultation on a Separate Legal Jurisdiction for Wales Consultation Welsh Government

The Welsh Government are consulting on making things even more unnecessarily complicated, by creating an entirely separate legal jurisdiction for Wales.

Consultation page

2012-03-27 2012-06-19
Consultation on Adults with incapacity (Scotland) Consultation Scottish Law Commission

Discussion page

Scottish Law Commission, 'Discussion Paper on Adults with Incapacity' (discussion paper 156, 31/7/12). Extract from news release: 'The main questions raised by the Discussion Paper are: (1) Is Scots law as it currently stands adequate to meet the requirements of the European Convention in this area? and (2) If not, how should it be changed? In particular, there is a need to decide if there should be a new procedure for authorising deprivation of liberty in residential care for adults with incapacity. If there should, what should that process be? And, very importantly, what sorts of care and what type of facilities should be regarded as involving deprivation of liberty for those who live there?'

2012-07-31 2012-10-31
Consultation on allocation options for funding for Local Healthwatch: PCT Deprivation of Liberty Safeguards Consultation Department of Health

'Subject to the passage of the Health and Social Care Bill, the Department (DH) will allocate funding for local HealthWatch and, potentially, PCT Deprivation of Liberty Safeguards from October 2012. This new funding will be added to the current DH Learning Disabilities and Health Reform grant. This consultation is asking for your views on options for distributing the new funding for local HealthWatch and PCT Deprivation of Liberty Safeguards (DOLS).'

Consultation page

2011-07-27 2011-10-24
Consultation on amendments to the Community Legal Service (Financial) Regulations 2000 (2009) Consultation Ministry of Justice

The plan is to increase income eligibility limits by 5%, and to introduce non-means-tested legal aid for COP proceedings for those deprived of their liberty, from April 2009. Closing date 17/2/09.

The response to the consultation is included in the explanatory memorandum to the following Regulations:

2009-02-17 2009-02-17
Consultation on an Equality Impact Assessment for New Mental Capacity Legislation Consultation Northern Ireland Assembly

"Following publication of the Bamford Review report, A Comprehensive Legislative Framework and consultation on the Department's proposal, A Legislative Framework for Mental Capacity and Mental Health Legislation, the Minister in September 2009 announced his intention of preparing a single Bill encompassing mental capacity and mental health provisions."

Consultation document

Related press release

2010-07-30 2010-10-31
Consultation on Appointments and Diversity Consultation Ministry of Justice

Of relevance to mental health law are the following proposals: (1) Amending s63 Constitutional Reform Act 2005, which currently requires judicial appointment to be 'solely on merit', to allow the Equality Act 2010's protected characteristics (age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, gender and sexual orientation) to be taken into account: where a 'selection assessment on a range of criteria rates them as equally capable of doing the job' then the presumption will be that protected characteristics will tip the balance in favour of those possessing them. (2) To provide more opportunity for appointments based on diversity, changing the tenure of fee-paid appointments so that they no longer last until retirement, but instead for a maximum of three five-year terms save in exceptional cases where there is a clear business need.

Ministry of Justice, 'Clarke: Judiciary in need of modernisation and diversification' (press release, 21/11/11)

Consultation page

Ministry of Justice, 'Appointments and Diversity: A Public Consultation' (Consultation paper CP19/2011, 21/11/11)

2011-11-21 2012-02-13
Consultation on Certification of Incapacity for Medical Treatment under Part 5 Section 47 Adults with Incapacity (Scotland) Act 2000 Consultation Scottish Government

'This consultation seeks views on four issues on Adults with Incapacity (Scotland) Act 2000 Part 5 in relation to medical treatment. The issues are: widening the range of institutions which can offer training, whether dentists should be required to undertake training for this purpose; whether multiple section 47 medical treatment certificates should be required in some circumstances; and whether other medical practitioners not specified should be enabled to certify incapacity for medical treatment'

Consultation page

2011-07-18 2011-10-10
Consultation on Fees in the High Court and Court of Appeal Consultation Ministry of Justice

'A consultation proposing changes to fees in the High Court and Court of Appeal Division. It is aimed at users of the High Court and Court of Appeal Civil Division, the legal profession, the judiciary, the advice sector and all with an interest in this area in England and Wales. The aim of these proposals is to charge users of these two jurisdictions more proportionally for the resource their cases consume, while protecting access to justice for the most vulnerable. This will reduce the taxpayer subsidy of the courts service.'

Consultation page

Katy Dowell, 'MoJ plans massive rise in court fees' (The Lawyer, 16/11/11)

2011-11-15 2012-02-07
Consultation on low secure services and psychiatric intensive care Consultation Department of Health

"A consultation document on low secure services and psychiatric intensive care is being issued today for a three month consultation by stakeholders. The purpose of this consultation is to invite the views of stakeholders on how new guidance will operate by explaining the rationale behind the strategic approach and raising questions which cover a broad range of issues."

Consultation page

2012-01-19 2012-04-19
Consultation on Mental Capacity Act 2005: forms, supervision and fees Consultation Ministry of Justice

Responses published: 11 March 2009

A consultation on proposed changes to three areas of the work of the Office of the Public Guardian and the Court of Protection following the implementation of the Mental Capacity Act:

1. redesign of the Lasting Power of Attorney forms 2. restructuring of the Supervision of Deputies by the Public Guardian 3. alterations to the fee structure.

This consultation was the initial stage of a wider 12-18 month investigation into the implementation of the Mental Capacity Act.

See the following for details:

2008-10-23 2009-01-15
Consultation on Mental Health (Assessment of Former Users of Secondary Mental Health Services) (Wales) Regulations 2011 Consultation Welsh Government

'Part 3 of the Mental Health (Wales) Measure 2010 is concerned with mental health assessments for former users of secondary mental health services. The Welsh Assembly Government is proposing to make Regulations under this part of the Measure which will set out certain eligibility criteria for such assessments. For example, the length of time a person will be eligible for such an assessment following their discharge from services. This consultation seeks your views on these draft regulations.'

Consultation page

Consultation documents

2011-02-21 2011-05-16
Consultation on Mental Health (Care Coordination and Care and Treatment Planning) (Wales) Regulations 2011 Consultation Welsh Government

'[This consultation] is concerned with the coordination of secondary mental health services, and care and treatment planning for secondary mental health service users. The Welsh Assembly Government is proposing to make Regulations connected to Part 2 of the Measure. This relates to the appointment of care coordinators and the making, reviewing and revising of care and treatment plans. This consultation seeks your views on these draft regulations.'

Consultation page

Consultation documents

2011-02-21 2011-05-16
Consultation on Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2011 Consultation Welsh Government

'Part 4 of the Mental Health (Wales) Measure 2010 expands the statutory independent mental health advocacy scheme established by the 1983 Act. Patients subject to certain "short term" sections of the 1983 Act, and those in hospital informally (i.e. not under compulsion) are able to access the service. The Welsh Assembly Government is proposing to make Regulations connected to the expanded independent mental health advocacy scheme. This will relate to the provision, appointment and approval of advocates. It will also say which people advocates can talk to in undertaking their role of supporting patients. This consultation seeks your views on these draft Regulations.'

Consultation page

Consultation documents

2011-02-21 2011-05-16
Consultation on Mental Health (Regional Provision) (Wales) Regulations 2012 Consultation Welsh Government

'This consultation seeks your views on regulations which would enable Local Health Boards (LHBs) and local authorities in Wales to enter into regional working arrangements.'

Consultation page

2011-09-26 2011-12-16
Consultation on OFT Mental Capacity Guidance Consultation Office of Fair Trading

"Following the consultation on irresponsible lending the OFT identified a need to provide further clarity on the issue of mental capacity as it impacts on borrowing decisions."

Office of Fair Trading, 'OFT launches mental capacity guidance consultation', Press release 6/12/10

Consultation page

Office of Fair Trading, 'Mental capacity: Draft OFT guidance for creditors: A consultation', 6/12/10

Mind's response

OFT press release: OFT publishes mental capacity guidance (28/9/11)

2010-12-06 2010-03-04
Consultation on our assessments of quality 2010-11 Consultation Care Quality Commission

Press release, 2/2/10

Consultation documents, 2/2/10

2010-02-02 2010-04-27
Consultation on paper hearings for CTO reference cases Consultation Mental Health Tribunal

The Tribunal Procedure Committee is consulting on changes to the rules so that the Tribunal may (1) make a decision on a reference under s68 (duty of managers to refer cases to tribunal) without a hearing if the patient is a community patient and has consented to this; and (2) strike out a party's case without a hearing. The purpose is to save money. The rationale given for the first proposal is that community patients are often content with their position and do not want to attend the hearing or medical examination; that if the patient does not attend then full reports often mean there is little point having a hearing; and that hearings place an unnecessary burden on community patients, who are likely to be quite capable of making the necessary decisions and are entitled to IMHAs and Legal Aid. It is anticipated that all community patients would be posted a form inviting them to consent to their case being decided without a hearing. In relation to the second proposal, it is intended that the power would be used when it is obvious that the tribunal lacks jurisdiction. Consultation runs from 1/6/11 to 23/8/11.

Tribunal Procedure Committee consultation page

Tribunal Procedure Committee, 'Consultation on proposed amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (SI 2008/2699)' (1/6/11)

Tribunal Procedure Committee, 'Response to consultation on proposed amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (SI 2008/2699) (1 June 2011 – 29 August 2011)' (February 2012)

2011-06-01 2011-08-23
Consultation on police guidance for mental health Consultation College of Policing

"The College of Policing has published new draft national guidance clarifying the police's role in dealing with incidents involving people in mental health crisis.

"The draft Authorised Professional Practice (APP) is now open for consultation and sets out guidance for police officers and staff when investigating an offence or assisting people with mental health problems, learning disabilities and difficulties and other vulnerabilities."

2015-11-11 2016-01-01
Consultation on preventing suicide in England: a cross-government outcomes strategy to save lives Consultation Department of Health

'This document sets out a proposal for a new suicide prevention strategy for England with the aims of reducing the suicide rate and improving support for those bereaved or affected by suicide. The draft strategy brings together knowledge about groups at higher risk of suicide, effective interventions and resources available. The closing date for consultation responses is 11 October 2011. Consultation responses will inform the final strategy, early in 2012.'

Consultation page

2011-07-19 2011-10-11
Consultation on proposals for a Mental Health (Scotland) Bill (2013) Consultation Scottish Government

From Scottish Government website: "This consultation paper seeks views on proposals for a draft Mental Health Bill. This draft Bill brings forward changes to improve the operation of the 2003 Act - notably in relation to named persons, advance statements, medical matters and suspension of detention. In addition the draft Bill makes provision for a Victim Notification Scheme for victims of Mentally Disordered Offenders."

Consultation page

Scottish Government, 'A Consultation on draft proposals for a Mental Health (Scotland) Bill' (December 2013)

2013-12-23 2014-03-25
Consultation on proposed changes to listing procedure Consultation Mental Health Tribunal

The Tribunals Service are consulting stakeholders on new procedures and forms for the listing of cases.

Consultation details on "MHRT" website - 12/4/10

Mental Health Lawyers Association: Consultation - proposed changes to Tribunal listing procedure - 7/4/10 - Membership required

Summary of Consultation Responses - 30/7/10

2010-04-30 2010-04-30
Consultation on proposed Mental Health (Wales) Measure Consultation Welsh Government

As part of its Stage 1 consideration, the National Assembly for Wales’ Legislation Committee No. 3 is calling for evidence on the general principles of the proposed Mental Health (Wales) Measure.

Consultation page

2010-03-29 2010-05-14
Consultation on revision of the Mental Health Act 1983 Code of Practice for Wales Consultation Welsh Government

"The new draft Code takes account of the changes to relevant legislation since the previous Code was written. In particular: (a) the requirements in the Mental Health (Wales) Measure 2010 with regards to care and treatment planning and the expanded provision of independent mental health advocacy; (b) the relationship between the Act, the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards.

Within the draft Code there is strengthened emphasis on: (a) the involvement of patients and, where appropriate, their families and carers in all aspects of assessment and treatment; (b) understanding the principles of the Mental Capacity Act 2005 and how these should apply to all care and treatment; (c) the involvement of Independent Mental Health Advocates; (d) the use of appropriate transport for patient subject to the Act to ensure their dignity and safety as far as is practicable.

There are 2 other matters of proposed guidance in the draft Code that are not in the existing code. (a) Firstly, it reiterates that the Act provides a limit of 72 hours for detention under section 136 and that assessments should only take place in a police station in exceptional circumstances. However in relation to the timing of assessments both at the police station and elsewhere, the draft Code proposes: (i) that they should be undertaken within 3 hours; (ii) that detention in a police station should not exceed a maximum of 12 hours. (b) Secondly, it proposes that a statutory care and treatment plan, if needed, will be started no longer than 72 hours after admission."

Consultation page

Welsh Government, 'Consultation on the Revision of the Mental Health Act 1983 Code of Practice for Wales' (document no WG26160, 4/9/15)

Welsh Government, 'Draft Mental Health Act 1983 Code of Practice for Wales' (4/9/15)

Law Society, 'Consultation on the Revision of the Mental Health Act 1983 Code of Practice for Wales: Law Society Response' (27/11/15)

Welsh Government, 'Consultation - summary of responses: Revision of the Mental Health Act 1983 Code of Practice for Wales' (document WG26160, June 2016)

For the revised Code of Practice, see Mental Health Act 1983 Code of Practice for Wales.

2015-09-04 2015-11-27
Consultation on Scottish tribunal rule 58 Consultation Scottish Government

The Scottish Government, 'Scottish Government Consultation: Amendment to Rule 58 of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005: Rule 58: Power to Decide Case Without a Hearing' (March 2011)

The Scottish Government is consulting on plans to increase the availability of rule 58 which allows the Tribunal, if all parties agree in writing, to dispose of a case without an oral hearing. The three proposed options, all dispensing with the need for agreement and presumably with the intention of cutting costs, are: (1) any party wanting a hearing must show cause why a hearing is necessary, or (2) as option 1 except the patient has the automatic right to hearing if requested, or (3) as option 1 except the hearing will take place unless the patient positively elects not to have one. It is envisaged that the rule would be used 'where there is no real dispute between the parties'.

Consultation responses. On this page, published 15/6/11, can be found all the responses to this consultation

2011-03-21 2011-05-16
Consultation on Service Framework for the Treatment of People with a Co-occurring Mental Health and Substance Misuse Problem Consultation Welsh Government

Consultation page

Welsh Government, 'Consultation Document: Service Framework for the Treatment of People with a Co-occurring Mental Health and Substance Misuse Problem 2015' (5/3/15)

2015-03-05 2015-04-23
Consultation on the CQC mental health strategy Consultation Care Quality Commission

"We are currently developing our strategic plan for our work on mental health over the next three to five years. We are keen to get a range of views to help us develop this plan.

"We would like to invite you to give your views as part our consultation on:

  • Where does the Care Quality Commission need to focus its efforts in the next three to five years to really make a difference in mental health?
  • How should we involve people who use services and their families and carers in developing, implementing and monitoring the strategy?"

Consultation page

2009-09-07 2009-09-07
Consultation on the draft code of practice to parts 2 and 3 of the Mental Health (Wales) Measure 2010 Consultation Welsh Government

'This consultation seeks views on a draft Code of Practice for care and treatment planning. It also covers reassessment for secondary mental health services under the Mental Health (Wales) Measure 2010. Part 2 of the Measure is concerned with: (1) the appointment of care coordinators as part of the process of planning and coordinating care; and (2) care and treatment plans for people receiving secondary mental health services. Part 3 of the Measure is concerned with: (1) former users of secondary mental health services; and (2) providing a right for them to refer themselves back to secondary services for assessment directly. The draft code sets out guiding principles and practice guidance for the operation of the Measure.'

Consultation page

Consultation documents

2011-10-18 2012-01-16
Consultation on the future of the Parole Board (2009) Consultation Ministry of Justice

"Since its creation in 1968, the role of the Parole Board has changed significantly, from an advisory body to a court-like decision-making body. It has evolved in light of legislative changes, court judgments and changing caseloads, but its functions, status and resources have not been systematically considered in light of these changes. This consultation paper represents an opportunity to address this, and consider whether any changes to its sponsorship and role would support the Parole Board in carrying out its functions more effectively and efficiently."

Consultation documents on MoJ website

2009-06-20 2009-11-20
Consultation on the joint Department of Health / NOMS Offender Personality Disorder Pathway Implementation Plan Consultation Department of Health

'This consultation is seeking your views about a new pathway approach for the treatment and management of offenders with serious personality disorders.'

Consultation page

DH, 'Response to the offender personality disorder consultation' (gateway ref 16313, 21/10/11)

2011-02-17 2011-05-12
Court Fees: Proposals for reform Consultation Ministry of Justice

From Government website: "Under the proposals contained in this consultation paper, those using the civil court system would, in future, be expected to meet the cost of the service where they can afford to do so, and for certain types of proceeding would be expected to contribute more than the cost. Fee remissions will continue to be provided for those who qualify, so that access to justice is not denied."

The proposals include introducing new, and amended, fees for the Court of Protection, and increased fees for judicial review.

Government website: 'Court fees: proposals for reform'

MOJ consultation website: 'Court fees: proposals for reform'

Ministry of Justice, 'Court Fees: Proposals for reform' (December 2013)† (main consultation document)

Regulatory Policy Committee, 'Impact assessment opinion: enhanced court fees' (20/1/14)† The summary of this report is: 'The Impact Assessment is not fit for purpose. The Department needs to make clear whether the proposal will result in the Court Service raising more funds than is necessary to cover their costs.'

2013-12-03 2014-01-21
Court of Protection, 'Additional Guidance for Judges and Practitioners arising from Covid-19' (The Hon Mr Justice Hayden, 18/3/20) Court guidance Coronavirus resource

Further COP coronavirus guidance

Additional Guidance for Judges and Practitioners arising from Covid-19 Hayden, Anthony Court of Protection

(1) This guidance contains the following key messages (paraphrased): (a) hearings of less than 2 hours will be by telephone, but longer hearings will proceed unless the judge decides otherwise; (b) all practitioners must consider the range of options, including Skype and telephone conferences; (c) if directions hearings cannot be dealt with by agreement then a remote hearing should be sought; (d) every sensible effort to alleviate the pressure on court staff should be made; (e) further use of Skype beyond the current limited circumstances is being considered. (2) The guidance answers various questions in relation to: (a) acceptance of electronic signatures; (b) notification of P; (c) interim appointment of professional deputies; (d) service by email; (e) scanned documents and electronic bundles; (f) capacity assessments undertaken via video. (3) A "Core Working Group (COVID-19)" including judges and representatives of the (legal) profession will be set up to look at ongoing interim solutions.

Judiciary of England and Wales 2020-03-18 Yes
2020-03-18 COP COVID-19 Additional Guidance.pdf
Court of Protection, 'Court User Group Update' (HHJ Carolyn Hilder and Amrit Panesar, 21/5/20) Court guidance Coronavirus resource

COP update

Court User Group Update Court of Protection Hilder, Carolyn Panesar, Amrit

This letter to court users deals with the court's performance and activities during the coronavirus outbreak and some of the work being done to assist practitioners, under the headings: (1) Hearings; (2) Filing of form COP20s; (3) Electronic filing of P & A deputy applications; (4) Performance.

2020-05-21 ==See also== *[[Court of Protection User Group]] Yes
2020-05-21 Court of Protection update.pdf
Court of Protection, 'Dear Colleagues letter' (Mr Justice Hayden, 23/3/20) Court guidance Coronavirus resource

HIVE group and 2m separation at court

Dear Colleagues letter Hayden, Anthony Court of Protection Judiciary of England and Wales

The "HIVE" group has been established, the objective being "to continue to refine our approach to dealing with the Court’s business and to seek to ensure that it runs as smoothly as possible". It consists of: The Vice President; The Senior Judge, HHJ Hilder; Sarah Castle, the Official Solicitor; Vikram Sachdeva QC; Lorraine Cavanagh QC; Alex Ruck Keene; Kate Edwards; Mary Macgregor, Office of Public Guardian; Joan Goulbourn, Senior Policy Advisor, Ministry of Justice. All those who attend court should keep 2m separation from others at all times.

2020-03-23

URL

Yes
2020-03-23 VP COP Third COVID 19 Guidance.pdf
Court of Protection, 'Further Guidance for Judges and Practitioners in the Court of Protection arising from Covid-19' (Mr Justice Hayden, 24/3/20) Court guidance Coronavirus resource

COP guidance on remote hearings and serious cases

Further Guidance for Judges and Practitioners in the Court of Protection arising from Covid-19 Court of Protection Hayden, Anthony Judiciary of England and Wales

(1) The guidance on remote hearings is now: "as from today no hearings which require people to attend are to take place unless there is a genuine urgency and it is not possible to conduct a remote hearing." (emphasis in original) (2) Genuinely urgent and life/death cases will be identified and prioritised in the usual way, but if any difficulty arises the VP's clerk may be emailed.

Court of Protection 2020-03-24

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==Note== The "sea change" mentioned in the first paragraph was the previous evening's "stay at home" requirement. Yes
2020-03-24 COP coronavirus guidance.pdf
Court of Protection, 'Letter about Hive group' (Mr Justice Hayden, 4/5/20) Court guidance Coronavirus resource

Information about Hive group

Letter about Hive group Court of Protection Hayden, Anthony

This letter sets out the aim and constitution of the Hive group, with particular focus on: (1) property and affairs; (2) welfare cases in the context of deprivation of liberty; (3) "community DOL" orders under COP DOL11; (4) transparency. The HIVE mailbox (hive@justice.gov.uk) can be used to raise coronavirus issues which do not relate to specific cases.

2020-05-04

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Yes
Court of Protection, 'Remote access to the Court of Protection guidance' (Mr Justice Hayden, 31/3/20) Court guidance Coronavirus resource

Detailed COP remote hearing protocol

Remote access to the Court of Protection guidance Court of Protection Hayden, Anthony

This 20-page document confirms that no COP hearings which require people to attend are to take place unless there is a genuine urgency and it is not possible to conduct a remote hearing. It includes a template case management order, and sets out sets out operational protocols governing remote hearings under the following headings: (1) General; (2) Legislative framework; (3) Judicial access to audio/visual conferencing platforms; (4) video/visual Conferencing: (a) Cloud Video Platform MoJ/HMCTS; (b) Skype for Business; (c) Microsoft Teams; (d) Zoom; (e) FaceTime; (f) Lifesize; (5) Audio/Telephone; (6) Security; (7) Transparency; (8) Transcription/recording of the hearing; (9) GDPR; (10) Attendance of P at the remote hearing; (11) Litigants in Person; (12) Witness Evidence; (13) Electronic Bundles; (14) Use of Interpreters and Intermediaries; (15) Orders and Service; (16) Legal aid funding.

2020-03-31

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Yes
Court of Protection, 'Visits to P by Judges and Legal Advisors' (The Hon Mr Justice Hayden, 13/3/20) Court guidance Coronavirus resource

COP coronavirus guidance

Visits to P by Judges and Legal Advisors Hayden, Anthony Court of Protection

This guidance from the Vice President of the Court of Protection states that "visits should only be made to P where that is assessed as absolutely necessary", that "[a]lternative arrangements should always be considered first, such as telephone FaceTime and Skype conferencing", and that "[v]isits to care home are to be strongly discouraged" (emphasis in original). Judges should discuss any potential visits with the Regional Lead Judge, and keep informed of the advice on the judicial intranet which is reviewed daily.

Judiciary of England and Wales 2020-03-13 ==See also== *[[Judiciary of England and Wales, 'Additional Guidance for Judges and Practitioners arising from Covid-19' (The Hon Mr Justice Hayden, 18/3/20)]] Yes
2020-03 Visits to P by Judges and Legal Advisors.pdf
Court Of Protection: Authorised Officers: A consultation on the delegation of some decisions in the Court of Protection to court officers Consultation Ministry of Justice

'A consultation on the proposal that an amendment be made to the Court of Protection Rules to provide for authorised officers to deal with specified types of applications. '

Ministry of Justice, 'Court Of Protection: Authorised Officers: A consultation on the delegation of some decisions in the Court of Protection to court officers' (consultation paper CP9/2011, June 2011)

2011-06-28 2011-09-20
CQC, 'Avon & Wiltshire Mental Health Partnership fined £80,000 after patient is injured falling from hospital roof' (21/8/19) Case summary

Trust fined for failing to provide safe care and treatment

Avon & Wiltshire Mental Health Partnership fined £80,000 after patient is injured falling from hospital roof Care Quality Commission

Extract from press release: "The risk of the low roof at Applewood Ward had been highlighted in previous annual risk assessments since 2011. The outcome was that the risk should be managed through staff observation. CQC believe this was an inappropriate and inadequate response to the risk posed to all service users by this low roof. In 2015 there were 28 direct references to the low roof in the garden of Applewood Ward between January and December at seven different Trust forums. The Trust was also aware that numerous other service users had been able to access the low roof prior to the service user’s fall in January 2016. The trust was fined £80,000 for failing to provide safe care and treatment and putting patient at risk of avoidable harm. It was also ordered to pay the prosecution costs of £12,033.96 and a £170 victim surcharge."

2019-08-21

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==Further details== The CQC provided the following information (email to MHLO, 23/8/19): <div class="perm">The CQC’s investigation considered whether the registered provider, Avon and Wiltshire Mental Health Partnership NHS Trust had breached Regulation 12(1) and 22 (2) of the [[Health and Social Care Act 2008 (Regulated Activities) Regulations 2014]]. In respect of its role as Registered Provider responsible for the location known as Applewood Ward, they failed to provide safe care and treatment to an inpatient, resulting in them suffering avoidable harm and thereby committing an offence under Regulation 22 of the Health and Social Care Act (Regulated Activities) Regulations 2014.</div> No
CQC, 'CQC finds improvements in use of the Mental Health Act but remains concerned about safety' (26/2/19) Press release

Press release about MHA report

CQC finds improvements in use of the Mental Health Act but remains concerned about safety Care Quality Commission

Extract from press release: "In its Monitoring the Mental Health Act in 2017/18 report published today, CQC has concluded that there has been an overall improvement in some aspects of care in 2016 to 2018, compared with findings in 2014 to 2016. They found: (1) Some improvement in the quality of care planning and patient involvement. A higher proportion of care plans are detailed, comprehensive and developed in collaboration with patients and carers. However, there is still considerable room for further improvement. (2) The provision of information about legal rights to patients and relatives is still the most frequently raised issue from visits. In many cases, patients may struggle to understand information given to them on admission because they are most ill at this point. (3) The greatest concern from Mental Health Act monitoring visits is about the quality and safety of mental health wards; in particular acute wards for adults of working age."

2019-02-26

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Yes
CQC, 'CQC has made changes to Mental Health Act complaints process' (11/5/20) CQC guidance Coronavirus resource

Complaints procedure

CQC has made changes to Mental Health Act complaints process Care Quality Commission

The CQC are prioritising MHA complaints from or about currently-detained patients; other complaints "will be reviewed, but may be paused during the coronavirus outbreak".

2020-05-11

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Yes
CQC, 'CQC sets out next steps to support adult social care during the COVID-19 pandemic' (15/4/20) Press release Coronavirus resource

Support for adult social care providers

CQC sets out next steps to support adult social care during the COVID-19 pandemic Care Quality Commission

This document deals with (1) Personal Protective Equipment; (2) coronavirus testing procedures for staff; (3) statistics (from this week, death notifications collected from providers will include whether the person had suspected or confirmed COVID-19); (4) information gathering (data on coronavirus pressures from services providing care in people's own homes will now be collected).

2020-04-15

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Yes

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