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Drilldown: Resources

See also: General information. A summary of the coronavirus resources can be found here: Coronavirus resources.

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Resources > Author : Edge Training or HM Prison and Probation Service or Law Society or Legal Aid Agency

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Showing below up to 14 results in range #1 to #14.

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Resource Type Sentence Abstract Date
Edge Training, 'Liberty Protection Safeguards: Jargon Buster' (18/6/19) Document

LPS glossary

Edge's summary of this document is as follows: "The Edge LPS Jargon Buster provides a detailed explanation of terms used in LPS such as ‘condition’ (used in a number of different ways), reviews, determinations and the relevant person (did you know the same term can relate to three different roles?)"

2019-06-18
HM Prison and Probation Service, 'Mental Health Casework Section: Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019) Document

Conditional discharge/DOL guidance

The aim of this this operational policy is to ensure that, where appropriate, restricted patients can continue their rehabilitation in a community-based setting following the Supreme Court's decision in SSJ v MM [2018] UKSC 60. For patients who lack capacity to consent to deprivation of liberty and the risk is to themselves, the solution is to allow conditional discharge with deprivation of liberty authorised under the Mental Capacity Act 2005. For patients who lack capacity and the risk is to others, and also for patients who have capacity, the solution, if further treatment and rehabilitation could be given in a community setting, is to consider long-term s17 escorted leave (use of the inherent jurisdiction is not considered to be the correct approach). The leave of absence would be for an initial period of up to 12 months. For patients already on conditional discharge, the following options will be considered: (a) variation of conditions; (b) recall, with or without instantaneous grant of escorted leave to the current placement; (c) absolute discharge; (d) referral to tribunal. The policy mentions reassessing patients who present risks to themselves in order to see if they lack capacity after all, which may an MCA authorisation possible.

2019-01-08
HMPPS, 'Leave Application for Restricted Patients' (3/5/19) Form

Leave application form

This updated form is for all leave except medical leave for high profile cases (for which there is a separate form).

2019-05-03
HMPPS, 'Medical Leave application for high profile restricted patients' (3/5/19) Form

Medical leave application form

This updated form is required when applying for permission to grant medical leave to a high profile patient.

2019-05-03
HMPPS, 'Mental Health Casework Section and NHS England - joint performance management framework and target timescales 2019/20' (1/8/19) Document

MHCS targets

This document presents target timescales for the Mental Health Casework Section to consider key decisions for restricted patients. The targets, measured in calendar days from receipt of application to decision issued, are: (1) prison transfer, 5 days; (2) remission to prison, 7 days; (3) hospital transfer - trial leave from high to medium secure, 28 days; (4) hospital transfer - downgrade in security, excluding high to medium, 28 days; (5) hospital transfer, level, 14 days; (6) hospital transfer, upgrade, 7 days; (7) community leave, escorted day, 28 days; (8) community leave, unescorted day, 35 days; (9) community leave, overnight, 35 days; (10) community leave, long-term escorted leave, 35 days; (11) conditional discharge, 28 days; (12) absolute discharge, 28 days; (13) recall, same day. Compassionate and medical leave have not been included in this set of targets; where cases are urgent, they remain at 24 hours.

2019-08-01
Law Society, 'Coronavirus (COVID-19) advice and updates' (19/3/20) Web page Coronavirus resource

Law Society coronavirus guidance

This guidance contains information under the headings: (1) Advice for employers; (2) Advice for firm owners, managing partners or senior leaders; (3) Advice for members visiting police stations, prisons or courts; (4) Advice for international firms; (5) Advice for conveyancers; (6) Advice for litigators; (7) Advice for legal aid firms.

2020-03-19
Law Society, 'Mental Health Accreditation: Application and re-accreditation application forms guidance notes and policies' (dated 5/12/18) Web page

This document contains updated guidance on the professional development requirements for panel membership. Dated: December 2018. Metadata: created 5/12/18. Downloaded 7/12/18. Filename: mental-health-accreditation-guidance-december-2018.pdf

2018-12-05
Law Society, 'Parliamentary briefing: Mental Capacity (Amendment) Bill: House of Commons second reading' (18/12/18) Document

Parliamentary briefing on Mental Capacity (Amendment) Bill

Extract from Law Society website: "The Law Society is concerned by provisions in the Mental Capacity (Amendment) Bill. While attempting to simplify the current arrangements under the Deprivation of Liberty Safeguards (DoLS), the Bill removes vital existing safeguards for cared-for people. The Bill should be amended to avoid the unlawful treatment of the vulnerable individuals who receive care and treatment under conditions of detention. Many changes have been made but there is still some way to go. There is a real risk that many of the flaws in the existing system will be duplicated and that the new system will replace one deficient system with another than removes existing safeguards for people. This briefing sets out our key positions on the Bill."

2018-12-18
Legal Aid Agency, 'Coronavirus (COVID-19): contract management and assurance' (14/4/20) Legal Aid resource Coronavirus resource

LAA contract guidance

This web page, which is a sub-page of Legal Aid Agency, 'Coronavirus (COVID-19): Legal Aid Agency contingency response' (18/3/20), contains information about working with contract management, reducing administrative activity for providers, office and supervisory arrangements, and quality mark accreditation. Under the heading "Designated Accredited Representatives in Mental Health cases" it states: "We understand the current situation may mean you are unable to meet the requirements of the contract regarding designated accreditation representatives, including where an individual is not able to meet the 14-hour requirement. You should document the reasons why, but we will not take any action in this situation. It will remain a requirement all advocates before the tribunal except self-employed counsel must be members of the Law Society’s Mental Health Accreditation Scheme."

2020-04-14
Legal Aid Agency, 'Coronavirus (COVID-19): Legal Aid Agency contingency response' (18/3/20) Legal Aid resource Coronavirus resource

LAA coronavirus guidance

This LAA web page is the main source of Legal Aid guidance, and contains links to various sub-pages.

2020-03-18
Legal Aid Agency, 'Coronavirus (COVID-19): remote working' (14/4/20) Legal Aid resource Coronavirus resource

LAA remote working guidance

This web page, which is a sub-page of Legal Aid Agency, 'Coronavirus (COVID-19): Legal Aid Agency contingency response' (18/3/20), includes information on the MHT level 3 fee: "Most Mental Health Tribunal (MHT) hearings will now be heard remotely. We can confirm the MHT Level 3 Fee will be payable where representation is carried out at a remote hearing intended to dispose of a case and would have ordinarily taken place in person."

2020-04-14
Legal Aid Agency, 'Coronavirus (COVID-19): working with clients' (14/4/20) Legal Aid resource Coronavirus resource

LAA coronavirus guidance

This web page, which is a sub-page of Legal Aid Agency, 'Coronavirus (COVID-19): Legal Aid Agency contingency response' (18/3/20), includes information relating to making Legal Aid applications, assessing financial eligibility where a client cannot attend, using digital signatures, client finances and contributions, approach to emergency certificates, and operation of the statutory charge. (1) In relation to assessing eligibility it states: "Where a client is staying at home, it may still be possible to collect evidence by email or post. Reasonable efforts to collect evidence should still be made and recorded, before assessing without evidence if that is not possible." (2) In relation to signatures the advice, since 24/3/20, has included: "In situations where it is not possible to get a client signature, digitally or otherwise, please make a note on the file explaining why, countersigned by a supervisor, and also make a note on the application/form when submitted to avoid delays or issues with processing. Please seek a signature at the earliest possible opportunity. ... [S]upervisor signatures may also be provided digitally to enable effective remote supervision, as long as they are clearly related to the relevant file notes."

2020-04-14
Legal Aid Agency, 'Keycard 54' (issued Apr 2018, updated Sep 2018) Document

Financial eligibility

This document is helpful when working out financial eligibility for civil Legal Aid. Superseded by: Legal Aid Agency, 'Keycard 55' (April 2019).

September 2018
Legal Aid Agency, 'Keycard 55' (April 2019) Legal Aid resource

Financial eligibility

This document is helpful when working out financial eligibility for civil Legal Aid.

2019-04-08

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