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Resources > Date: 2011

Showing below up to 19 results in range #1 to #19.

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Resource Type Sentence Abstract Date
Consultation on allocation options for funding for Local Healthwatch: PCT Deprivation of Liberty Safeguards Consultation

'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
Consultation on Appointments and Diversity Consultation

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
Consultation on Certification of Incapacity for Medical Treatment under Part 5 Section 47 Adults with Incapacity (Scotland) Act 2000 Consultation

'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
Consultation on Fees in the High Court and Court of Appeal Consultation

'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
Consultation on Mental Health (Assessment of Former Users of Secondary Mental Health Services) (Wales) Regulations 2011 Consultation

'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
Consultation on Mental Health (Care Coordination and Care and Treatment Planning) (Wales) Regulations 2011 Consultation

'[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
Consultation on Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2011 Consultation

'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
Consultation on Mental Health (Regional Provision) (Wales) Regulations 2012 Consultation

'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
Consultation on paper hearings for CTO reference cases Consultation

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
Consultation on preventing suicide in England: a cross-government outcomes strategy to save lives Consultation

'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
Consultation on Scottish tribunal rule 58 Consultation

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
Consultation on the draft code of practice to parts 2 and 3 of the Mental Health (Wales) Measure 2010 Consultation

'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
Consultation on the joint Department of Health / NOMS Offender Personality Disorder Pathway Implementation Plan Consultation

'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
Court Of Protection: Authorised Officers: A consultation on the delegation of some decisions in the Court of Protection to court officers Consultation

'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
Discussion paper on a proposed European Regulation on mutual recognition of protection measures in civil matters Consultation

'We are inviting views on a proposal for a European Regulation on mutual recognition of protection measures in civil matters. ... The Regulation aims to ensure that a protection measure (for example a non-molestation order) provided to a person in one Member State is recognised and maintained when that person travels or moves to another Member State. It is hoped that this Regulation will provide a quick and efficient mechanism which will avoid the person requiring protection having to go through time consuming court procedures in the Member State of recognition, or give evidence on the same matters a second time in order to get equivalent protection in that State.'

MoJ discussion paper

The proposed measure

[Check start date.]

2011-06-30
Mark Neary, Get Steven Home (Lulu 2011) Book

Deprivation of liberty book

The story behind Re Steven Neary; LB Hillingdon v Steven Neary [2011] EWHC 1377 (COP).

2011
Office of the Public Guardian: Call for evidence: Not for profit delivery of deputyship services Consultation

The paper cites the 'Big Society' concept. The introduction states that 'Not for profit delivery of deputyship services has three purposes: (1) to understand the reasons behind the low take up amongst not-for-profit organisations of deputyship work; (2) to benchmark the costs of providing deputyship services within the sector; (3) to test interest in such organisations providing personal welfare deputyships in the future.' The appendix shows that the hope is to get the same service for approximately half the price of sa solicitor deputy.

Office of the Public Guardian, 'Call for evidence: Not for profit delivery of deputyship services' (4/8/11)

Catherine Baksi, 'OPG calls for more use of non-lawyers to avoid "costly legal solutions"' (9/8/11)

2011-08-04
Phil Fennell, Mental Health: Law and Practice (Jordans, 2011) Book

Mental health law book

2011
Proposals on changes to the Office of the Public Guardian fees Consultation

'A consultation on the Office of the Public Guardian (OPG) fees 2011/2012 which aims to ensure that the OPG fee policy remains fair, equitable and proportionate to the services being provided whilst at the same time reflecting the current economic climate. The proposed changes will help ensure that the fee structure remains fair and equitable whilst fully covering OPG costs. We are now seeking your views.' (MOJ website).

The proposals are listed on the OPG website as:

  • Raising the LPA Application to Register fee from £120 to £130;
  • Implementing a new 'Resubmission Fee' of £65 each time an LPA is resubmitted to the OPG within 3 months of it being returned to the Applicant as invalid;
  • Discontinuing the production of LPA office copies by the OPG, except in extreme and limited circumstances, and for a £50 fee;
  • Removing the Application to Search the Registers fee;
  • Replacing Type 1, 2A and 2 supervision fees with a flat fee of £320 and introducing an administration fee of £35 for those in type 3 requiring the de minimis level of supervision;
  • Raising the maximum threshold of capital for those cases qualifying for Type 3 supervision from £16,000 to £21,000 over a period of 4 years;
  • Introducing a new Fee Remissions policy of 50% for those who have a gross income of up to £12,000;
  • Allowing the Public Guardian to vary the levels of fees payable in the future, examples of which could be:
  • Implementing a new discounted fee for any LPA applications that are submitted together;
  • Removing or discounting the LPA registration fee for Armed Service Personnel
  • Renaming a number of OPG fees in order to make it clearer what they cover.

MOJ consultation page

OPG news item

Ministry of Justice, 'Office of the Public Guardian - fees 2011/2012: Consultation paper' (CP 16/10, 28/2/11)

Public Guardian (Fees, etc.) (Amendment) Regulations 2011

See also: MCA Update emails

2011-02-28

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