From Mental Health Law Online
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- 04/12/13 (5): Further blogs about caesarian case. (1) Neil Munro, 'A post that is not about forced caesarean sections' (Mental Health and Mental Capacity Law Blog, 3/12/13); (2) Neil Munro, 'A post which is about caesarean without consent' (Mental Health and Mental Capacity Law, 4/12/13). See Re AA (2013) MHLO 104 (COP)
- 04/12/13 (4): 39 Essex Street, 'Update on oral evidence given to House of Lords Select Committee on the Mental Capacity Act 2005 October-November 2013' (December 2013). See 39 Essex Street Mental Capacity Law Newsletter#December 2013
- 04/12/13 (3): 39 Essex Street, 'Mental Capacity Law Newsletter' (issue 40, December 2013). The cases mentioned in this issue are: Re M (Best Interests: Deprivation of Liberty) (2013) EWHC 3456 (COP), (2013) MHLO 97 — A Local Authority v SY (2013) EWHC 3485 (COP), (2013) MHLO 96 — YLA v PM and MZ  EWHC 3622 (Fam) — Re P (A Child) (2013) EW Misc 20 (CC), (2013) MHLO 103 — Re AA (2013) MHLO 104 (COP) — R v Farooqi  EWCA Crim 1649 — Cuthbertson v Rasouli  SCC 53 — LGO/PHSO Ombudsman decision Kirklees MBC 11 004 229. There is also information under the following headings: (a) Lay deputies facing custodial sentence after conviction for theft from compensation fund; (b) Transparency in the Court of Protection; (c) New COP3 published; (d) Costs in s.21A applications round 2; (e) Department of Health response to post-legislative scrutiny of MHA 2007; (f) AM - a BIA/AMHP responds; (g) New Mental Health Tribunal Practice Direction directs specific consideration of whether MCA would be less restrictive; (h) Dementia-friendly financial services charter; (i) Intervention Order integral to successful settlement of Scottish criminal injuries compensation claim after 24 years; (j) Mental Welfare Commission for Scotland recruiting new Chief Executive; (k) Mini call for evidence. See 39 Essex Street Mental Capacity Law Newsletter#December 2013
- 04/12/13 (2): Caesarian case. Judicial Office statement on application for reporting restrictions (Judiciary website, 4/12/13). See Re P (A Child) (2013) EW Misc 20 (CC), (2013) MHLO 103
- 04/12/13 (1): Caesarian case (COP judgment). Re AA (2013) MHLO 104 (COP) — Judgment of Mostyn J in 'Italian forced caesarian' case. [Summary required.]
- 03/12/13 (4): 'Italian forced caesarian' case. Various articles and commentary: (1) Lucy Series, 'More questions than answers - on the "forced caesarean" case', (The Small Places Blog, 3/12/13); (2) Lucy Reed, 'Never let the facts get in the way of a good story eh?' (Pink Tape Blog, 1/12/13); (3) Essex County Council, 'Essex County Council responds to interest in story headlined "Essex removes baby from mother"' (2/12/13); (4) Tweets from Judicial office (@JudiciaryUK): 'Proceedings not yet concluded; President of Family Division has ordered the matter be transferred to High Court. President of Family Division has order any further applications in respect of the child are to be heard by him.' (2/12/13); (5) Christopher Booker, '"Operate on this mother so that we can take her baby"' (Telegraph, 30/11/13); (6) Colin Freeman, 'Child taken from womb by social services' (Telegraph, 30/11/13); (7) John Bingham and Alice Philipson, 'Caesarean case mother denied chance to keep baby in hospital' (Telegraph, 2/12/13). See Re P (A Child) (2013) EW Misc 20 (CC), (2013) MHLO 103
- 03/12/13 (3): Caesarian case (care proceedings). Re P (A Child) (2013) EW Misc 20 (CC), (2013) MHLO 103 — Care proceedings judgment in 'Italian forced caesarian' case. [Summary required.]
- 03/12/13 (2): Sentencing Remarks of HHJ Brian Barker QC, 4/3/13. See R v Edgington (2013) EWCA Crim 2185, (2013) MHLO 102
- 03/12/13 (1): Criminal case. R v Edgington (2013) EWCA Crim 2185, (2013) MHLO 102 — The appellant had been sentenced to life imprisonment for murder and attempted murder, with a minimum term of 37 years. (1) Appeal against conviction dismissed, as the judge was not wrong to prevent counsel from re-examining the defence expert on whether she would 'as a matter of practice ... ever be released' from a hospital order. (2) Appeal against sentence dismissed as it was not manifestly excessive.
- 30/11/13 (1): Suggestions sought for Annual Review 2013. If you know of any 2013 updates which have not yet featured on the website, please send them to me at jonathan(at)mentalhealthlaw.co.uk. This includes cases, legislation, government and other official publications, and interesting news articles. For previous paperback and Kindle versions, see Annual Review 2012 and Annual Review 2011
- 29/11/13 (1): Legal Aid Agency, 'Headline intentions for tenders for remaining categories operating under the Standard Civil Contract 2010' (29/11/13). (1) In the mental health and community care categories, the existing 2010 contract will be extended to 31/7/14, and the proposed timetable for the new contract is as follows: (a) PQQ and ITTs open, mid-Feb; (b) PQQ and ITTs close, mid-March; (c) notification of outcome, late-April; (d) verification process, May to late-June; (e) issue contracts, July; (f) contract start, 1/8/14. (2) All organisations meeting the tender requirements will be awarded a contract. Matter starts will be awarded based on lots (details of which have not yet been published). Those bidding in the smaller lots will be guaranteed what they bid for (with the ability to self-grant 50% extra). Those bidding in the highest lot may need to meet additional requirements; they will be allocated the minimum number in that lot, plus whatever matter starts remain after allocation of the guaranteed matter starts. (3) In mental health, all representatives before the Mental Health Tribunal must be accredited under the Law Society's mental health accreditation scheme. In community care, it will no longer be possible to qualify as a supervisor via the housing route, and licensed work will no longer be able to be done under tolerance. In both categories an authorised litigator (usually a solicitor or barrister: see Legal Services Act 2007) must be employed. (4) Details for other 2010 categories (including public law) will follow, but the intention is to extend the contract to 31/10/15, and tender from late-2014 with contracts starting on 1/11/15. See Legal Aid
- 27/11/13 (1): Upper Tribunal decision (bias). Equilibrium Health Care v AK (2013) UKUT 543 (AAC), (2013) MHLO 101 — A tribunal medical member had referred the RC to the GMC in 2010 in relation to the RC's evidence at a tribunal. The RC argued, following the adjournment of a 2013 hearing, that this medical member should recuse himself because of bias. He was unsuccessful as there was no real possibility of bias, or actual bias, at either the 2010 hearing or the 2013 hearing. Obiter: decisions on recusal are best challenged after the proceedings are concluded.
- 19/11/13 (10): Miscellaneous case. R (Zhang) v Camden and Islington NHS Foundation Trust (2013) EWCA Civ 1425, (2013) MHLO 100 — Unsuccessful challenge to (1) detention under s2 (a subsequent tribunal decision to discharge was consistent with a lawful initial detention) and (2) decision not to hold hospital managers' hearing (it was reasonable to wait a few days for the tribunal).
- 19/11/13 (9): Medical case. Re VT (minimally conscious state) (2013) MHLO 99 (COP) — Extract from press article: "The family of an elderly devout Muslim who is in a minimally conscious state have lost their legal bid to prolong his life. They argued that the 72-year-old man, who can be identified only as VT, would regard his suffering as bringing him closer to God. The family contested an application by an NHS Trust that it was not in VT's best interests for him to be given intensive resuscitation or be admitted to intensive care if his condition deteriorated. ... Granting the application, he said that bag and mask resuscitation was excluded from the declaration sought, but CPR was not in VT's best interests, and to require staff to treat him in intensive care would be entirely futile." [No transcript available.]
- 19/11/13 (8): Investigation following death. R (Antoniou) v Central and North West London NHS Foundation Trust (2013) EWHC 3055 (Admin), (2013) MHLO 98 — "This claim for judicial review arises out of the suicide of Mrs Jane Antoniou... At the time she was a patient detained ... under section 3 of the Mental Health Act 1983... For the reasons given above, we have concluded that, given all the circumstances of this case, in particular the fact that there was a properly constituted and conducted Inquest, there was no obligation under Article 2 of the ECHR to have, in addition, a separate independent investigation into the death of JA, either from the outset or from any time thereafter. We have also concluded that, taken as a whole, the investigation process into the death of JA was independent, effective and prompt. Lastly, we have concluded that there was no unlawful discrimination against JA or the claimant by any of the defendants in the way that JA's death was investigated." [Summary required.]
- 19/11/13 (7): Paul Pigott, 'Concern over mental health detentions by police in Wales' (BBC Wales News, 15/11/13). See MHA 1983 s136
- 19/11/13 (6): Robin Hopkins, 'Confidentiality of medical information after patient’s death: two new Upper Tribunal decisions' (Panopticon Blog, 14/11/13). See Miscellaneous external links
- 19/11/13 (5): Transparency. Sir James Munby, 'Opening up the Family courts: Transparency in the Family court and the Court of Protection' (Speech at Annual Conference of the Society of Editors, 11/11/13). See Court of Protection
- 19/11/13 (4): Legal Aid legislation. Civil Legal Aid (Remuneration) (Amendment) Regulations 2013/2877 — These regulations, among other things, amend the Civil Legal Aid (Remuneration) Regulations 2013/422 so as to reduce by 20% the maximum hourly rates payable to experts in civil cases. New rates include psychiatrists at £108 and psychologists at £93.60 per hour. In force 2/12/13 (i.e. it applies where the relevant legal aid form is signed and dated, or an emergency application is granted under delegated functions, on or after 2/12/13).
- 19/11/13 (3): Rowena Mason, 'Doctors, nurses and managers to face five years in jail if they neglect patients' (Guardian, 16/11/13). See Miscellaneous external links
- 19/11/13 (2): Tim Brown, 'Mental impairment. How does the employer know? Cox v Essex County Fire and Rescue Service' (13KBW Employment Blog, 18/11/13). See Miscellaneous external links
- 19/11/13 (1): Polly McConnell and Jenny Talbot, 'Mental health and learning disabilities in the criminal courts: Information for magistrates, district judges and court staff' (Prison Reform Trust and Rethink Mental Illness, September 2013). Chapter headings are: (1) Welcome and introduction; (2) How to use this information; (3) Mental Health; (4) Learning disability; (5) Other disabilities and impairments; (6) Co-morbidity and dual diagnosis; (7) Right to a fair trial and fitness to plead; (8) Vulnerable defendants in court; (9) Supporting vulnerable defendants in court; (10) Bail and remand decisions; (11) Liaison and diversion services; (12) Sentencing; (13) Breach; (14) Mental Health Act; (15) References. See Miscellaneous external links
- 12/11/13 (2): Best interests case. A Local Authority v SY (2013) EWHC 3485 (COP), (2013) MHLO 96 — "It is plain from all of the evidence before me that SY lacks the capacity to litigate and the capacity to make decisions about her residence, her contact with others, her care package and to enter a contract of marriage. I find the care package proposed by the authority and the orders sought are in SY's best interests. Accordingly, I make all of the orders sought. I am satisfied that, on the facts of this case, the appropriate and proportionate course is for the court, of its own motion, to invoke the inherent jurisdiction of the High Court and to make the declaration that the ceremony in which SY was involved on 10 June 2012 was a non-marriage." [Summary required.]
- 12/11/13 (1): Updated Practice Direction. Practice Direction: First-tier Tribunal Health Education and Social Care Chamber: Statements and Reports in Mental Health Cases — This Practice Direction relates to the contents of reports required for mental health cases. In force 28/10/13 (superseding previous versions).
- 09/11/13 (1): New book. Books . The 16th edition of this essential book has been published. See
- 07/11/13 (3): DOLS appeal. Re M (Best Interests: Deprivation of Liberty) (2013) EWHC 3456 (COP), (2013) MHLO 97 — "These Court of Protection proceedings under Section 21A of the Mental Capacity Act 2005 were brought in May 2013 on behalf of a 67-year-old lady named M. ... M wants to return to her own home, a bungalow that, until she went into residential care, she had shared for much of the time with her partner of 30 years." [Summary required.]
- 07/11/13 (2): Forms. New COP3 form published today. See HMCTS website *
- 07/11/13 (1): Ben Troke, 'Medical treatment decisions at the end of life' (Browne Jacobson website, 4/11/13). See Browne Jacobson website *
- 02/11/13 (1): 39 Essex Street, 'Mental Capacity Law Newsletter' (issue 39, November 2013). See 39 Essex Street Mental Capacity Law Newsletter
- 01/11/13 (1): Samantha Bangham, 'Samantha Bangham's month in cases October 2013' (Family Law website, 30/10/13). Court of Protection cases. See Newsletters