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Recent updates on website
For details of any news item, click on the relevant link below.
- 15/10/18 (2): Deprivation of liberty (children) case. Re T (A Child)  EWCA Civ 2136 — "This appeal relates to the exercise of the inherent jurisdiction by the High Court, Family Division when called upon to make orders which, but for a lack of capacity in the statutory system, would be made as secure accommodation orders under Children Act 1989, s 25 (CA 1989)."
- 15/10/18 (1): LPA case. Public Guardian v DA  EWCOP 26 — "This judgment concerns two test cases brought by the Public Guardian, by applications made under s.23 and Schedule 1 paragraph 11 of the Mental Capacity Act 2005, regarding the validity of words in lasting powers of attorney ('LPAs'). The first concerns words relating to euthanasia or assisted suicide, whereas the second concerns words as to the appointment of multiple attorneys. Although the substance of the issues to which the words are directed is very different in the two cases, there is considerable overlap in the legal argument, the active parties were the same in the two sets of proceedings (the Public Guardian and the Official Solicitor) represented by the same counsel, and it is convenient to consider both cases in one judgment."
- 13/10/18 (2): New edition of MHA Manual. Richard Jones, Mental Health Act Manual (21st edn, Sweet and Maxwell 2018) — Pre-order the paperback from Amazon (cheaper, percentage goes to MHLO, but they don't have it until 31/10/18) or order directly from the publishers (paperback, eBook or both). This is the book everybody needs to have.. See Books
- 13/10/18 (1): Event. RAB: AMHP Refresher and Re-approval course - London, 26/11/18 to 28/11/18 — This 3-day course is based near London Bridge station at the London Councils training venue. It prepares AMHPs for re-approval as well as providing 18 hours of training to meet the annual regulatory requirement. Speakers: Rob Brown and Christine Hutchison. Cost £400 + VAT. Contact Rob Brown on email@example.com for further details and booking information.
- 12/10/18 (1): Legal Aid guidance. Legal Aid Agency, ‘Contract management: mental health guidance’ (v3, 1/9/18) — This document contains guidance under the following headings: (1) Overview; (2) Means Assessment; (3) Starting New MHT Matters; (4) Evidence of Means; (5) Level 1 and Level 2 Mental Health Proceedings Fees; (6) “Rolling Up” Matters; (7) Applications by a Nearest Relative; (8) The Court of Protection; (9) Work in Prisons; (10) Designated Accredited Representatives.
- 05/10/18 (1): Blavo case. Monidipa Fouzder, 'Blavo & Co burgled after firm told of legal aid probe, court told' (Law Society Gazette, 5/10/18) — This article covers the second day of a hearing into the Lord Chancellor's bid to seek £22m from John Blavo.
- 04/10/18 (1): Blavo case. Monidipa Fouzder, 'Lord chancellor seeks £22m from Blavo & Co director' (Law Society Gazette, 4/10/18) — This article summarises proceedings before Mr Justice Pepperall in the Royal Courts of Justice on 3/10/18, in which the Lord Chancellor seeks over £22m. Case number TLQ17/0821.
- 26/09/18 (1): Event. Edge Training: Consent and the Mental Capacity Act 2005 Conference - London, 29/10/18 — This one-day conference is designed to collate the key elements of consent and mental capacity law to enable delegates to understand their legal responsibilities. The conference will look at past case law by considering the biggest consent court case in recent history and the implications for staff. It will look at the present day legal requirements and consider the responsibility to seek valid informed consent. Lastly, the day will look to the future by outlining potential future developments in the Mental Capacity Act (Amendment) Bill, possible technology to investigate methods of communicating with those with limiting conditions, and legal advance care planning options under the Act. Speakers: James Badenoch QC, Steven Richards, Theresa Renwick, Dr Caterina Cinel, Aasya Mughal. Cost: £115 plus VAT (up to 10/10/18), £140 plus VAT (thereafter). See Edge website for further details and booking information.
- 18/09/18 (1): COP guidance (2016). Alex Ruck Keene, 'Bulk tenancy applications' (Court of Protection Handbook, 21/10/16) — This blog post notes that any application in relation to bulk tenancy applications will now be met with the following response: "The previous guidance, which was drawn up following an approach by the Association of Public Authority Deputies and other court users, has been withdrawn. That had indicated that the court was prepared to deal with all of the adults required to sign the tenancy agreement(s) in a single bulk application. Attention has been drawn to the fact that the Court of Protection Rules 2007 make no provision for bulk applications to be made. It is not possible, as the rules stand at present, to entertain an application made on that basis."
- 12/09/18 (1): Job advert. ASC Healthcare, Bolton - Mental Health Act Administrator (listed until 14/12/18). See Jobs
- 10/09/18 (2): Case summary. Ruth Atkinson-Wilks, 'Case Summary: RW v Chelsea and Westminster Hospital NHS Foundation Trust  EWCA Civ 1067' (Bevan Brittan, 10/9/18) — This document contains a well-structured summary of the judgment in PW v Chelsea and Westminster Hospital NHS Foundation Trust  EWCA Civ 1067.
- 10/09/18 (1): Event. COPPA: National Conference - Manchester, 19/9/18 — Speakers include: Senior Judge Hilder, Master James, Prof Wayne Martin (Essex Autonomy Project), Dr Paul Cooper, and a panel on financial abuse. Keynote speaker: Sir Andrew McFarlane. Price: £120. See COPPA website for further details and booking information.
- 05/09/18 (2): 39 Essex Chambers Special Report. 39 Essex Chambers, 'Special Report: Mental Capacity (Amendment) Bill' (3/9/18) — This report on the Mental Capacity (Amendment) Bill, edited by Victoria Butler-Cole, Neil Allen and Alex Ruck Keene, contains articles by: Neil Allen (Barrister, 39 Essex Chambers); Victoria Butler-Cole (Barrister, 39 Essex Chambers); Lorraine Currie (MCA/DoLS lead); Stephen Ward (Trust MHA and MCA lead); Gary Haigh (Local Authority Practice Development Manager);Martin Sexton (Local Authority MCA/DOLS team manager).
- 05/09/18 (1): Law Society LPS briefing paper. Law Society, 'Parliamentary brief: Mental Capacity (Amendment) Bill 2018: HL committee stage' (3/9/18) — This briefing paper on the Mental Capacity (Amendment) Bill contains the following headings: (1) Introduction; (2) Executive summary; (3) Principles of a new safeguarding framework; (4) Putting the person at the centre of the Mental Capacity Act; (5) Underpinning principles in the MCA 2005 and UNCRPD; (6) Assessment processes; (7) Independent scrutiny and safeguards; (8) Review processes; (9) Removal of the power to place conditions on authorisations; (10) Challenging authorisations; (11) Application of the LPS to 16 and 17-year olds. The Law Society's website summarises it as follows: "The Law Society believes that the proposed statutory scheme in the Mental Capacity (Amendment) Bill would weaken important safeguards provided under the existing Deprivation of Liberty Safeguards scheme. Any statutory scheme which permits the state to deprive someone of their liberty for the purpose of providing care and treatment must be robust and comprehensible. As it stands, we do not believe that the proposed Bill has sufficient safeguards and is not fit for purpose in its current form. It requires serious re-consideration and extensive revision. This briefing sets out the Law Society's views and makes recommendations for changes to make the Bill fit for purpose."
- 03/09/18 (2): Legal Aid guidance document. Legal Aid Agency, 'Costs Assessment Guidance: for use with the 2018 Standard Civil Contracts' (v1, 3/9/18) — The LAA have published this guidance together with a tracked changes version.
- 03/09/18 (1): New mental health Legal Aid form. CW 1&2 (MH) (v13, September 2018). See Legal Aid forms
- 02/09/18 (1): Deputyship case. PBC v JMA  EWCOP 19 — "PBC is the son of JMA, and was appointed as her sole attorney for property and affairs by a Lasting Power of Attorney ... He seeks the authority of the Court to make from JMA’s estate various gifts together exceeding £7 million. The purpose of such gifting, openly stated from the outset of the application, is to achieve - as long as JMA lives at least a further 3 years - reduction of inheritance tax liabilities. The parties have reached an agreement between themselves. Together, they ask the Court to make orders to give effect to their agreement. The matter was listed for hearing because the Court sought assistance in order to reach a conclusion as to whether or not the terms of that agreement are in the best interests of JMA."