Updates
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Recent updates on website
For details of recent news items, please see the MHLO updates forum category.
- 09/04/24(1745): Case (DOLS ineligibility under Case E). Manchester University NHS Foundation Trust v JS [2023] EWCOP 33 — The key questions when considering ineligiblity under Case E are: (1) Is the person a 'mental health patient'? (2) Is the person an 'objecting' mental health patient? (3) Could the person be detained under s2 or 3 MHA 1983? The judge had been entitled to reach the conclusions he did on the evidence he had.
- 09/04/24(1705): Victims and the MHT. Ministry of Justice, 'Tough new measures to bolster landmark victims' law' (press release, 9/4/24) — The government has proposed amendments to the Victims and Prisoners Bill 2022 which would mean that victims could make a Victim Impact Statement during the Mental Health Tribunal process. There would also be a duty placed on police and criminal justice agencies to deliver services in relation to the exiting duty to inform victims of their rights, and this duty would be overseen by the Victims' Commissioner.
- 08/04/24(2024): Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (24/2/24) — Unhelpfully, this practice note gives no indication of what changes have been made since the August 2022 version.
- 08/04/24(1946): Remote hearings. HMCTS, 'Safety and security in hospitals and trusts' (letter to MHLA, 4/4/24) — This letter states that from 8/4/24, for "health and safety" reasons, all hearings at venues that have not confirmed compliance with the minimum safety and security requirements will be held by video link. Of over 820 venues contacted (in February 2024), 150 stated that they cannot comply, and others have not yet replied. Representations can be made if there is "a particular medical or other reason that the patient cannot have a VH hearing" and directions might include "reasonable adjustments or a transfer to a suitable hospital".
- 08/04/24(1942): Tribunal room standards. HMCTS, 'Minimum security standards' (checklist, October 2023) — This checklist was sent to hospitals alongside Mark Sutherland Williams, 'Safety and security of tribunal members and others attending hospital mental health hearings' (letter to hospital Chief Executives, 4/4/24).
- 08/04/24(1936): Remote hearings. Mark Sutherland Williams, 'Safety and security of tribunal members and others attending hospital mental health hearings' (letter to hospital Chief Executives, 4/4/24) — This letter states that from 8/4/24 face-to-face hearings will not take place at venues which are "not compliant with minimum safety standards or have not replied to say they are".
- 08/04/24(1917): Hospital tribunal requirements. Mental Health Tribunal, 'Minimum security requirements and amenities for tribunal hearing rooms in hospitals' (29/1/24) — There are minimal changes to the 2022 version throughout the document. The main changes seem to be: (1) New paragraph 17 under the heading "Standards of safety and security": Contact details for a named responsible officer and an emergency number should always be provided to the panel on arrival in case security is required."; (2) changed email addresses; (3) further details on reporting concerns or incidents.
- 02/04/24(1953): Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 137B, March 2024) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: sexual and contraceptive complexities and an important light shed on DoLS from Northern Ireland; (2) In the Property and Affairs Report: the obligations on the LPA certificate provider, telling P their damages award, and dispensing with notification in statutory will cases; (3) In the Practice and Procedure Report: when it is necessary to go to court in serious medical treatment cases, and a Scottish cross-border problem; (4) In the (new) Mental Health Matters Report: medical evidence, mental disorder and deprivation of liberty, and the approach to propensity evidence; (5) In the Wider Context Report: when not to try CPR, developments in the context of assisted dying / assisted suicide and with Martha’s Rule, and news from Ireland; (6) In the Scotland Report: a Scottish take on the Cheshire West anniversary and a tribute to Karen Kirk."
- 02/04/24(1944): Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 138, April 2024) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a very difficult dilemma arising out of covert medication, and key deprivation of liberty developments; (2) In the Property and Affairs Report: fixed costs for deputies, deputies and conflicts of interest, and the Child Trust Fund saga continues; (3) In the Practice and Procedure Report: three amended Practice Directions, when (and why) should the judge visit P and fact-finding in the Court of Protection; (4) In the Mental Health Matters Report: the Government (rather surprisingly) responds to the Joint Committee on the draft Mental Health Bill, and important reports from the PHSO and CQC; (5) In the Wider Context Report: a snapshot into litigation capacity and Jersey sheds light on the concrete realities of assisted dying / suicide; (6) In the Scotland Report: the Assisted Dying for Terminally Ill Adults (Scotland) Bill."
- 06/03/24(1348): Annual Review 2023 — The Annual Review 2023 contains all news items, arranged thematically, which were added to the website during 2023. At some point I hope to arrange it thematically and publish it as a paperback and Kindle booklet, but in the meantime it is available online at Annual Review 2023.
Monthly updates
The relevant month's updates, categorised and on one webpage: