Mental Health Law Online - User contributions [en]

Updates

2012-05-16T20:53:50Z

Jonathan:

Care Quality Commission

2012-05-16T20:53:08Z

Jonathan: /* CQC - Other documents */

The Care Quality Commission was created in October 2008 and became operational on 1/4/09. It is an amalgamation of the following organisations:

* [[Healthcare Commission]] (Commission for Healthcare Audit and Inspection)
* [[Commission for Social Care Inspection]] (CSCI)
* [[Mental Health Act Commission]] (MHAC)

==See also==
* [[Health and Social Care Act 2008]] - The legislation which created the Commission
*[[Consultations]]
*[[Statistics]]

==External links==

===CQC===
[http://www.cqc.org.uk/ Care Quality Commission website]

[http://webarchive.nationalarchives.gov.uk/*/http://www.cqc.org.uk/ National Archives: CQC website]. Some documents are not available on the current CQC website, but many of these can be located in these archives

===CQC - Reports on MHA===
*[[:File:CQC MHA report 2010-11.pdf|Care Quality Commission, 'Monitoring the Mental Health Act in 2010/11' (8/12/11)]]. The detailed findings in this report are set out under the following chapter headings: (1) Patients' involvement and protection of their rights; (2) Consent to treatment; (3) Patients' experience of care and treatment; (4) Promoting patient safety; (5) Deaths of detained patients

*[[:File:CQC MHA report 2009-10.pdf|Care Quality Commission, 'Monitoring the use of the Mental Health Act in 2009/10' (27/10/10)]]. CQC's first report on the MHA

*[http://www.cqc.org.uk/_db/_documents/MHAC_Biennial_Report_0709_final.pdf Coercion and consent: monitoring the Mental Health Act 2007–2009: The Mental Health Act Commission Thirteenth Biennial Report 2007-2009] - 19/7/09

===CQC - DOLS===
*[[:File:CQC DOLS 2010-11.pdf|CQC, 'The operation of the Deprivation of Liberty Safeguards in England, 2010/11' (March 2012)]]. Key findings: '(1) 8,982 applications to deprive a person of their liberty were processed, of which 50 per cent were authorised. (2) Many services have developed good practice on the use of the safeguards, especially in involving people and their families in the decision-making process, but some were confused as to when restraints or restrictions on a person amounted to a deprivation of liberty. (3) Between a third and a quarter of care homes had not provided their staff with training on the safeguards, and in some cases only the manager had received training. (4) Most hospitals had held some training, but the proportion of staff involved ranged between 20-100 per cent.'
**[[:File:CQC DOLS 2010-11 summary.pdf|CQC, 'Summary: The operation of the Deprivation of Liberty Safeguards in England, 2010/11' (March 2012)]]
**[http://thesmallplaces.blogspot.co.uk/2012/03/cqcs-second-monitoring-report-on.html Lucy Series, 'CQC's second monitoring report on the deprivation of liberty safeguards' (Small Places blog, 27/3/12)]

*[[:File:CQC DOLS report March 2011.pdf|CQC, 'The operation of the Deprivation of Liberty Safeguards in England 2009/10' (March 2011)]]. The 'Issues Raised' are listed as: (1) the DH should consider developing clear, concise and practical briefings on what may constitute a 'deprivation of liberty' and when the Safeguards should be used; (2) staff should be trained effectively on the types of practice that may lead to deprivation of liberty, and should seek advice from their supervisory body in cases of doubt; (3) the move to regulation under the Health and Social Care Act 2008 will allow a monitoring role which is consistent across health and adult social care; (4) the DH should consider reducing the amount of paperwork required.

*[[:File:CQC Guidance for providers MCA.pdf|CQC, 'Mental Capacity Act: Guidance for providers', October 2010]]

*[[:File:CQC Guidance for providers MCA DOLS.pdf|CQC, 'Deprivation of liberty safeguards: guidance for providers', October 2010]]

===CQC - Other documents===

*[http://www.cqc.org.uk/organisations-we-regulate/mental-health-services/mental-health-act-guidance/second-opinion-appoint-0 CQC, 'Changes to consent to treatment for patients subject to a CTO' (May 2012)]. This page explains the change to the regulations.

*[http://www.cqc.org.uk/aboutcqc/howwedoit/involvingpeoplewhouseservices/patientsurveys/communitymentalhealthservices.cfm Community mental health services survey 2011 (results published August 2011)]

*[http://www.cqc.org.uk/annualreport2009/10.cfm Focused on better care: Annual Report 2009/10] - 27/7/10

*[http://www.cqc.org.uk/usingcareservices/mentalhealthact.cfm What to expect if your rights are restricted under the Mental Health Act] - 25/5/10 - Information for patients about about what to expect and how to complain ([http://www.cqc.org.uk//newsandevents/newsstories.cfm?cit_id=36282&FAArea1=customWidgets.content_view_1&usecache=false related press release])

*[http://www.cqc.org.uk/guidanceforprofessionals/mentalhealth/workingwithpeoplewhoserightsarerestricted/statutoryreportingbyserviceproviders.cfm Statutory reporting related to the Mental Health Act 1983] - March 2010 - The page deals with new reporting requirements in relation to detained patients who go AWOL or die (in force on 1/4/10 for NHS service providers and 1/10/10 for independent service providers); it also covers s61 reports.

*[http://www.cqc.org.uk/_db/_documents/20100315_Mental_health_5_year_action_plan_FINAL.pdf Position statement and action plan for mental health 2010-2015] - March 2010

*[http://www.cqc.org.uk/newsandevents/newsstories.cfm?cit_id=35377&FAArea1=customWidgets.content_view_1&usecache=false A new registration system from April 2010] - 30/9/09 - In the future all health and adult social care providers who provide regulated activities will be required to register with the Care Quality Commission. New registration comes into effect on 1/4/10 for NHS trusts (including PCTs) and 1/10/10 for adult social care and independent healthcare providers

*[http://www.cqc.org.uk/newsandevents/newsstories.cfm?cit_id=35306&FAArea1=customWidgets.content_view_1&usecache=false Results of 2009 survey of mental health acute inpatient services published] - 24/9/09

*[http://www.cqc.org.uk/newsandevents/newsstories.cfm?cit_id=35229&FAArea1=customWidgets.content_view_1&usecache=false Investigation report into West London Mental Health NHS Trust] - 21/7/09

*[http://www.cqc.org.uk/newsandevents/newsstories.cfm?cit_id=35240&FAArea1=customWidgets.content_view_1&usecache=false Progress report on Mid Staffordshire NHS Foundation Trust] - 21/7/09

*[http://www.cqc.org.uk//newsandevents/newsstories.cfm?cit_id=35231&FAArea1=customWidgets.content_view_1&usecache=false New mental health report] - 19/7/09 - CQC's press release and detailed response about MHAC 13th report

*[http://www.cqc.org.uk/media/cqc-inspector-dismissed-gross-misconduct CQC, 'CQC inspector dismissed for gross misconduct' (27/4/12)]. 'A CQC inspector has been dismissed for gross misconduct after an internal investigation revealed that the impartiality of their regulatory judgements had been seriously compromised. This came to light as a result of whistle-blowing information to the CQC. No additional detail can be provided as CQC has now referred this matter to the police.'

===DH===

*[http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_117691 Liberating the NHS: Report of the arms-length bodies review] - 26/7/10 - The proposal for the CQC is: "Retain as quality inspectorate across health and social care, operating a joint licensing regime with Monitor. Host organisation for Healthwatch England. Current responsibility of assessing NHS commissioning moves to the NHS Commissioning Board. May receive functions from other organisations, e.g. HTA and HFEA"

* [http://www.dh.gov.uk/en/Publicationsandstatistics/Legislation/Actsandbills/HealthandSocialCareBill/index.htm Health and Social Care Bill]

:* [http://www.dh.gov.uk/en/Consultations/Closedconsultations/DH_083625 The future regulation of health and adult social care in England: a consultation on the framework for the registration of health and adult social care providers (closed consultation)] (25/3/08)

:* [http://www.dh.gov.uk/en/Publicationsandstatistics/Legislation/Actsandbills/HealthandSocialCareBill/DH_080438 Care Quality Commission] (16/11/07)

:* [http://www.dh.gov.uk/en/Consultations/Responsestoconsultations/DH_078227 The future regulation of health and adult social care in England - response to consultation] (27/11/06)

*[http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_132790 Department of Health, 'Performance and Capability Review - Care Quality Commission' (gateway ref 17277, 23/2/12)]

===Other===

* [http://services.parliament.uk/bills/2007-08/healthandsocialcare.html Health and Social Care Bill 2007-08] (updated as the Bill progressed through Parliament)

*[[:File:National Preventive Mechanism Annual report 2009-2010.pdf|Lord Chancellor and Secretary of State for Justice, 'Monitoring places of detention: First annual report of the United Kingdom's National Preventive Mechanism: 1 April 2009 – 31 March 2010' (Cm 8010, February 2011)]]

Mental Health Act 1983 Statutory Forms

2012-05-16T20:47:47Z

Jonathan:

Since 3/11/08, when most of the changes made by the [[Mental Health Act 2007]] came into force, new statutory forms have had to be used.

{| width="100%" class="wikitable"
!width="50%"|England
!width="50%"|Wales
|-
|valign="top"|In England, forms must comply with the [[Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008]]. Note that some errors in the regulations have been corrected by the [[Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2008]].

The Department of Health's official pink forms, together with the CQC's Word-format treatment forms (T1-6), are published below with permission from the respective organisations.

'''External link'''

[[Media:SLAM guidelines for disclosure.pdf|SLAM guidelines for disclosure, 22/10/10]] - This Trust's policy is now (a) to provide copies of section papers on request as soon as reasonably practicable; (b) in connection with hearings, to provide access to records if the RC has not objected within 24 hours; and (c) in other circumstances, to provide access to records under the DPA, urgently if appropriate.

|valign="top"|In Wales, forms must comply with the [[Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008]].

The Welsh Assembly Government have produced forms which are available free of charge.

'''External link'''

[http://www.wales.nhs.uk/sites3/page.cfm?orgid=816&pid=33958 Welsh forms on "HOWIS" website]

|-
!colspan=2|English forms
|-
|colspan=2|
'''Admission forms'''

*[[Media:Form A1 section 2 - application by nearest relative for admission for assessment.pdf|Form A1 section 2 - application by nearest relative for admission for assessment]]
*[[Media:Form A2 section 2 - application by an approved mental health professional for admission for assessment.pdf|Form A2 section 2 - application by an approved mental health professional for admission for assessment]]
*[[Media:Form A3 section 2 - joint medical recommendation for admission for assessment.pdf|Form A3 section 2 - joint medical recommendation for admission for assessment]]
*[[Media:Form A4 section 2 - medical recommendation for admission for assessment.pdf|Form A4 section 2 - medical recommendation for admission for assessment]]
*[[Media:Form A5 section 3 - application by nearest relative for admission for treatment.pdf|Form A5 section 3 - application by nearest relative for admission for treatment]]
*[[Media:Form A6 section 3 - application by an approved mental health professional for admission for treatment.pdf|Form A6 section 3 - application by an approved mental health professional for admission for treatment]]
*[[Media:Form A7 section 3 - joint medical recommendation for admission for treatment.pdf|Form A7 section 3 - joint medical recommendation for admission for treatment]]
*[[Media:Form A8 section 3 - medical recommendation for admission for treatment.pdf|Form A8 section 3 - medical recommendation for admission for treatment]]
*[[Media:Form A9 section 4 - emergency application by nearest relative for admission for assessment.pdf|Form A9 section 4 - emergency application by nearest relative for admission for assessment]]
*[[Media:Form A10 section 4 - emergency application by an approved mental health professional for admission for assessment.pdf|Form A10 section 4 - emergency application by an approved mental health professional for admission for assessment]]
*[[Media:Form A11 section 4 - medical recommendation for emergency admission for assessment.pdf|Form A11 section 4 - medical recommendation for emergency admission for assessment]]

'''Hospital forms'''

*[[Media:Form H1 section 5(2) - report on hospital in-patient.pdf|Form H1 section 5(2) - report on hospital in-patient]]
*[[Media:Form H2 section 5(4) - record of hospital in-patient.pdf|Form H2 section 5(4) - record of hospital in-patient]]
*[[Media:Form H3 sections 2, 3 and 4 - record of detention in hospital.pdf|Form H3 sections 2, 3 and 4 - record of detention in hospital]]
*[[Media:Form H4 section 19 - authority for transfer from one hospital to another under different managers.pdf|Form H4 section 19 - authority for transfer from one hospital to another under different managers]]
*[[Media:Form H5 section 20 - renewal of authority for detention.pdf|Form H5 section 20 - renewal of authority for detention]]
*[[Media:Form H6 section 21B - authority for detention after absence without leave for more than 28 days.pdf|Form H6 section 21B - authority for detention after absence without leave for more than 28 days]]

'''Guardianship forms'''

*[[Media:Form G1 section 7 - guardianship application by nearest relative.pdf|Form G1 section 7 - guardianship application by nearest relative]]
*[[Media:Form G2 section 7 - guardianship application by an approved mental health professional.pdf|Form G2 section 7 - guardianship application by an approved mental health professional]]
*[[Media:Form G3 section 7 - joint medical recommendation for reception into guardianship.pdf|Form G3 section 7 - joint medical recommendation for reception into guardianship]]
*[[Media:Form G4 section 7 - medical recommendation for reception into guardianship.pdf|Form G4 section 7 - medical recommendation for reception into guardianship]]
*[[Media:Form G5 section 7 - record of acceptance of guardianship application.pdf|Form G5 section 7 - record of acceptance of guardianship application]]
*[[Media:Form G6 section 19 - authority for transfer from hospital to guardianship.pdf|Form G6 section 19 - authority for transfer from hospital to guardianship]]
*[[Media:Form G7 section 19 - authority for transfer of a patient from the guardianship of one guardian to another.pdf|Form G7 section 19 - authority for transfer of a patient from the guardianship of one guardian to another]]
*[[Media:Form G8 section 19 - authority for transfer from guardianship to hospital.pdf|Form G8 section 19 - authority for transfer from guardianship to hospital]]
*[[Media:Form G9 section 20 - renewal of authority for guardianship.pdf|Form G9 section 20 - renewal of authority for guardianship]]
*[[Media:Form G10 section 21B - authority for guardianship after absence without leave for more than 28 days.pdf|Form G10 section 21B - authority for guardianship after absence without leave for more than 28 days]]

'''Miscellaneous forms'''

*[[Media:Form M1 Part 6 - date of reception of a patient in England.pdf|Form M1 Part 6 - date of reception of a patient in England]]
*[[Media:Form M2 section 25 - report barring discharge by nearest relative.pdf|Form M2 section 25 - report barring discharge by nearest relative]]

'''Treatment forms'''

*[[Media:Form T1 section 57 - certificate of consent to treatment and second opinion.pdf|Form T1 section 57 - certificate of consent to treatment and second opinion]]
*[[Media:Form T2 section 58(3)(a) - certificate of consent to treatment.pdf|Form T2 section 58(3)(a) - certificate of consent to treatment]]
*[[Media:Form T3 section 58(3)(b) - certificate of second opinion.pdf|Form T3 section 58(3)(b) - certificate of second opinion]]
*[[Media:Form T4 section 58A(3) - certificate of consent to treatment (patients at least 18 years old).pdf|Form T4 section 58A(3) - certificate of consent to treatment (patients at least 18 years old)]]
*[[Media:Form T5 section 58A(4) - certificate of consent to treatment and second opinion (patients under 18).pdf|Form T5 section 58A(4) - certificate of consent to treatment and second opinion (patients under 18)]]
*[[Media:Form T6 section 58A(5) - certificate of second opinion (patients who are not capable of understanding the nature, purpose and likely effects of the treatment).pdf|Form T6 section 58A(5) - certificate of second opinion (patients who are not capable of understanding the nature, purpose and likely effects of the treatment)]]

'''Treatment forms - CQC Word documents'''

*[[Media:Form T1 Mental Health Act 1983.doc|T1]] - Section 57 Certificate of consent to treatment and second opinion
*[[Media:Form T2 Mental Health Act 1983.doc|T2]] - Section 58 - Certificate of consent to treatment
*[[Media:Form T3 Mental Health Act 1983.doc|T3]] - Section 58(3) b) – Certificate of second opinion
*[[Media:Form T4 Mental Health Act 1983.doc|T4]] - Section 58A (3) - Certificate of consent to treatment (patients at least 18 years old)
*[[Media:Form T5 Mental Health Act 1983.doc|T5]] - Section 58A (4) – Certificate of consent to treatment and second opinion (patients under 18)
*[[Media:Form T6 Mental Health Act 1983.doc|T6]] - Section 58A (5) - certificate of second opinion (patients who are not capable of understanding the nature, purpose and likely effects of the treatment)

'''CTO forms'''

*[[Media:Form CTO1 section 17A - community treatment order.pdf|Form CTO1 section 17A - community treatment order]]
*[[Media:Form CTO2 section 17B - variation of conditions of a community treatment order.pdf|Form CTO2 section 17B - variation of conditions of a community treatment order]]
*[[Media:Form CTO3 section 17E - community treatment order - notice of recall to hospital.pdf|Form CTO3 section 17E - community treatment order - notice of recall to hospital]]
*[[Media:Form CTO4 section 17E - community treatment order - record of patient's detention in hospital after recall.pdf|Form CTO4 section 17E - community treatment order - record of patient's detention in hospital after recall]]
*[[Media:Form CTO5 section 17F(4) - revocation of community treatment order.pdf|Form CTO5 section 17F(4) - revocation of community treatment order]]
*[[Media:Form CTO6 section 17F(2) - authority for transfer of recalled community patient to a hospital under different managers.pdf|Form CTO6 section 17F(2) - authority for transfer of recalled community patient to a hospital under different managers]]
*[[Media:Form CTO7 section 20A - community treatment order - report extending the community treatment period.pdf|Form CTO7 section 20A - community treatment order - report extending the community treatment period]]
*[[Media:Form CTO8 section 21B - authority for extension of community treatment period after absence without leave for more than 28 days.pdf|Form CTO8 section 21B - authority for extension of community treatment period after absence without leave for more than 28 days]]
*[[Media:Form CTO9 Part 6 - community patients transferred to England.pdf|Form CTO9 Part 6 - community patients transferred to England]]
*[[Media:Form CTO10 section 19A - authority for assignment of responsibility for community patient to hospital under different managers.pdf|Form CTO10 section 19A - authority for assignment of responsibility for community patient to hospital under different managers]]
*[[Media:Form CTO11 section 64C(4) - certificate of appropriateness of treatment to be given to community patient (Part 4A certificate).pdf|Form CTO11 section 64C(4) - certificate of appropriateness of treatment to be given to community patient (Part 4A certificate)]]
*[[Media:Form CTO12 Mental Health Act 1983.pdf|Form CTO12 section 64C(4A) - certificate that community patient has capacity to consent (or if under 16 is competent to consent) to treatment and has done so (Part 4A consent certificate)]]
|}

[[Category:Mental Health Act 1983]]

File:Form CTO12 Mental Health Act 1983.pdf

2012-05-16T20:45:31Z

Jonathan:

R (Demetri) v South West Thames MHRT (1997) EWHC Admin 622

2012-05-13T20:56:33Z

Jonathan:

Reasons.

==Resources==

[http://www.bailii.org/ew/cases/EWHC/Admin/1997/622.html Bailii]

{{caselaw-stub}}

[[Category:Reasons]]
[[Category:No summary]]
[[Category:Transcript]]
[[Category:1997 cases]]

Updates

2012-05-12T16:59:53Z

Jonathan:

Updates

2012-05-12T16:57:08Z

Jonathan:

File:E-book 16x16.png

2012-05-11T20:04:47Z

Jonathan: uploaded a new version of "File:E-book 16x16.png"

File:Solicitors Journal - Martha Spurrier - The great safety net.pdf

2012-05-05T15:19:27Z

Jonathan:

If you have anything which is not yet on the internet (e.g. court results or transcripts) then please send it in (see [[Help|Help page]]).

==Keeping up to date==
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==Recent updates on website==
<bullet_feed title="Mental Health Law Online Update RSS" desc="What's new on the site">

*05/05/12 (15): LSC, 'Legal Aid Bill gets Royal Assent' (1/5/12). The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is due to amend the scope, eligibility and other aspects of the legal aid scheme on 1/4/13. In order to implement the changes, the Legal Services Commission will tender for new contracts for face-to-face advice and/or telephone advice in certain areas of law (not mental health or community care). The Commission will be replaced by the Legal Aid Agency, which will be an Executive Agency of the Ministry of Justice. See [[Legal Aid News]]

*05/05/12 (14): Steve Doughty, 'Father of two with motor neurone disease wins right to die by blinking his eye after judge's landmark ruling' (Daily Mail, 1/5/12). See [[Settled cases and forthcoming judgments#Re XB (advance decision, Theis J)]]

*05/05/12 (13): Criminal appeal. {{pagesummary|R v Parkins (2012) EWCA Crim 856, (2012) MHLO 50}}

*05/05/12 (12): PI quantum case. {{pagesummary|Verlander v Rahman (2012) EWHC 1026 (QB), (2012) MHLO 49}}

*05/05/12 (11): OS's costs case. {{pagesummary|Re D (Official Solicitor's costs); An NHS Trust v D (2012) EWHC 886 (COP), (2012) MHLO 48}} Transcript provided by Alex Ruck Keene of 39 Essex Street Chambers

*05/05/12 (10): PVS case. {{pagesummary|Re D; An NHS Trust v D (2012) EWHC 885 (COP), (2012) MHLO 47}} Transcript provided by Alex Ruck Keene of 39 Essex Street Chambers

*05/05/12 (9): Best interests case. {{pagesummary|LB Haringey v FG (No. 2) (2011) EWHC 3933 (COP)}} Transcript provided by Alex Ruck Keene of 39 Essex Street Chambers

*05/05/12 (8): Capacity case. {{pagesummary|LB Haringey v FG (No. 1) (2011) EWHC 3932 (COP)}} Transcript provided by Alex Ruck Keene of 39 Essex Street Chambers

*05/05/12 (7): OS's costs case. {{pagesummary|B v B (2010) EWHC 543 (Fam)}} Transcript provided by Alex Ruck Keene of 39 Essex Street Chambers

*05/05/12 (6): Simon Edwards, 'Capacity and tenancies/licences' (39 Essex Street, 19/4/12). See [[39 Essex Street COP Newsletter#May 2012]]

*05/05/12 (5): 39 Essex Street, 'Court of Protection Newsletter' (issue 21, May 2012). The cases mentioned in this issue are: B v B (2010) EWHC 543 (Fam) — LB Haringey v FG (No. 1) (2011) EWHC 3932 (COP) — LB Haringey v FG (No. 2) (2011) EWHC 3933 (COP) — Dunhill v Burgin (2012) EWCA Civ 397, (2012) MHLO 33 — Re JC; D v JC (2012) MHLO 35 (COP) — Re D; An NHS Trust v D (2012) EWHC 885 (COP), (2012) MHLO 47 — Re D (Official Solicitor's costs); An NHS Trust v D (2012) EWHC 886 (COP), (2012) MHLO 48 — Verlander v Rahman (2012) EWHC 1026 (QB), (2012) MHLO 49. See [[39 Essex Street COP Newsletter#May 2012]]

*05/05/12 (4): Rosalind English, 'Delay in transferring mental health patient for treatment amounted to "inhumane treatment"' (3/5/12). This article concludes: 'This is a prime example of using Article 3 as a social and economic right, not a basic civil right, and thus extended leaves publicly funded authorities to carry out difficult jobs with threats of litigation looming on all sides. The UK courts recognised this claim for what it was, and dismissed it. Strasbourg should have done the same.' See [[MS v UK 24527/08 (2012) ECHR 804, (2012) MHLO 46]]

*05/05/12 (3): Mental Health Cop Blog, 'MS v UK' (4/5/12). This article is in favour of the judgment and makes points in relation to (1) place of safety arguments, (2) accessing psychiatric beds, (3) media coverage, and (4) implications. See [[MS v UK 24527/08 (2012) ECHR 804, (2012) MHLO 46]]

*05/05/12 (2): ECtHR, 'Prolonged police detention of mentally-ill man without adequate medical care violated his Convention rights' (Press release ref ECHR 195 (2012), 3/5/12). This is the court's summary of the judgment. See [[MS v UK 24527/08 (2012) ECHR 804, (2012) MHLO 46]]

*05/05/12 (1): Article 3 case. {{pagesummary|MS v UK 24527/08 (2012) ECHR 804, (2012) MHLO 46}}

*28/04/12 (25): Westminster Hall debate on Litigation Friends (HC Deb, 21 March 2012, c244WH). See [[Official Solicitor]]

*28/04/12 (24): Irwin Mitchell Solicitors, 'Mother Proved Right As Son Freed From Padded Room Hell Makes Progress' (29/3/12). 'Court Anonymity Order Lifted Naming Wigan Borough Council As Local Authority Which Locked Up Her Autistic Son.' See [[Re C; C v Wigan Borough Council (2011) EWHC 1539 (Admin)]]

*28/04/12 (23): HMCTS, 'Mental Health Tribunal Stakeholder Bulletin April 2012' (17/4/12). The following are the headings: Contacting the Tribunal; Reports Processing Team; Section 2 Cases; Scanned Reports; Password protection; Notification to the Tribunal of Patient Withdrawals and RC Discharges; HQ2 Questionnaire; FTT Mental Health Policy update; Clerking; Facilities for the Hearing impaired; Olympics and Paralympics 2012 and the potential impact; Relist Team; Customer Survey; Feedback. In relation to the new forms: '''Form CNL2''' ('Case Notification Letter 2'), which from May 2012 will be sent to the representative with the RC's report, demands that the representative complete '''Form HQ2''' ('Hearing Questionnaire 2'). HQ2 asks the following questions: (1) What is the Patient seeking from the tribunal, and what are the principal areas of dispute? (2) Do you intend to call an independent expert? If so, please give details. (3) What is your hearing time estimate? (4) Would this case benefit from pre-hearing review by a tribunal judge? If so, please say why (e.g. change of status under the Act, or recent hospital transfer). (5) Are there any other matters that you feel that the panel should know in order to dispose of this matter justly, fairly and without delay? (6) Does the patient need an interpreter? If so, please give details of language and dialect. See [[Mental Health Tribunal#Tribunal member and stakeholder email bulletin]]

*28/04/12 (22): 39 Essex Street, 'Court of Protection Newsletter' (issue 20, April 2012). The cases mentioned in this issue are: Austin v UK 39692/09 [2012] ECHR 459, [2012] MHLO 22, DD v Lithuania 13469/06 [2012] ECHR 254, [2012] MHLO 29, DL v A Local Authority [2012] EWCA Civ 253, [2012] MHLO 32, Long v Rodman [2012] EWHC 347 (Ch), [2012] MHLO 12, ZH v Commissioner of Police for the Metropolis [2012] EWHC 604 (QB), [2012] MHLO 25, Seaton v Seddon [2012] EWHC 735 (Ch), [2012] MHLO 28, Coombs v Dorset NHS PCT [2012] EWHC 521 (QB), [2012] MHLO 13. Also mentioned are: CQC report on DOLS; Listing Deprivation of Liberty Safeguarding cases; COP Cases Online and all previous newsletters in one PDF document. See [[39 Essex Street COP Newsletter]]

*28/04/12 (21): LPA case. {{pagesummary|Re Drew (2012) MHLO 45 (LPA)}}

*28/04/12 (20): LPA case. {{pagesummary|Re Bloom (2012) MHLO 44 (LPA)}}

*28/04/12 (19): LPA case. {{pagesummary|Re Batchelor (2012) MHLO 43 (LPA)}}

*28/04/12 (18): CQC, 'CQC inspector dismissed for gross misconduct' (27/4/12). 'A CQC inspector has been dismissed for gross misconduct after an internal investigation revealed that the impartiality of their regulatory judgements had been seriously compromised. This came to light as a result of whistle-blowing information to the CQC. No additional detail can be provided as CQC has now referred this matter to the police.' See [[CQC]]

*28/04/12 (17): Criminal appeal. {{pagesummary|R v B (2012) EWCA Crim 770, (2012) MHLO 42}}

*28/04/12 (16): Immigration appeal with mental health aspect. {{pagesummary|R (HA (Nigeria)) v SSHD (2012) EWHC 979 (Admin), (2012) MHLO 41}}

*28/04/12 (15): Sentence appeal. {{pagesummary|R v Ahmed (2012) EWCA Crim 708, (2012) MHLO 40}}

*28/04/12 (14): Costs. {{pagesummary|R (Sutton) v Calderdale Council (2012) EWHC 637 (Admin), (2012) MHLO 39}}

*28/04/12 (13): Immigration appeal with mental health aspect. {{pagesummary|MM (Zimbabwe) v SSHD (2012) EWCA Civ 279, (2012) MHLO 38}}

*28/04/12 (12): Extradition case with mental health aspect. {{pagesummary|Republic of South Africa v Dewani (2012) EWHC 842 (Admin), (2012) MHLO 37}}

*28/04/12 (11): Southern Irish case. {{pagesummary|L v Clinical Director of St Patrick's University Hospital (2012) IEHC 15, (2012) MHLO 36}}

*28/04/12 (10): Southern Irish case from 2008. {{pagesummary|Han v President of the Circuit Court (2008) IEHC 160}}

*28/04/12 (9): HMCTS, 'T128: Options for your Tribunal Referral Hearing: Community Patients' (April 2012). This is the form which is sent to CTO patients inviting them to cancel their tribunal referral hearings. See [[Tribunal Procedure (Amendment) Rules 2012]]

*28/04/12 (8): New caselaw category. See [[:Category:Statutory will cases]]

*28/04/12 (7): Statutory will case. {{pagesummary|Re JC; D v JC (2012) MHLO 35 (COP)}} Transcript provided by Barbara Rich of 5 Stone Buildings

*28/04/12 (6): Updated guidance. HMCTS, 'Room Specification Recommendations for Tribunal Hearings' (March 2012). See [[Mental Health Tribunal]]

*28/04/12 (5): The LSC is consulting on their proposal to discontinue funding for the Specialist Support Service, as a result of conceding a judicial review of their decision to do so. The consultation runs until 11/5/12. The specialist support service for mental health is run by Scott Moncrieff Solicitors, and is available from Monday to Friday, 10am to 4pm, on 0844 800 3364. Related articles: Legal Aid Handbook Blog, 'LSC concede judicial review; specialist support reprieved' (1/3/12); Legal Aid Handbook Blog, 'Weekly round up' (1/4/12). See [[Consultations#Legal Services Commission]]

*28/04/12 (4): Sentence appeal case. {{pagesummary|R v Levey (2012) EWCA Crim 657, (2012) MHLO 34}}

*28/04/12 (3): Capacity/PI case. {{pagesummary|Dunhill v Burgin (2012) EWCA Civ 397, (2012) MHLO 33}}

*28/04/12 (2): Southern Irish case. {{pagesummary|Re JO'B; HSE v JO'B (2011) IEHC 73}}

*28/04/12 (1): Mind, 'Legal enewsletter' (Issue 11, April 2012). This newsletter contains: (1) Articles: (a) Making best interests decisions under the Mental Capacity Act 2005, (b) Listening to experience - Mind's report into acute and crisis mental healthcare, (c) The right to life under Article 2 of the ECHR, (d) The right to independent living - is it working?; (2) Case reports: (a) SSJ v RB (2011) EWCA Civ 1608, (b) Cheshire West and Chester Council v P (2011) EWCA Civ 1257, (c) O'Cathail v Transport for London (2012) EWCA Civ 92; (3) Updates: (a) Discrimination news, (b) Section 117 MHA 1983 and the Health and Social Care Bill 2012, (c) Changes to mental health tribunal rules and procedure, (d) Care Quality Commission, (e) Chartered Institute of Personnel and Development (CPID) Toolkit, (e) Proposed DVLA changes: fitness to drive, (f) Court of Protection. See [[Mind (Charity)]]

*26/04/12 (2): Turning Point, a health and social care charity, has an opportunity for a part-time Mental Health Act Administrator (22.5 hours) at a new 28-person Independent Hospital in Mastin Moor, Chesterfield. The closing date for applications is 10/5/12. See [https://turningpoint.ppsworks.co.uk/apply/index1.php?online_ref=31Dl34M6 Turning Point website] for details and to apply. See [[Jobs]]

*26/04/12 (1): New COP Practice Direction. {{pagesummary|COP Practice Direction: Preparation of Bundles}}

*25/04/12 (1): The Mental Health Lawyers Association will be running their successful two-day course for membership of the Law Society's Mental Health Accreditation Scheme (formerly the MHRT panel) in Leeds on Monday 18/6/12 and Tuesday 19/6/12. Price: £300 (members); £390 (non-members); £250 (for third and subsequent members in a group). CPD: 12 SRA-accredited hours. See MHLA website for further details and booking form. See [[Events]]

*24/04/12 (2): {{pagesummary|Health and Social Care Act 2012}}

*24/04/12 (1): {{pagesummary|Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2012}}

*19/04/12 (2): Please subscribe to Mental Health Law Online's new discussion list. This is separate from the email updates list, which remains unchanged. The discussion list will cover all aspects of mental health law in England and Wales, from the Mental Health Act 1983 and the Mental Health Tribunal, to the Mental Capacity Act 2005 and the Court of Protection. See [[Discussion]]

*19/04/12 (1): Mental Health Law Online is six years old today! Many thanks to all readers, contributors and subscribers.

*18/04/12 (2): Legal Action articles on the required content of social circumstances reports and responsible authority statements, reproduced by kind permission: (1) Christopher Curran, Malcolm Golightley and Phil Fennell, 'Social circumstances reports for mental health tribunals - Part 1' (Legal Action, June 2010); (2) Christopher Curran, Malcolm Golightley and Phil Fennell, 'Social circumstances reports for mental health tribunals - Part 1' (Legal Action, July 2010); (3) Christopher Curran, Phil Fennell and Simon Burrows, 'Responsible authority statements for mental health tribunals' (Legal Action, March 2012). See [[Tribunal Rules]]

*18/04/12 (1): David Hewitt, 'Purpose alone can no longer determine if there is a deprivation of liberty' (Solicitors Journal, 16/4/12). This article argues that the reference in the Court of Appeal decision in Cheshire West to 'purpose' as being relevant to the objective element of deprivation of liberty is not supported by the subsequent ECtHR decision in Austin. See [[Cheshire West and Chester Council v P (2011) EWCA Civ 1257]]

*10/04/12 (4): New version. {{pagesummary|Guidance Booklet: Reports for Mental Health Tribunals}}

*10/04/12 (3): Mark Hinchliffe, 'Important Notice' (29/3/12). This document describes the changes made by the [[Tribunal Procedure (Amendment) Rules 2012]] on 6/4/12. In relation to the tribunal's requirement, in CTO reference cases, for evidence from the RC about the patient's capacity to decide not to attend or be represented, it states: 'We do not see that this should present a difficulty or a conflict of interest. The Responsible Clinician, as an expert witness, has no "interest" one way or the other and, in any event, has a responsibility to assess capacity in many situations...' See [[Mental Health Tribunal#Messages from Deputy Chamber President]]

*10/04/12 (2): New Practice Direction on reports. {{pagesummary|Practice Direction: First-tier Tribunal Health Education and Social Care Chamber: Statements and Reports in Mental Health Cases}}

*10/04/12 (1): LSC, 'New Keycard 48 to be introduced from 9 April' (5/4/12). Keycard 48 reflects an increase in the standard dependants' allowances assessed for a partner or child living within the client's household; the new rates are applicable to new applications or further assessments made on or after 9 April 2012. Eligibility limits are unchanged. See [[Legal Aid News]]

*06/04/12 (1): Case (detained patient paying for treatment): transcript and neutral citation now available. {{pagesummary|Coombs v Dorset NHS PCT (2012) EWHC 521 (QB), (2012) MHLO 13}}

*05/04/12 (1): The following was asked on a discussion page on 2/4/12. 'Does anyone know: if a CTO inadvertently lapses (i.e. is not renewed by accident) does the original section 3 which the CTO was suspending come back into being? I know if you discharge someone from the CTO that discharges from the section 3. If you revoke the CTO then the Section 3 will come back into being. But if the CTO just lapses does that also mean that the Section 3 that was suspended has lapsed by default as well? I don't know the answer but if anyone does that would be really helpful. Thanks'. The answer is that when the CTO expires the s3 ceases to have effect: see [[s20B]].

*01/04/12 (1): The government have announced that from 1 April 2012, following the Court of Appeal decision in [[Cheshire West and Chester Council v P (2011) EWCA Civ 1257]] and the subsequent High Court decision in [[Re C; C v Blackburn and Darwen Borough Council (2011) EWHC 3321 (COP)]], the entire Mental Health Act 1983 will be repealed. The government spokesman, Avril Poisson, said: “Those subject to the Act lack capacity, as demonstrated by their inability to comply with voluntary inpatient treatment, and they should be treated equally to others who lack capacity. Recent case law on deprivation of liberty has shown that the relevant contrast when assessing ‘relative normality’ is not ‘the ordinary adult going about the kind of life which the able-bodied man or woman on the Clapham omnibus would normally expect to lead’ but rather ‘the kind of lives that people like X would normally expect to lead’ (Cheshire West, para 102). Periods of hospital inpatient treatment are normal, as an inevitable corollary of psychiatric disabilities: during those periods there are no realistic alternatives and no deprivation of liberty within the meaning of [[Article 5]] of the European Convention.” She said that the 29-year-old Act would be abolished with immediate effect because it is no longer fit for purpose, and that the “so-called” deprivation of liberty safeguards would also come under scrutiny. “When I use a word,” she said, in rather a scornful tone, “it means just what I choose it to mean – neither more nor less.” '''[Hope you enjoyed the April Fools' Day joke!]'''

*30/03/12 (1): The March 2012 CPD questionnaire is now online. Obtain 12 accredited CPD points for £60. See [http://www.mentalhealthlaw.co.uk/cpd/ CPD scheme]

*28/03/12 (6): CQC, 'The operation of the Deprivation of Liberty Safeguards in England, 2010/11' (March 2012). Key findings: '(1) 8,982 applications to deprive a person of their liberty were processed, of which 50 per cent were authorised. (2) Many services have developed good practice on the use of the safeguards, especially in involving people and their families in the decision-making process, but some were confused as to when restraints or restrictions on a person amounted to a deprivation of liberty. (3) Between a third and a quarter of care homes had not provided their staff with training on the safeguards, and in some cases only the manager had received training. (4) Most hospitals had held some training, but the proportion of staff involved ranged between 20-100 per cent.' See also: CQC, 'Summary: The operation of the Deprivation of Liberty Safeguards in England, 2010/11' (March 2012); Lucy Series, 'CQC's second monitoring report on the deprivation of liberty safeguards' (Small Places blog, 27/3/12). See [[CQC]]

*28/03/12 (5): LSC, 'Accreditation contribution scheme update' (28/3/12). From 2/4/12 the LSC will reduce the amount it contributes to the costs of mental health panel membership by 50% to £73.44; from 1/4/13 there will be no contribution at all. In recent weeks the Law Society's accreditation fees doubled to £500 plus VAT. See [[Legal Aid News]]

*28/03/12 (4): Case transcript. {{pagesummary|A London Borough v VT (2011) EWHC 3806 (COP)}}

*28/03/12 (3): Case transcript. {{pagesummary|EB v RC (2011) EWHC 3805 (COP)}}

*28/03/12 (2): Neutral citation available. {{pagesummary|Re JDS; KGS v JDS (2012) EWHC 302 (COP), (2012) MHLO 4}}

*28/03/12 (1): Case summary. {{pagesummary|DL v A Local Authority (2012) EWCA Civ 253, (2012) MHLO 32}}
</bullet_feed>

===Update archive===
*[[March 2012 update]]

*[[February 2012 update]]

*[[January 2012 update]]

* [[:Category:Updates|Previous updates]]

[[Category:Updates]]
[[Category:Contents]]

Court of Protection

2012-05-05T15:15:56Z

Jonathan: /* MOJ website */

The new Court of Protection was set up under the [[Mental Capacity Act 2005]]. It can make decisions on whether people have capacity in relation to particular decisions, make decisions on their behalf, appoint or remove people who make decisions on people's behalf, and make decisions relating to [[Lasting Powers of Attorney]] or [[Enduring Powers of Attorney]]. On 1/4/09 the COP administration transferred from the OPG to HMCS (now HMCTS).

==See also==
*[[Court of Protection Rules 2007]]
*[[Court of Protection Practice Directions]]
*[[Court of Protection forms]]
*[[Office of the Public Guardian]]
*[[39 Essex Street COP Newsletter]]
*[[Mental Capacity Act 2005 (Transfer Of Proceedings) Order 2007]]
*[[Civil Procedure Rules 1998]]

==Listing Deprivation of Liberty Safeguards cases==
*[[:File:Listing Deprivation of Liberty Safeguarding cases 2012.pdf|Court of Protection, 'Listing Deprivation of Liberty Safeguarding cases' (15/3/12)]]. From 15/3/12, it is no longer necessary for DOLS cases to be heard by High Court judges. The full text is as follows:

{{Text:Listing DOLS cases March 2012}}

==External resources==
===MOJ website===
*[http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/court-of-protection/index.htm MOJ website: Court of Protection page]

*[http://www.justice.gov.uk/protecting-the-vulnerable/cfo/court-of-protection MOJ website: another Court of Protection page]

*[[:File:COP-listing-policy.doc|HMCTS, 'Court of Protection: Listing Policy - information for court users' (September 2011)]]

===Judiciary website===
*[[:File:Court of Protection Report 2010.pdf|Judiciary of England and Wales, 'Court of Protection Report 2010' (July 2011)]]. The report contains the following chapters: (1) Judiciary; (2) Court administration; (3) Work of the court; (4) Review of performance; (5) Case law; and (6) Volume of business. The case law chapter summarises 28 decisions made during the year.

*[http://www.judiciary.gov.uk/publications_media/media_releases/2010/1810.htm Court of Protection: 2009 Report] - published 10/6/10 - This first report of the Court of Protection, covering the period from 1/10/07 to 31/12/09, describes the work undertaken by the court and summarises several reported decisions

*[[:File:Family-courts-media-july2011.pdf|Wolanski and Wilson, 'The Family Courts: Media Access & Reporting' (July 2011)]]. This document (a joint publication of The President of the Family Division, the Judicial College and the Society of Editors) contains information on cases in the Court of Protection and under the High Court's inherent jurisdiction

===Other links===
*[http://www.familylawweek.co.uk/site.aspx?i=ed66566 Moira Sofaer, 'The Court of Protection - continuing complaints', Family Law Week, 27/9/10]

*[[Media:COP checklists Article November 2010.pdf|Victoria Butler-Cole and Alex Ruck Keene, 'Preparing care plans, transition plans and best interests assessments for Court of Protection proceedings', 39 Essex Street, November 2009]]

*Family Law Week:

:*[http://www.familylawweek.co.uk/site.aspx?i=ed78177 Sally Bradley, 'Court of Protection Update (January 2011)' (Family Law Week, 7/1/11)]

:*[http://www.familylawweek.co.uk/site.aspx?i=ed86737 Sally Bradley, 'Court of Protection Update (October 2011)' (Family Law Week, 2/10/11)]

:*[http://www.familylawweek.co.uk/site.aspx?i=ed95121 Sally Bradley, 'Court of Protection Update (January 2012)' (Family Law Week, 18/1/12)]

*[http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Makingdecisionsforsomeoneelse/DG_176235 Directgov, 'Making an application to the Court of Protection']

*[http://thesmallplaces.blogspot.com/2011/07/access-reporting-and-judgments-in-court.html Lucy Series, 'Access, reporting and judgments in the Court of Protection' (Small Places blog, 29/7/11)]

*[http://www.guardian.co.uk/money/2011/jul/30/court-funds-claimants-tax-inflation Jan Insley, 'Court Funds claimants losing out to effects of tax and inflation' (30/7/11)]

*[[Media:Letter from COP court manager July 2011.pdf|Letter from COP Court Manager (July 2011)]] and associated [[Media:COP questionnaire July 2011.pdf|COP Questionnaire (July 2011)]]

*[http://www.guardian.co.uk/law/court-of-protection Guardian newspaper list of Court of Protection articles (automatically updated)]. Selected articles below:

:*[http://www.guardian.co.uk/law/2011/nov/06/court-of-protection-public-scrutiny Amelia Hill, 'Court of protection should be open to public scrutiny, says leading judge' (Guardian, 6/11/11)]

:*[http://www.guardian.co.uk/law/2011/nov/06/court-protection-defender-vulnerable-unjust Amelia Hill, 'The court of protection: defender of the vulnerable or shadowy and unjust?' (Guardian, 6/11/11)]

:*[http://www.guardian.co.uk/law/2011/nov/07/court-of-protection-family-rights Martin Terrell, 'Court of protection must balance needs of vulnerable with rights of family' (Guardian, 7/11/11)]

:*[[:File:David Lock - best interests.pdf|David Lock, 'Best Interest decision-making in the Court of Protection' (No 5 Chambers, 28/2/12)]]

==Related books==
{{book|copp}}

{{book|coplr}}

[[Category:Mental Capacity Act 2005 provisions]]

Updates

2012-05-05T15:14:26Z

Jonathan:

If you have anything which is not yet on the internet (e.g. court results or transcripts) then please send it in (see [[Help|Help page]]).

==Keeping up to date==
*[http://www.mentalhealthlaw.co.uk/lists/ http://www.mentalhealthlaw.co.uk/images/Email.jpg] You can now subscribe to free '''[http://www.mentalhealthlaw.co.uk/lists/ Email updates]''', on an occasional or monthly basis.
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==Recent updates on website==
<bullet_feed title="Mental Health Law Online Update RSS" desc="What's new on the site">

*05/05/12 (15): LSC, 'Legal Aid Bill gets Royal Assent' (1/5/12). The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is due to amend the scope, eligibility and other aspects of the legal aid scheme on 1/4/13. In order to implement the changes, the Legal Services Commission will tender for new contracts for face-to-face advice and/or telephone advice in certain areas of law (not mental health or community care). The Commission will be replaced by the Legal Aid Agency, which will be an Executive Agency of the Ministry of Justice. See [[Legal Aid News]]

*05/05/12 (14): Steve Doughty, 'Father of two with motor neurone disease wins right to die by blinking his eye after judge's landmark ruling' (Daily Mail, 1/5/12). See [[Settled cases and forthcoming judgments#Re XB (advance decision, Theis J)]]

*05/05/12 (13): Criminal appeal. {{pagesummary|R v Parkins (2012) EWCA Crim 856, (2012) MHLO 50}}

*05/05/12 (12): PI quantum case. {{pagesummary|Verlander v Rahman (2012) EWHC 1026 (QB), (2012) MHLO 49}}

*05/05/12 (11): OS's costs case. {{pagesummary|Re D (Official Solicitor's costs); An NHS Trust v D (2012) EWHC 886 (COP), (2012) MHLO 48}}

*05/05/12 (10): PVS case. {{pagesummary|Re D; An NHS Trust v D (2012) EWHC 885 (COP), (2012) MHLO 47}}

*05/05/12 (9): Best interests case. {{pagesummary|LB Haringey v FG (No. 2) (2011) EWHC 3933 (COP)}}

*05/05/12 (8): Capacity case. {{pagesummary|LB Haringey v FG (No. 1) (2011) EWHC 3932 (COP)}}

*05/05/12 (7): OS's costs case. {{pagesummary|B v B (2010) EWHC 543 (Fam)}}

*05/05/12 (6): Simon Edwards, 'Capacity and tenancies/licences' (39 Essex Street, 19/4/12). See [[39 Essex Street COP Newsletter#May 2012]]

*05/05/12 (5): 39 Essex Street, 'Court of Protection Newsletter' (issue 21, May 2012). The cases mentioned in this issue are: B v B (2010) EWHC 543 (Fam) — LB Haringey v FG (No. 1) (2011) EWHC 3932 (COP) — LB Haringey v FG (No. 2) (2011) EWHC 3933 (COP) — Dunhill v Burgin (2012) EWCA Civ 397, (2012) MHLO 33 — Re JC; D v JC (2012) MHLO 35 (COP) — Re D; An NHS Trust v D (2012) EWHC 885 (COP), (2012) MHLO 47 — Re D (Official Solicitor's costs); An NHS Trust v D (2012) EWHC 886 (COP), (2012) MHLO 48 — Verlander v Rahman (2012) EWHC 1026 (QB), (2012) MHLO 49. See [[39 Essex Street COP Newsletter#May 2012]]

*05/05/12 (4): Rosalind English, 'Delay in transferring mental health patient for treatment amounted to "inhumane treatment"' (3/5/12). This article concludes: 'This is a prime example of using Article 3 as a social and economic right, not a basic civil right, and thus extended leaves publicly funded authorities to carry out difficult jobs with threats of litigation looming on all sides. The UK courts recognised this claim for what it was, and dismissed it. Strasbourg should have done the same.' See [[MS v UK 24527/08 (2012) ECHR 804, (2012) MHLO 46]]

*05/05/12 (3): Mental Health Cop Blog, 'MS v UK' (4/5/12). This article is in favour of the judgment and makes points in relation to (1) place of safety arguments, (2) accessing psychiatric beds, (3) media coverage, and (4) implications. See [[MS v UK 24527/08 (2012) ECHR 804, (2012) MHLO 46]]

*05/05/12 (2): ECtHR, 'Prolonged police detention of mentally-ill man without adequate medical care violated his Convention rights' (Press release ref ECHR 195 (2012), 3/5/12). This is the court's summary of the judgment. See [[MS v UK 24527/08 (2012) ECHR 804, (2012) MHLO 46]]

*05/05/12 (1): Article 3 case. {{pagesummary|MS v UK 24527/08 (2012) ECHR 804, (2012) MHLO 46}}

*28/04/12 (25): Westminster Hall debate on Litigation Friends (HC Deb, 21 March 2012, c244WH). See [[Official Solicitor]]

*28/04/12 (24): Irwin Mitchell Solicitors, 'Mother Proved Right As Son Freed From Padded Room Hell Makes Progress' (29/3/12). 'Court Anonymity Order Lifted Naming Wigan Borough Council As Local Authority Which Locked Up Her Autistic Son.' See [[Re C; C v Wigan Borough Council (2011) EWHC 1539 (Admin)]]

*28/04/12 (23): HMCTS, 'Mental Health Tribunal Stakeholder Bulletin April 2012' (17/4/12). The following are the headings: Contacting the Tribunal; Reports Processing Team; Section 2 Cases; Scanned Reports; Password protection; Notification to the Tribunal of Patient Withdrawals and RC Discharges; HQ2 Questionnaire; FTT Mental Health Policy update; Clerking; Facilities for the Hearing impaired; Olympics and Paralympics 2012 and the potential impact; Relist Team; Customer Survey; Feedback. In relation to the new forms: '''Form CNL2''' ('Case Notification Letter 2'), which from May 2012 will be sent to the representative with the RC's report, demands that the representative complete '''Form HQ2''' ('Hearing Questionnaire 2'). HQ2 asks the following questions: (1) What is the Patient seeking from the tribunal, and what are the principal areas of dispute? (2) Do you intend to call an independent expert? If so, please give details. (3) What is your hearing time estimate? (4) Would this case benefit from pre-hearing review by a tribunal judge? If so, please say why (e.g. change of status under the Act, or recent hospital transfer). (5) Are there any other matters that you feel that the panel should know in order to dispose of this matter justly, fairly and without delay? (6) Does the patient need an interpreter? If so, please give details of language and dialect. See [[Mental Health Tribunal#Tribunal member and stakeholder email bulletin]]

*28/04/12 (22): 39 Essex Street, 'Court of Protection Newsletter' (issue 20, April 2012). The cases mentioned in this issue are: Austin v UK 39692/09 [2012] ECHR 459, [2012] MHLO 22, DD v Lithuania 13469/06 [2012] ECHR 254, [2012] MHLO 29, DL v A Local Authority [2012] EWCA Civ 253, [2012] MHLO 32, Long v Rodman [2012] EWHC 347 (Ch), [2012] MHLO 12, ZH v Commissioner of Police for the Metropolis [2012] EWHC 604 (QB), [2012] MHLO 25, Seaton v Seddon [2012] EWHC 735 (Ch), [2012] MHLO 28, Coombs v Dorset NHS PCT [2012] EWHC 521 (QB), [2012] MHLO 13. Also mentioned are: CQC report on DOLS; Listing Deprivation of Liberty Safeguarding cases; COP Cases Online and all previous newsletters in one PDF document. See [[39 Essex Street COP Newsletter]]

*28/04/12 (21): LPA case. {{pagesummary|Re Drew (2012) MHLO 45 (LPA)}}

*28/04/12 (20): LPA case. {{pagesummary|Re Bloom (2012) MHLO 44 (LPA)}}

*28/04/12 (19): LPA case. {{pagesummary|Re Batchelor (2012) MHLO 43 (LPA)}}

*28/04/12 (18): CQC, 'CQC inspector dismissed for gross misconduct' (27/4/12). 'A CQC inspector has been dismissed for gross misconduct after an internal investigation revealed that the impartiality of their regulatory judgements had been seriously compromised. This came to light as a result of whistle-blowing information to the CQC. No additional detail can be provided as CQC has now referred this matter to the police.' See [[CQC]]

*28/04/12 (17): Criminal appeal. {{pagesummary|R v B (2012) EWCA Crim 770, (2012) MHLO 42}}

*28/04/12 (16): Immigration appeal with mental health aspect. {{pagesummary|R (HA (Nigeria)) v SSHD (2012) EWHC 979 (Admin), (2012) MHLO 41}}

*28/04/12 (15): Sentence appeal. {{pagesummary|R v Ahmed (2012) EWCA Crim 708, (2012) MHLO 40}}

*28/04/12 (14): Costs. {{pagesummary|R (Sutton) v Calderdale Council (2012) EWHC 637 (Admin), (2012) MHLO 39}}

*28/04/12 (13): Immigration appeal with mental health aspect. {{pagesummary|MM (Zimbabwe) v SSHD (2012) EWCA Civ 279, (2012) MHLO 38}}

*28/04/12 (12): Extradition case with mental health aspect. {{pagesummary|Republic of South Africa v Dewani (2012) EWHC 842 (Admin), (2012) MHLO 37}}

*28/04/12 (11): Southern Irish case. {{pagesummary|L v Clinical Director of St Patrick's University Hospital (2012) IEHC 15, (2012) MHLO 36}}

*28/04/12 (10): Southern Irish case from 2008. {{pagesummary|Han v President of the Circuit Court (2008) IEHC 160}}

*28/04/12 (9): HMCTS, 'T128: Options for your Tribunal Referral Hearing: Community Patients' (April 2012). This is the form which is sent to CTO patients inviting them to cancel their tribunal referral hearings. See [[Tribunal Procedure (Amendment) Rules 2012]]

*28/04/12 (8): New caselaw category. See [[:Category:Statutory will cases]]

*28/04/12 (7): Statutory will case. {{pagesummary|Re JC; D v JC (2012) MHLO 35 (COP)}} Transcript provided by Barbara Rich of 5 Stone Buildings

*28/04/12 (6): Updated guidance. HMCTS, 'Room Specification Recommendations for Tribunal Hearings' (March 2012). See [[Mental Health Tribunal]]

*28/04/12 (5): The LSC is consulting on their proposal to discontinue funding for the Specialist Support Service, as a result of conceding a judicial review of their decision to do so. The consultation runs until 11/5/12. The specialist support service for mental health is run by Scott Moncrieff Solicitors, and is available from Monday to Friday, 10am to 4pm, on 0844 800 3364. Related articles: Legal Aid Handbook Blog, 'LSC concede judicial review; specialist support reprieved' (1/3/12); Legal Aid Handbook Blog, 'Weekly round up' (1/4/12). See [[Consultations#Legal Services Commission]]

*28/04/12 (4): Sentence appeal case. {{pagesummary|R v Levey (2012) EWCA Crim 657, (2012) MHLO 34}}

*28/04/12 (3): Capacity/PI case. {{pagesummary|Dunhill v Burgin (2012) EWCA Civ 397, (2012) MHLO 33}}

*28/04/12 (2): Southern Irish case. {{pagesummary|Re JO'B; HSE v JO'B (2011) IEHC 73}}

*28/04/12 (1): Mind, 'Legal enewsletter' (Issue 11, April 2012). This newsletter contains: (1) Articles: (a) Making best interests decisions under the Mental Capacity Act 2005, (b) Listening to experience - Mind's report into acute and crisis mental healthcare, (c) The right to life under Article 2 of the ECHR, (d) The right to independent living - is it working?; (2) Case reports: (a) SSJ v RB (2011) EWCA Civ 1608, (b) Cheshire West and Chester Council v P (2011) EWCA Civ 1257, (c) O'Cathail v Transport for London (2012) EWCA Civ 92; (3) Updates: (a) Discrimination news, (b) Section 117 MHA 1983 and the Health and Social Care Bill 2012, (c) Changes to mental health tribunal rules and procedure, (d) Care Quality Commission, (e) Chartered Institute of Personnel and Development (CPID) Toolkit, (e) Proposed DVLA changes: fitness to drive, (f) Court of Protection. See [[Mind (Charity)]]

*26/04/12 (2): Turning Point, a health and social care charity, has an opportunity for a part-time Mental Health Act Administrator (22.5 hours) at a new 28-person Independent Hospital in Mastin Moor, Chesterfield. The closing date for applications is 10/5/12. See [https://turningpoint.ppsworks.co.uk/apply/index1.php?online_ref=31Dl34M6 Turning Point website] for details and to apply. See [[Jobs]]

*26/04/12 (1): New COP Practice Direction. {{pagesummary|COP Practice Direction: Preparation of Bundles}}

*25/04/12 (1): The Mental Health Lawyers Association will be running their successful two-day course for membership of the Law Society's Mental Health Accreditation Scheme (formerly the MHRT panel) in Leeds on Monday 18/6/12 and Tuesday 19/6/12. Price: £300 (members); £390 (non-members); £250 (for third and subsequent members in a group). CPD: 12 SRA-accredited hours. See MHLA website for further details and booking form. See [[Events]]

*24/04/12 (2): {{pagesummary|Health and Social Care Act 2012}}

*24/04/12 (1): {{pagesummary|Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2012}}

*19/04/12 (2): Please subscribe to Mental Health Law Online's new discussion list. This is separate from the email updates list, which remains unchanged. The discussion list will cover all aspects of mental health law in England and Wales, from the Mental Health Act 1983 and the Mental Health Tribunal, to the Mental Capacity Act 2005 and the Court of Protection. See [[Discussion]]

*19/04/12 (1): Mental Health Law Online is six years old today! Many thanks to all readers, contributors and subscribers.

*18/04/12 (2): Legal Action articles on the required content of social circumstances reports and responsible authority statements, reproduced by kind permission: (1) Christopher Curran, Malcolm Golightley and Phil Fennell, 'Social circumstances reports for mental health tribunals - Part 1' (Legal Action, June 2010); (2) Christopher Curran, Malcolm Golightley and Phil Fennell, 'Social circumstances reports for mental health tribunals - Part 1' (Legal Action, July 2010); (3) Christopher Curran, Phil Fennell and Simon Burrows, 'Responsible authority statements for mental health tribunals' (Legal Action, March 2012). See [[Tribunal Rules]]

*18/04/12 (1): David Hewitt, 'Purpose alone can no longer determine if there is a deprivation of liberty' (Solicitors Journal, 16/4/12). This article argues that the reference in the Court of Appeal decision in Cheshire West to 'purpose' as being relevant to the objective element of deprivation of liberty is not supported by the subsequent ECtHR decision in Austin. See [[Cheshire West and Chester Council v P (2011) EWCA Civ 1257]]

*10/04/12 (4): New version. {{pagesummary|Guidance Booklet: Reports for Mental Health Tribunals}}

*10/04/12 (3): Mark Hinchliffe, 'Important Notice' (29/3/12). This document describes the changes made by the [[Tribunal Procedure (Amendment) Rules 2012]] on 6/4/12. In relation to the tribunal's requirement, in CTO reference cases, for evidence from the RC about the patient's capacity to decide not to attend or be represented, it states: 'We do not see that this should present a difficulty or a conflict of interest. The Responsible Clinician, as an expert witness, has no "interest" one way or the other and, in any event, has a responsibility to assess capacity in many situations...' See [[Mental Health Tribunal#Messages from Deputy Chamber President]]

*10/04/12 (2): New Practice Direction on reports. {{pagesummary|Practice Direction: First-tier Tribunal Health Education and Social Care Chamber: Statements and Reports in Mental Health Cases}}

*10/04/12 (1): LSC, 'New Keycard 48 to be introduced from 9 April' (5/4/12). Keycard 48 reflects an increase in the standard dependants' allowances assessed for a partner or child living within the client's household; the new rates are applicable to new applications or further assessments made on or after 9 April 2012. Eligibility limits are unchanged. See [[Legal Aid News]]

*06/04/12 (1): Case (detained patient paying for treatment): transcript and neutral citation now available. {{pagesummary|Coombs v Dorset NHS PCT (2012) EWHC 521 (QB), (2012) MHLO 13}}

*05/04/12 (1): The following was asked on a discussion page on 2/4/12. 'Does anyone know: if a CTO inadvertently lapses (i.e. is not renewed by accident) does the original section 3 which the CTO was suspending come back into being? I know if you discharge someone from the CTO that discharges from the section 3. If you revoke the CTO then the Section 3 will come back into being. But if the CTO just lapses does that also mean that the Section 3 that was suspended has lapsed by default as well? I don't know the answer but if anyone does that would be really helpful. Thanks'. The answer is that when the CTO expires the s3 ceases to have effect: see [[s20B]].

*01/04/12 (1): The government have announced that from 1 April 2012, following the Court of Appeal decision in [[Cheshire West and Chester Council v P (2011) EWCA Civ 1257]] and the subsequent High Court decision in [[Re C; C v Blackburn and Darwen Borough Council (2011) EWHC 3321 (COP)]], the entire Mental Health Act 1983 will be repealed. The government spokesman, Avril Poisson, said: “Those subject to the Act lack capacity, as demonstrated by their inability to comply with voluntary inpatient treatment, and they should be treated equally to others who lack capacity. Recent case law on deprivation of liberty has shown that the relevant contrast when assessing ‘relative normality’ is not ‘the ordinary adult going about the kind of life which the able-bodied man or woman on the Clapham omnibus would normally expect to lead’ but rather ‘the kind of lives that people like X would normally expect to lead’ (Cheshire West, para 102). Periods of hospital inpatient treatment are normal, as an inevitable corollary of psychiatric disabilities: during those periods there are no realistic alternatives and no deprivation of liberty within the meaning of [[Article 5]] of the European Convention.” She said that the 29-year-old Act would be abolished with immediate effect because it is no longer fit for purpose, and that the “so-called” deprivation of liberty safeguards would also come under scrutiny. “When I use a word,” she said, in rather a scornful tone, “it means just what I choose it to mean – neither more nor less.” '''[Hope you enjoyed the April Fools' Day joke!]'''

*30/03/12 (1): The March 2012 CPD questionnaire is now online. Obtain 12 accredited CPD points for £60. See [http://www.mentalhealthlaw.co.uk/cpd/ CPD scheme]

*28/03/12 (6): CQC, 'The operation of the Deprivation of Liberty Safeguards in England, 2010/11' (March 2012). Key findings: '(1) 8,982 applications to deprive a person of their liberty were processed, of which 50 per cent were authorised. (2) Many services have developed good practice on the use of the safeguards, especially in involving people and their families in the decision-making process, but some were confused as to when restraints or restrictions on a person amounted to a deprivation of liberty. (3) Between a third and a quarter of care homes had not provided their staff with training on the safeguards, and in some cases only the manager had received training. (4) Most hospitals had held some training, but the proportion of staff involved ranged between 20-100 per cent.' See also: CQC, 'Summary: The operation of the Deprivation of Liberty Safeguards in England, 2010/11' (March 2012); Lucy Series, 'CQC's second monitoring report on the deprivation of liberty safeguards' (Small Places blog, 27/3/12). See [[CQC]]

*28/03/12 (5): LSC, 'Accreditation contribution scheme update' (28/3/12). From 2/4/12 the LSC will reduce the amount it contributes to the costs of mental health panel membership by 50% to £73.44; from 1/4/13 there will be no contribution at all. In recent weeks the Law Society's accreditation fees doubled to £500 plus VAT. See [[Legal Aid News]]

*28/03/12 (4): Case transcript. {{pagesummary|A London Borough v VT (2011) EWHC 3806 (COP)}}

*28/03/12 (3): Case transcript. {{pagesummary|EB v RC (2011) EWHC 3805 (COP)}}

*28/03/12 (2): Neutral citation available. {{pagesummary|Re JDS; KGS v JDS (2012) EWHC 302 (COP), (2012) MHLO 4}}

*28/03/12 (1): Case summary. {{pagesummary|DL v A Local Authority (2012) EWCA Civ 253, (2012) MHLO 32}}
</bullet_feed>

===Update archive===
*[[March 2012 update]]

*[[February 2012 update]]

*[[January 2012 update]]

* [[:Category:Updates|Previous updates]]

[[Category:Updates]]
[[Category:Contents]]

Legal Aid News

2012-05-05T15:13:22Z

Jonathan:

Some of the sources for the following news items are listed below - check them for updates not listed on this site.
*[http://www.legalservices.gov.uk/civil/cls_news.asp CLS News]
*[http://www.legalservices.gov.uk/civil/tendering/mental_health.asp Mental health tendering pages]
*[http://www.legalservices.gov.uk/civil/tendering/civil_contracts_for_2010.asp Civil contracts for 2010]
*[http://www.legalservices.gov.uk/civil/8758.asp 2010 Standard Civil Contract]

For further details, see [[Legal Aid]].

News items:

*05/05/12: [http://www.legalservices.gov.uk/civil/cls_news_13713.asp?page=1 LSC, 'Legal Aid Bill gets Royal Assent' (1/5/12)]. The [[Legal Aid, Sentencing and Punishment of Offenders Act 2012]] is due to amend the scope, eligibility and other aspects of the legal aid scheme on 1/4/13. In order to implement the changes, the Legal Services Commission will tender for new contracts for face-to-face advice and/or telephone advice in certain areas of law (not mental health or community care). The Commission will be replaced by the Legal Aid Agency, which will be an Executive Agency of the Ministry of Justice.

*10/04/12: [http://www.legalservices.gov.uk/civil/cls_news_13658.asp?page=1 LSC, 'New Keycard 48 to be introduced from 9 April' (5/4/12)]. [[:File:LSC Keycard 48.pdf|Keycard 48]] reflects an increase in the standard dependants' allowances assessed for a partner or child living within the client's household; the new rates are applicable to new applications or further assessments made on or after 9 April 2012. Eligibility limits are unchanged.

*28/03/12: [http://www.legalservices.gov.uk/civil/cls_news_13631.asp?page=1 LSC, 'Accreditation contribution scheme update' (28/3/12)]. From 2/4/12 the LSC will reduce the amount it contributes to the costs of mental health panel membership by 50% to £73.44; from 1/4/13 there will be no contribution at all. In recent weeks the Law Society's accreditation fees doubled to £500 plus VAT.

*05/03/12: [[:File:LSC-Headline-approach-to-future-tenders Feb2012.pdf|LSC, 'Headline intentions for future tenders' (February 2012)]]. The main points are: (1) To implement scope changes in April 2013, the LSC plans to tender for face-to-face contracts over the next year in the following areas: Family; Asylum (including residual non-asylum work); Housing and Debt; Housing Possession Court Duty Schemes. (2) Existing contracts will amended, not terminated, in the following areas: Community Care; Mental Health; Actions Against the Police; Public Law. (3) Contracts for categories being removed from scope will be terminated. (4) Crime contracts will not be re-tendered before 2015. (5) A tender exercise for mediation work will be carried out to increase provision. (6) The telephone gateway (operator service and specialist telephone advice) plans, which are set out in detail, apply to community care but not mental health. (7) All supervisors in Public Law Children work may have to be Children Panel members, but there are no other changes to accreditation planned. (8) All providers must hold either SQM or Lexcel.

*05/03/12: [[:File:LSC Liverpool Law Society speech Feb 2012.pdf|Sir Bill Callaghan, LSC Chairman, 'The Future of Legal Aid' (Speech to Liverpool Law Society, 8/2/12)]]. This speech suggested that the matter-start system will be abolished in the next contract: 'The ongoing administration of new matter start allocations is now attracting particular attention because it takes a great deal of effort for both providers and LSC staff. The removal of a fixed allocation of new matter starts is one idea that has been put to us by representative bodies. Fixed allocations mean that more popular providers often run out of work and are refused an increase while other providers in the area have unused matter starts. A more open competition at client level would be one way of dealing with this issue and we think it should improve the quality of provision and client care. What we’re talking about here is licensing civil contract work rather than simply allocating a fixed number of new matter starts. There is still a lot discussion to be had about the detail of how this will work. But we envisage introducing this approach in April 2013 at the same time as the LSC is abolished and the new Executive Agency takes over.'

*05/03/12: [http://legalaidhandbook.com/2012/03/01/lsc-concede-judicial-review/ Legal Aid Handbook, 'LSC concede judicial review; specialist support reprieved' (1/3/12)]. The LSC conceded a JR claim brought by the Public Law Project of the decision, made without consultation, to abolish the specialist support service. Instead of the contracts expiring in March 2012 they will be extended until 30/6/12 pending a consultation process. The mental health specialist support service, run by Scott Moncrieff Solicitors, can be called on 0844 800 3364 from Monday to Friday 10am to 4pm.

*05/01/12: [http://www.legalservices.gov.uk/civil/forms/civilformspreviewfeb12.asp LSC, 'Civil forms preview - February 2012' (5/1/12)]. A new CW1&2(MH) form becomes mandatory on 1/2/12. Other changed civil/family forms are : CW1, CW2(IMM), CLSMEANS1 & CK3, CLSAPP3, CLSAPP5, CLSAPP8, CLSAPP8A, CLSCLAIM1A Guidance & CLSCLAIM5A Guidance. Old versions signed and dated on or before 1/2/12 will be accepted until 29/2/12.

*31/12/11: [[:File:Civil Cost Limit Changes 12 Dec 2011.pdf|LSC, 'Revised cost limitations on civil legal aid certificates' (12/12/11)]]. These changes have been made as a result of the 10% fee reduction.

*20/11/11: Hansard HL Deb, 26 October 2011, col 831. This is the transcript of a debate in the House of Lords on a motion to annul the Community Legal Service (Funding) (Amendment No.2) Order 2011 (the order which reduces civil fee rates by 10%); following the debate the motion was withdrawn. See [[Community Legal Service (Funding) (Amendment No.2) Order 2011]]

*10/11/11: [http://www.legalservices.gov.uk/civil/cls_news_13208.asp LSC, 'New prior authority form to instruct civil legal aid experts' (CLS News, 9/11/11)]. New form APP8A introduced, together with guidance document.

*29/09/11: [http://www.legalservices.gov.uk/civil/forms/oct_civil_forms_preview.asp October civil forms preview]. From 3/10/11 the following forms change (not all are directly related to mental health law): Means1; Means1 'The guide' and CLSCK3; Means7; CLAIM1, 1A, 2, 5, 5A; CLAIM1 & CLAIM2 checklists; CW1; ECClaim 1 (IMM) and (MH); TFF.

*27/07/11: [[:File:LSC Statement on Devolved Powers 31 Jul 2011.pdf|Legal Services Commission, 'Devolved powers in judicial review cases under the 2010 contract' (dated 31/7/11, published 27/7/11)]]. The interim position has been extended to 31/1/12: devolved powers in JR cases may be exercised if a provider (a) has a contract in public law or the relevant category of law and (b) had such devolved powers under the previous contract.

*27/07/11: [http://www.legalservices.gov.uk/civil/cls_news_12872.asp LSC, 'CLS News: Emergency certificates now run for eight weeks – but check eligibility evidence and scope' (21/7/11)]. Emergency certificates granted from 1/5/11 will remain in force for eight weeks

*23/07/11: [http://www.legalservices.gov.uk/civil/cls_news_12858.asp?page=1 LSC, 'CLS News: Mental health legal services: your views on equality impact assessment' (21/7/11)]. This is a reminder that the deadline for submitting views on the options for next steps following the equality impact assessment on the high secure hospital contracts is 29/7/11.

*20/7/11: [http://www.legalservices.gov.uk/civil/cls_news_12802.asp?page=1 LSC, 'CLS News: Mental health legal services: equality impact assessment published' (4/7/11)], relating to [[:File:Equality Impact Assessment of High Security Hospitals v1.0 010711.pdf|LSC, 'Equality Impact Assessment of exclusive mental health legal services contracts in High Security Hospitals' (4/7/11)]]. The LSC have concluded that there is no need for immediate change but have set out possible options for the future: (1) no change (the recommended option); (2) Exceptional circumstances to allow clients to retain their provider; (3) Individual arrangements at each hospital; (4) Wider choice of provider (e.g. 10) at each hospital through additional tender or extending number of 2010 contracts; (5) Wider choice of provider (e.g. 10) at each hospital through additional tender or extending number of 2010 contracts. Views on the decision and options are sought by 29/7/11.

*22/06/11: [http://www.legalservices.gov.uk/civil/cls_news_12792.asp?page=1 CLS News, 'Legal aid reform: consultation response and Bill published' (21/6/11)]. This news item contains links to the consultation response and the [[Legal Aid, Sentencing and Punishment of Offenders Bill 2011]], and notes that the Bill, in addition to reducing scope, eligibility and fees, will close the LSC and replace it with an executive agency of the MOJ.

*22/06/11: [http://www.legalservices.gov.uk/civil/legal_aid_reform.asp LSC, 'Summary of changes to be implemented on 3 Oct 2011' (21/6/11)]. The 10% reduction, and other fee changes, will be implemented on 3/10/11.

*12/06/11: Between May 2010 and May 2011, the LSC spent £7,196,813 on redundancies: a total of 94 people have so far been made redundant. The figures do not include those who left through other means, such as early retirement, the end of a secondment from another organisation, mutual terminations or compromise agreements. See [http://www.legalservices.gov.uk/docs/access_to_information/FOI_5291_FINAL_Redacted_for_publication.pdf LSC, 'Re Your Freedom of Information (FOI) Act request' (letter, 2/6/11)].

*09/04/11: [http://www.legalservices.gov.uk/civil/forms/preview_may_2011.asp LSC, 'Forms preview May 2011' (8/4/11)]. The following will change: CLASAPP3, CLSPP5, CLSCLAIM1, CLSCLAIM1A, CLSCLAIM1A Guidance, CLSCLAIM2, CLSCLAIM5A, CLSCLAIM5A Guidance, CW1 Public Law. They are mandatory from 9/5/11 and must not be used before then. Old forms (signed before 9/5/11) will be accepted until 3/6/11.

*09/04/11: [[:File:LSC Keycard 47.pdf|Legal Services Commission, 'Community Legal Services: Keycard No 47' (April 2011)]]. This document is helpful if working out financial eligibility for Legal Help. The changes in this edition are that: (1) references to LSC Manual 2F are changed to 2E; (2) dependents' allowances are increased. In force 11/4/11.

*30/03/11: On 28/3/11, the [[Media:LSC s49A letter 28-3-11.pdf|LSC emailed mental health firms]] with [[Media:LSC s49A questionnaire March 2011.rtf|a questionnaire]] to comply with the judgment in [[Public Interest Lawyers v LSC (2010) EWHC 3277 (Admin)]]. The questions are worded in the hope of avoiding having to make any changes; nonetheless, responses are encouraged and should be emailed to the LSC by 8/4/11. The LSC will then publish a disability impact assessment by 30/4/11. At the same time it will publish the mitigating steps it plans to make (if any), consult on them until 15/6/11, and implement them on 1/7/11.

*30/03/11: [[:File:Justice_Committee_report_on_Legal_Aid_March_2011.pdf|House of Commons Justice Committee, 'Government's proposed reform of legal aid' (Third Report of Session 2010–11, Volume I, dated 29/3/11, published 30/3/11)]]. This document, among other things, contains interesting information about volume of work and expenditure on mental health Legal Aid over the last six years (Tables 1 and 4, and para 21).

*26/03/11: [[:File:OS response to Legal Aid Consultation Feb 2011.doc|Official Solicitor, 'Proposals for the reform of Legal Aid in England and Wales: Ministry of Justice consultation paper CP 12/10: Response of the Official Solicitor to the Senior Courts' (10/2/11)]].

*26/03/11: [http://www.legalservices.gov.uk/civil/cls_news_12473.asp?page=1 LSC, 'Bank statements needed for funding applications' (CLS News, 3/2/11)]. All MEANS1 forms dated on or after 15/12/10 must be accompanied by bank statements covering the last three months for each account held by the client or his partner. From 14/3/11 the LSC will reject all non-emergency applications in breach of this requirement.

*25/03/11: [http://www.legalservices.gov.uk/civil/cls_news_12576.asp?page=1 LSC, 'Community Legal Advice and LSC websites – latest news' (CLS News, 23/3/11)]. The CLA (Community Legal Advice) and LSRC (Legal Services Research Centre, the independent research division of the LSC) websites will be closed and their content moved to the justice.gov.uk and direct.gov.uk websites on 6/4/11. The LSC website will be incorporated into the justice.gov.uk website later in 2011.

*23/03/11: The Law Society published a news item entitled [http://www.lawsociety.org.uk/newsandevents/news/view=newsarticle.law?NEWSID=435191 'Society criticises mental health consultation delays'] today. Because of the LSC's plan to dilly-dally over the disability impact assessment and consultation on contract changes following [[Public Interest Lawyers v LSC (2010) EWHC 3277 (Admin)]], 'clients will be forced into the very situation that the impact assessment is meant to be considering and potentially preventing'; if the provisions for urgent amendments were used then changes could be implemented by early April instead of the end of June as planned.

*23/03/11: On 20/2/11 the LSC published an [[:File:LSC SHA provider list.pdf|updated tender outcome document for the SHA procurement areas]].

*24/02/11: On 24/2/11 the LSC published a [http://www.legalservices.gov.uk/civil/forms/preview_oct_2010.asp 'forms preview'] for the April 2011 changes to their forms. There are very minor changes to Checklist (CK3), and changes to the following forms which do not relate to mental health law: CW2 (IMM), CW3A, CW3B, CW3C.

*07/01/11: 0n 22/12/10 the LSC published revised Key Performance Indicators which are enforceable under the 2010 Civil Contract. The three KPI aims are (1) quality, (2) access, and (3) cost. The following KPIs apply to mental health: KPI 2A: 'Assessment reductions to be no more than 10% (exceptional cases)', KPI 2B: 'Assessment reductions to be no more than 15% (licensed work)', KPI 2D: 'Fixed Fee Margin 20%', KPI 3: 'NMS usage - providers must use either the minimum contract allocation or at least 85% of their current allocation' (whichever is the greater). The following KPIs do not apply to mental health: KPI 1A: 'Substantive Benefit: Legal Help', KPI 1B: 'Substantive Benefit: CLR and Licensed Work', KPI 1C: 'Post-investigation of proceedings', KPI 1D: 'ADR to be proposed/accepted in no less than 10% of a providers civil representation cases where appropriate', KPI 2C: 'Damages vs. Costs: Damages to be 2:1 the level of costs (net of any costs recovered)'. See the [http://www.legalservices.gov.uk/civil/cls_news_12320.asp?page=1 CLS news item], the [[:File:Civil KPIs revised December 2010.pdf|guidance document]] and the [[:File:Civil Provider KPIs 2010 - KPIs Applicable by Category v4.pdf|summary chart]].

*19/12/10: On 17/12/10 the LSC published details of the outcomes of each of the main civil tender processes, including for the mental health [[:File:LSC SHA provider list.pdf|SHA tender]] and [[:File:LSC HSH provider list.pdf|HSH tender]]. These documents list each firm and the number of matter starts awarded to them, sorted by procurement area; the lists may change as contract validation is still ongoing and some contracts are yet to be issued. The five firms for Ashworth are: Peter Edwards Law (125 matter starts), Duncan Lewis & Co (108), Jackson & Canter LLP (30), RMNJ Solicitors (30), Swain & Co (30). The five firms for Broadmoor are: Scott-Moncrieff, Harbour & Sinclair (120), Blavo & Co (94), Burke Niazi Solicitors (40), Gledhill Solicitors (30), Wolton and Co (30). The six firms for Rampton are: Scott-Moncrieff, Harbour & Sinclair (110), Cartwright King (96), Switalskis (75), Burke Niazi Solicitors (40), Donovan Newton Solicitors (30), Peter Edwards Law (30). Using totals across SHA procurement areas, the largest firms in the SHA tender are: Duncan Lewis & Co (3262), Blavo & Co Solicitors (2910), CMHT Solicitors (1305), Cartwright King (1155), Switalskis (860), Peters & Co (804), Guile Nicholas (759), Dozie & Co (732), Peter Edwards Law Ltd (710), Andrew Markham & Co (702), Scott-Moncrieff Harbour & Sinclair (653), Burke Niazi Solicitors (606), Thaliwal Bridge (581), Corper Solicitors (519), RMNJ Solicitors (506).

*16/12/10: [[:File:LSC civil tenders update Dec 2010.pdf|LSC, 'Civil Tenders Update', 13/12/10]]. In relation to the mental health JR it is stated that 'In the Public Interest Lawyers case, a wide range of challenges were made relating to the Mental Health and Public Law tenders. The majority of grounds of challenge were abandoned before the final hearing and others apart from one were rejected by the court.' This is misleading: the LSC lost both on verification and the general disability equality duty. Apparently most of the remaining challenges arising out of the 2010 tender process relate to individual tender or appeal decisions and are therefore unlikely to affect other contracts.

*09/12/10: LSC news item [http://www.legalservices.gov.uk/civil/cls_news_12226.asp?page=1 'Civil legal aid, bank statements and wage slips'] published on 7/12/10. A reminder that in some circumstances, bank statements and wage slips are required for Legal Representation.

*03/12/10: The LSC published their [[:File:LSC Annual Report 2009-10.pdf|Annual Report and Accounts for 2009-10]] on 30/11/10.

*24/11/10: CLS News item 23/11/10: [http://www.legalservices.gov.uk/civil/cls_news_12207.asp?page=1 New LSC forms mandatory from 15 November] - A reminder that new versions of the following must be used: CLS APP1, CLS APP6, CLSAPP7, CLS APP8, CLS MEANS 1, 1A, 1B, 1C, CLS MEANS 2, CLS MEANS 3, CLS MEANS 4, CLS MEANS 5, Means Guidance & Checklist (CK3), CLS POA1, CW1, CW1&2 (MH), CW2 (IMM), CW Counsel (MH), CW3A, 3B & 3C, Civil Codes Guidance & Guidance for Reporting Controlled Work; some crime forms have also changed.

*24/11/10: Legal Aid was mentioned in Parliament on 7/9/10 in response to the [http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm100907/text/100907w0005.htm written question]: 'To ask the Secretary of State for Justice what assessment his Department has made of the adequacy of the level of funding for legal aid for cases relating to mental health legislation compared to that for other legal sectors.' The minister replied that Legal Aid for MHT work is not means-tested, that in order to ensure that demand is met 1,500 more new matter starts will be allocated for 2010-11 than in 2009-10, that the mental health contract tenders were carried out on a non-competitive basis, and that the number of applicants who have been provisionally offered a contract closely matches the number of existing providers. He ignored the high secure tender which was competitive, and which reduced the number of suppliers from 98 to 9 (source: presentation at MHLA conference, 19/11/10). In the general tender there were 288 successful applicants, including 68 new entrants (34 of which are in London) (source: [[:File:LSC 100617 Statement on MH Awards FINALv2.0.pdf|LSC, 'Statement on Mental Health Awards', 17/6/10]]; ''figures corrected 29/11/10''). A broadly similar answer was given to a [http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm101028/text/101028w0004.htm written question] on 28/10/10.

*22/11/10: On 21/10/10 version 8 of [[:File:LSC RMManual FinalDraftCopy version8.pdf|'RM Assurance Process: Guidance for RM Visits']] was published. See August news item below for information.

*17/11/10: On 15/11/10 the LSC published '[[:File:Devolved Powers in Judicial Review cases under the 2010 Contract.pdf|Devolved Powers in Judicial Review cases under the 2010 Contract]]'. Mental health firms who had 2007 contracts can continue to exercise devolved powers for mental health judicial reviews, but from 1/4/11 this will only be possible if the power has specifically been granted. The LSC will be consulting on criteria for awarding the power to exercise devolved powers.

*13/11/10: On 12/11/10 the LSC published [[:File:LSC Forms Version List October 2010.pdf|Forms Version List October 2010]] (including forms for 15/11/10 onwards).

*11/11/10: [http://www.legalservices.gov.uk/civil/cls_news_12142.asp?page=1 CLS News: Financial eligibility - changes to evidence rules from 15 November] - 11/11/10 - Wage slips and bank statements must accompany form CLS MEANS1 where appropriate

*11/11/10: [http://www.legalservices.gov.uk/civil/cls_news_12144.asp?page=1 CLS News: 2010 Standard Civil Contract documentation now sent out] - 11/11/10

*11/11/10: [http://www.legalservices.gov.uk/civil/cls_news_12138.asp?page=1 CLS News: New home for LSC websites] - 10/11/10 - All information on Legal Aid websites will be moved to either the MoJ or Directgov website by March 2011

*11/11/10: [http://www.lawgazette.co.uk/news/new-high-court-challenge-legal-aid-contracts-fails Catherine Baksi, 'New legal aid court challenge set to proceed', Law Society Gazette 8/11/10] - The claimants, who challenged the selection criteria for the high-secure-hospital contract and the verification process for both contracts, failed to obtain injunction delaying implementation of mental health contracts but obtained protective costs order set at £100,000.

*11/11/10: [http://www.legalservices.gov.uk/docs/civil_contracting/101104_Guidance_on_Completing_Supervisor_Self_Declaration_Forms_v4.pdf Guidance on Completing Civil Supervisor Self Declaration Forms] - filename dated 4/11/10, document dated 5/11/10, published 8/11/10, marked version 4

*11/11/10: [http://www.legalservices.gov.uk/docs/forms/Where_Work_Is_Processed_Nov10.pdf Where work is processed] - updated November 2010

*02/11/10: The LSC have refused permission for publication of correspondence clarifying their August 2010 newsletter statement on Level 1/2 fees: 'The only official guidance that can be published is the specification and the principles of MH document'. Further guidance on Level 1/2 fees may be included in an update to the 'Principles' document. You will each need individually to ask the LSC whether or not the newsletter is compatible with the official guidance (it is not: see news item of 7/10/10).

*27/10/10: [http://www.legalservices.gov.uk/civil/cls_news_12103.asp?page=1 CLS News: LSC will not appeal the Law Society judicial review judgment]

*20/10/10: [http://www.legalservices.gov.uk/civil/forms/preview_oct_2010.asp New civil Legal Aid forms] - updated 18/10/10 - These forms are mandatory from 15/11/10 and may not be used before that date. The following have new versions: CLS APP1, 6, 7, 8; CLS MEANS1, 1A, 1B, 1C, 2, 3, 4, & 5; Means Guidance & Checklist (CK3); CLS POA1; CW1, CW1&2 (MH), CW2 (IMM), CW Counsel (MH), CW3A, 3B & 3C; Civil Codes Guidance & Guidance for Reporting Controlled Work.

*18/10/10: [http://www.legalservices.gov.uk/civil/cls_news_12060.asp?page=1 CLS News: Important update on civil contracts] - 13/10/10 - Confirmation that all non-family legal aid contracts and family mediation contracts will start on 15/11/10.

*07/10/10: The LSC has resiled from the position in the August 2010 newsletter that Level 2 cannot be claimed on the day of first attendance even where the solicitor makes the Tribunal application on the day or the client has previously made an application. The division between Level 1 and 2 must be clearly evidenced on the file. Permission is currently being obtained from the LSC Policy Team to publish the relevant email here.

*[http://www.lawsociety.org.uk/newsandevents/news/view=newsarticle.law?NEWSID=430927 Law Society: Q&A: judicial review outcome] - 5/10/10 - Including "11. Will the Law Society now be challenging the LSC's other legal aid tender procedures? We are reviewing the position in respect of the other tenders in the light of the Divisional Court's judgment. However, the issues in the other areas are somewhat different from the position in family legal aid. The key issue for the Divisional Court was the way in which the LSC applied the selection criterion relating to accreditation, and the fact that this arbitrarily and unfairly excluded firms that had not had opportunity to become accredited in order to show that they were in fact as qualified to undertake the work as the winners. Moreover, the court recorded that the number of firms excluded was out of all proportion to the number that was expected by the LSC, and that this drastic reduction in the number of providers was inconsistent with the LSC's strategic aims and statutory duties. This combination of factors was unique to the family tender. The fact that we have succeeded in this one challenge does not therefore mean that we would necessarily do so in other fields."

*[http://www.legalservices.gov.uk/docs/civil_contracting/UnifiedContractExtensionGuidance.pdf Unified Contract Extension Guidance] - 20/9/10 - This guidance explains the one-month extension to civil legal aid contracts

*[http://www.legalservices.gov.uk/civil/cls_news_11982.asp?page=1 CLS News: Law Society Judicial Review of family tender] - 6/9/10 - Current contracts will now expire on Sunday 14/11/10; new contracts will commence on 15/11/10; current contact holders will receive an additional 1/12 of their matter start allocation.

*[http://www.legalservices.gov.uk/docs/civil_contracting/Civil_2010_Contracts_Verification_FAQ_v6_1_September_2010.pdf Version 6 of Civil Contract 2010 Verification: Frequently Asked Questions] - 1/9/10 - This version corrects a previously incorrect answer to question 3.2 (I am concerned that I will not be able to deliver all the matter starts that I have been allocated, what should I do?) The answer in version 2 was: "If you are in any doubt as to whether you can deliver all your matter starts, please contact us through the message board and let us know how many you would like. We will then adjust your total. It is important that you receive the right allocation at the start of the contract." The current answer is: "You will be required to deliver both the volume and breadth of services for which you have successfully tendered and been allocated matter starts in accordance with your bid and ranking (if applicable to your tender). However, as part of the verification process the LSC is giving successful applicants who are concerned that they will not be able to deliver the volume allocated to them an opportunity to review their allocation and request a reduction. Where such requests are received we will consider the implications for the procurement area with a view to reallocating any surplus matter starts to other providers in accordance with the allocation process set out in the IFA."

*[http://www.legalservices.gov.uk/civil/cls_news_11835.asp CLS News: Update on accreditation contribution scheme] - 18/8/10 - From 14/10/10 the LSC will only pay £146.88 towards accreditation and re-accreditation to the Law Society Mental Health panel (these figures are from a document not on the LSC website). The rationale is that this is 50% of the cost.

*[http://www.legalservices.gov.uk/docs/civil_contracting/Civil_2010_Contracts_Verification_FAQ_v2_23_August_2010.pdf Civil Contract 2010 Verification: Frequently Asked Questions] - published on 23/8/10

*[[Media:LSC newsletter August 2010.pdf|LSC Mental Health Newsletter August 2010]] - 13/8/10 - This Legal Services Commission newsletter contains information under the following headings: (1) Running record of costs; (2) Level 1 rates; (3) Application turnaround; (4) Application for prior authorities. It is stated that "If your client has applied to the Tribunal before your initial attendance, then all work undertaken on the date you first attend with the client is deemed to be level 1 and must be claimed at Legal Help rates" but this is inconsistent with specification paragraphs 12.18-12.20 and Principles document paragraph 2. The small print contains the following gem: "The views expressed in this publication may not be the views of the Legal Services Commission."

*[http://www.legalservices.gov.uk/civil/tendering/mental_health.asp LSC Tendering process news] - 12/8/10 - "The appeals process for Mental Health services for Strategic Health Authorities is now complete. Assessment of tenders for work at High Security Hospitals is ongoing and we will notify applicants of the outcome of this tender week beginning 16 August".

*[http://www.legalservices.gov.uk/civil/cls_news_11779.asp?page=1 CLS News: Financial stewardship visits – guidance published] - 5/8/10 - This is a draft version (marked "version 5" and "first edition" and dated April 2010) of the manual used by "relationship" managers for their "financial stewardship visits". The areas dealt with are: (1) Obtaining and retaining evidence of means (civil only); (2) Case splitting and duplicate claiming (civil only); (3) Family level 1 and 2 fees; (4) Evaluating publicly-funded WIP (civil only); (5) Management of certificated payments on account; and (6) Validation of tolerance claims. It discusses how visits are organised and potential outcomes, including contract sanctions.

*As predicted, a significant number of firms bid for the maximum possible number of matter starts in the expectation that everybody else would do likewise. As there were many more matter starts bid for than were available, everybody got a pro rata reduction. This left many firms who did not overbid with too few matter starts to be economically viable. The following statements have been issued:
:*[http://www.mhla.co.uk/modules/smartsection/item.php?itemid=488 MHLA: New contracting regime costs more money - yet threatens representation of the mentally unwell] - 13/7/10
:*[http://www.lawsociety.org.uk/newsandevents/news/view=newsarticle.law?NEWSID=428914 Law Society: Mental health tender – Law Society concerns] - 15/7/10

*On 8/7/10 the LSC published the [http://www.legalservices.gov.uk/docs/civil_contracting/CategoryDefinitions.pdf 2010 category definitions] and [http://www.legalservices.gov.uk/docs/civil_contracting/CategoryDefinitionGuidance.pdf related guidance]. See [[#Category definition]] below.

*[http://www.legalservices.gov.uk/civil/tendering/mental_health.asp LSC News]: On 17/6/10 the LSC published a [http://www.legalservices.gov.uk/docs/civil_contracting/100617_Statement_on_MH_Awards_FINALv2.0.pdf statement] on Mental Health contract awards.

*Notifications for the award of contracts in mental health law were sent out on 10/6/10 via the Bravo e-tendering message boards. These inform applicants of the number of Matter Starts awarded to them in each Strategic Health Authority Procurement Area.

*[http://www.legalservices.gov.uk/civil/tendering/mental_health.asp LSC Update: Important update on timetable for the mental health tender process] - 28/5/10 - The outcome of the mental health tender process will be announced by 7/6/10 via the E-tendering portal.

*LSC Update: Indicative timetable for Mental Health tender process - 26/4/10 - The results of the tendering process for mental health Legal Aid work (except in special hospitals) was due to be published on 26/4/10 but, because of the expected regime change, will be announced at some stage before the end of May. The extra time will be used to check whether firms are able to deliver the services they have tendered for. See [[#Tender process timetable]] below.

*[http://www.legalservices.gov.uk/civil/cls_news_11374.asp CLS News: Customer satisfaction survey] - 23/4/10 - Help to write the LSC's epitaph

*[http://www.legalservices.gov.uk/civil/cls_news_11346.asp?page=1 CLS News: Updated CLS financial eligibility keycard now available] - 12/4/10 - To be used for new and further assessments from 12/4/10. The changes in this edition reflect an increase in the standard dependants allowances assessed for a partner or child living with the applicant (based on income support uprating); eligibility limits are unchanged.

*[http://www.legalservices.gov.uk/civil/cls_news_11318.asp CLS News: Important changes to the Funding Code] - 1/4/10 - "The changes affect the criteria for judicial review, multi-party actions and claims against public authorities and set up new appeal structures for certain high cost and public interest cases."

:*See [[Consultations#Ministry of Justice]] (Legal Aid: refocusing on priority cases) for further details

*[http://www.legalservices.gov.uk/civil/cls_news_11232.asp CLS News: Transfer of civil applications processing from Nottingham to Merseyside] - 16/3/10 - From 1/4/10 all civil application processing will be transferred from Nottingham to the Merseyside regional office

*[http://www.legalservices.gov.uk/civil/cls_news_11237.asp CLS News: Mental Health tender process update] - 18/3/10

*[http://www.legalservices.gov.uk/docs/civil_contracting/Mental_Health_FAQ_for_publication_17_March_2010_v6_Final.pdf FAQ about mental health invitation to tender, version 6] - 17/3/10

*[http://www.legalservices.gov.uk/docs/civil_contracting/PQQFAQv5_090310.pdf FAQ about pre-qualification questionnaire, version 5] - 9/3/10

*[http://www.legalservices.gov.uk/docs/civil_contracting/Mental_Health_FAQ_for_publication_11_March_2010_v5_Final.pdf FAQ about mental health invitation to tender, version 5] - 11/3/10

*[http://www.legalservices.gov.uk/civil/cls_news_11207.asp CLS News: 2010 contracts tender process] - 10/3/10 - The automated email this morning was incorrect: the mental health PQQ deadline is 12 noon on 31/3/10.

*[http://www.legalservices.gov.uk/civil/cls_news_11198.asp?page=1 CLS News: Provider payments in March] - 9/3/10 - Some bills for civil representation, crown court litigation and very high cost case work which should have been paid on the weeks commencing 15, 22 and 29 March may be delayed. Standard Monthly Payments and other payments are unaffected.

:*Response to the above news: [http://www.lawsociety.org.uk/newsandevents/news/view=newsarticle.law?NEWSID=426512 Law Society: Legal aid lawyers pay the price of LSC's mismanagement] - 9/3/10

*[http://www.legalservices.gov.uk/docs/civil_contracting/100308NoticetoamendMentalHealthIFA.pdf Notice to Mental Health Applicant Organisations] - 8/3/10 - Paragraph 7.12 (information about payments on account) of the Information For Applicants has been amended so as to accord with the 2010 Civil Contract.

*Law Society videos explaining [http://www.lawsociety.org.uk/legal-aid-contracts/tendering-process.page the tendering process] and [http://www.lawsociety.org.uk/legal-aid-contracts/contract-terms.page the contract terms] - 4/3/10

*[http://www.legalservices.gov.uk/docs/civil_contracting/Mental_Health_FAQ_for_publication_5_March_2010_v4_Final.pdf FAQ about mental health invitation to tender, version 4] - 5/3/10

*[http://www.legalservices.gov.uk/civil/cls_news_11170.asp New schedules for April to October 2010] - 3/3/10 - How matter starts will be allocated to cover the period 1/4/10 to 13/10/10

*[http://www.legalservices.gov.uk/docs/civil_contracting/Mental_Health_FAQ_for_publication_2_March_2010_v1_Final.pdf Updated FAQ about mental health invitation to tender] - 2/3/10

*[http://www.legalservices.gov.uk/docs/civil_contracting/PQQFAQv3_020310.pdf FAQ about pre-qualification questionnaire, version 3] - 2/3/10

*[http://www.justice.gov.uk/news/newsrelease030310d.htm Sir Ian Magee’s review into the delivery of legal aid] - 3/3/10 - Also a press release setting out LSC's move from being a executive non-departmental public body to becoming an executive agency

*[http://www.legalservices.gov.uk/docs/civil_contracting/Mental_Health_FAQ_for_publication_25_February_2010_v1_Final.pdf LSC publish FAQs about mental health invitation to tender] - 25/2/10

*[http://www.legalservices.gov.uk/civil/cls_news_11092.asp LSC forms become mandatory on 1 April 2010] - 16/2/10

*[http://www.lawsociety.org.uk/productsandservices/practicenotes/legalaidcontract/4366.article Law Society Practice Note: Legal Aid contract 2010: Civil, 8/2/10] - Summary of the main changes to the Legal Aid contract 2010 and the tendering process

*[http://www.legalservices.gov.uk/civil/cls_news_10922.asp?page=1 Mental Health tender process opens shortly, 4/2/10] - Reminder that the tender process, for work from 14/10/10, runs from 10/2/10 for 7 weeks, and the procurement plan has been published

*[http://www.legalservices.gov.uk/civil/cls_news_10881.asp?page=1 Legal help financial eligibility – advice for providers, 2/2/10] - Advice on means evidence required for audit purposes

*[http://www.publications.parliament.uk/pa/cm200910/cmselect/cmpubacc/322/322.pdf House of Commons Committee of Public Accounts: The procurement of legal aid in England and Wales by the Legal Services Commission: Ninth Report of Session 2009–10] - 2/2/10 - a critical examination of the procurement and administration of legal aid in England and Wales

*[[Media:Lsc mh news jan 2010.pdf|Mental Health Newsletter, 28/1/10]] - The LSC have started posting a newsletter to mental health law firms. The January edition includes confirmation that (1) all contract work and MHA/MCA/related public law licensed work is dealt with by Mental Health Unit in Liverpool, and (2) the new form EC Claim1 became mandatory on 1/11/09. The small print, bizarrely, states that "The views expressed in this publication may not be the views of the Legal Services Commission".

*[http://www.legalservices.gov.uk/docs/civil_contracting/Mental_Health_Procurement_Plan.pdf Mental Health Procurement Plan, 22/1/10] - This document shows the Mental Health services the LSC are commissioning and the volume of New Matter Starts (NMS) available in each Strategic Health Authority procurement area and High Security Hospital from October 2010.

*[http://www.legalservices.gov.uk/civil/cls_news_10804.asp?page=1 Changes to the civil legal aid means test 20-01-2010] - From 11/1/10 onwards, a disregard can be made for any monthly payment that the client (or his partner, where applicable) is required to make under a contribution order towards the costs of representation in his criminal case.

*[http://www.legalservices.gov.uk/civil/cls_news_10739.asp 2010 civil contract: arrangements for billing of disbursements 22-12-2009] - When the new contract starts in October 2010, mental health firms will be able to apply for interim payments of disbursements (excluding counsel's fees) where six months have elapsed since (a) the start of the matter and (b) any previous interim payment application. Paragraph 9.50 of the MH specification has been amended accordingly.

*[http://www.legalservices.gov.uk/civil/cls_news_10701.asp LSC outlines actions following NAO report 17-12-2009] - Following a slating by the National Audit Office, the LSC have written to all firms. Of relevance to mental health law: on audit, in certain circumstances, they had allowed 2 hours' work without evidence of entitlement, but this practice will cease; firms with high numbers of split cases and multiple matter starts for a single client will be investigated with a view to the recovery of cash; and a reminder was given of the general duties of keeping records to justify claims.

*[http://www.legalservices.gov.uk/civil/cls_news_10688.asp?page=1 Civil case management - change in contact details 16-12-2009] - From February 2010, the phone number for all urgent enquiries about civil certificated work is 0300 200 2020; email or post should be used for non-urgent enquiries (legal-enquiries@legalservices.gov.uk for civil legal, finance-enquiries@legalservices.gov.uk for finance, means-enquiries for means queries)

*[http://www.legalservices.gov.uk/civil/cls_news_10575.asp LSC releases update to 'Improving your Quality' guide 23-11-2009] - New edition of ‘Improving your Quality’ guide on mental health

*[http://www.legalservices.gov.uk/civil/cls_news_10576.asp Mental health work moving to our Merseyside office 23-11-2009] - Work to be transferred from Nottingham at the end of November 2009

*[http://www.legalservices.gov.uk/civil/cls_news_10511.asp Fixed fee contract compliance audit update, 10-11-2009] - From 1/10/09, any reduction will count towards the total number of files nil assessed. For example, if there are two nil-assessed files, plus one file reduced by 25%, then the overall figure will be 2.25 rather than 2.

*[http://www.legalservices.gov.uk/civil/cls_news_10506.asp?page=1 New ‘Improving your Quality’ generic guide launched 09-11-2009] - On 6/11/09 the LSC published a new generic (not specific to any category of law) "Improving Your Quality" peer review guidance document.

*[http://www.legalservices.gov.uk/civil/cls_news_10465.asp?page=1 Civil bid rounds for 2010 contracts - Q&A available, 29-10-2009] - "All questions submitted by Friday 6 November will be answered in a final version of the Q&A document to be published on Friday 13 November." Version 10 of the Q&A is dated 30/10/09.

*[http://www.legalservices.gov.uk/civil/cls_news_10433.asp?page=1 Tendering timetable: 2010 civil and crime legal aid contracts, 21-10-2009] - The new civil legal aid contract will come into effect on 1 October 2010. The bid round for non-immigration civil work is planned for the week beginning 8 February 2010, and will be open for seven weeks.

*[http://www.legalservices.gov.uk/civil/cls_news_10466.asp?page=1 New matter starts - guidance to firms approaching their contract limit, 20-10-2009] - The LSC are running out of money so will remove matter starts from firms unlikely to use them; if they can afford it these will be reallocated; consideration will be given to modest increases for firms at imminent risk of running out, but generally they will look at "access to services" across the procurement area as a whole as opposed to individual provider level.

==Tender process timetable==
Message dated 28/5/10:

:Important update on timetable for the mental health tender process

:We will notify providers of the outcome of the Mental Health process by 7 June. We are sorry for any inconvenience caused by this change to the timetable, following additional necessary clarifications.

:We will inform all applicant organisations of the result of the tender process through the messaging system in the eTendering portal.

Message from LSC Policy Team dated 26/4/10:

:The results of the Tender Process for Strategic Health Authority Areas were due to be communicated to Applicant Organisations on 26 April 2010. However, we will not now be able to notify Applicants of the result of the tender process before 6 May 2010. Following the election, we will need to discuss the outcome of the tender process with any new ministers, and it is likely that notification to Applicants will take place shortly after this. We hope to be able to notify Applicants of our initial decisions before the end of May, thereby giving them over 4 months’ notice before the new contract starts.

:We will inform all Applicant Organisations of the result of the tender process through the messaging system in the eTendering portal.

:We will be using some of this additional time to carry out due diligence checks to confirm whether Applicant Organisations are in a position to deliver the services they have tendered for.

[[Category:Legal Aid]]