April 2009 chronology

See April 2009 update for a summary of these changes. This page is incomplete.

  • 26/04/09: DH publish issue 3 (April 2009) of DOLS Update. See DOLS
  • 26/04/09: On 1/4/09 the NHS complaints procedure was simplified. Now there are only two stages - local resolution and the Ombudsman. See NHS complaints procedure
  • 26/04/09: In April the MoJ Mental Health Unit website closed and was replaced by a "Mentally disordered offenders" section on the main MoJ website. See external links on Ministry of Justice page.
  • 26/04/09: Two consultations added. (1) Direct payments regulations (response published); (2) Environmental design principles for adult medium secure units (closes 10/7/09). See Consultations
  • 26/04/09: 2009 Scottish case added. M v Murray (Mental Health Officer) [2009] ScotSC 8The appellant patient argued that the mental health officer's application to the Mental Health Tribunal for Scotland was misconceived because the second medical report which accompanied the application did not meet the requirements of the Mental Health (Care and Treatment) (Scotland) Act 2003; taken as a whole and in the circumstances (that the application is made in the interests of the patient and the Tribunal also hear oral evidence) the report did meet the requirements.§
  • 19/04/09: Responsible clinicians at MSUs: if you have been told that you require MoJ permission to grant hospital ground leave beyond the confines of your MSU for all your restricted patients then you have been misled. See Power to specify hospital units. Permission is only required if your particular hospital unit is specified in the hospital order, transfer direction, or equivalent.
  • 18/04/09: DH's supervisory body contact details list updated on 17/4/09. See DOLS
  • 06/04/09: March 2009 CPD questionnaire now available for subscribers. Subscription costs £50 and lasts 12 months. You could obtain six CPD points this week by doing the October - March tests. See CPD scheme
  • 06/04/09: New secondary legislation. Parole Board (Amendment) Rules 2009 — These Rules amend the Parole Board Rules 2004. The amendments have been incorporated into the text on the Parole Board Rules 2004 page (using strikethrough and square brackets). In force 1/4/09. The amendments do not apply in relation to any hearing which begins prior to 1/4/09 (which includes hearings begun prior to 1/4/09 and adjourned to 1/4/09 or later). Note that the 2004 rules have been replaced by the Parole Board Rules 2011.
  • 05/04/09: Legal Aid Keycard 45 (financial eligibility from 6/4/09) issued. See Legal Aid#Resources
  • 05/04/09: New criminal law case added. R v Wood (No 2) [2009] EWCA Crim 651The fact that a defendant was convicted of manslaughter on the grounds of diminished responsibility did not preclude a sentence of imprisonment for life. In assessing the seriousness of such an offence with a view to fixing a minimum term, the court could take into account the guidance in Sch 21 of the Criminal Justice Act 2003, subject to the specific element of reduced culpability consequent on diminished responsibility. [ICLR]§
  • 05/04/09: Old criminal law case added. R v Wood (No 1) [2008] EWCA Crim 1305In addressing a plea of diminished responsibility in the context of alcohol dependency syndrome, the jury must consider whether it had been established that the defendant’s syndrome was of such an extent and nature that it constituted an abnormality of mind induced by disease or illness, and, if that were established, whether the defendant’s mental responsibility for his actions at the time of the killing was substantially impaired as a result of the syndrome. [ICLR]§
  • 05/04/09: New page. National Mental Health Development Unit

The National Mental Health Development Unit replaced the National Institute for Mental Health in England on 1/4/09.§

  • 02/04/09: More DOLS stuff from the Dept of Health: "Guidance on the completion of the Deprivation of Liberty Safeguards data collation sheet" and "Arrangements under paragraph 183(4) of Schedule A1 to the Mental Capacity Act 2005 between the Secretary of State and the Welsh Ministers" (ordinary residence disputes). See DOLS
  • 02/04/09: On 1/4/09 the MoJ published a new leave request form for restricted patients. See Ministry of Justice. Note that permission is not required for hospital ground leave unless a specific hospital unit/ward has been specified in the hospital order (or equivalent) which led to the admission: see Power to specify hospital units for details. This means that, for instance, RCs can in general grant ground leave (escorted or unescorted) beyond a MSU perimeter on the hospital grounds without permission.
  • 01/04/09: Court of Protection forms now available on HMCS website (the COP's administration having transferred from the OPG to HMCS today). See Court of Protection
  • 01/04/09: Various provisions come into force today: the deprivation of liberty safeguards, and transitional provisions; amendments to Court of Protection Rules 2007; amendments to Court of Protection Fees Order 2007; amendments to Public Guardian (Fees, etc) Regulations 2007; amendments to Community Legal Service (Financial) Regulations 2000; the creation of the Care Quality Commission, and transfer to it of MHAC's functions; amendments to NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000; amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008; Independent Mental Health Advocate provisions. See March 2009 update for details
  • 01/04/09: On 31/3/09 the DH published the following: "DOLS and you" document; List of supervisory body contact details - PCTs; List of supervisory body contact details - local authorities. See DOLS