Certificated (licenced) work
Here is a non-exhaustive list of work requiring a public funding certificate:
- Cases before the Upper Tribunal (judicial reviews and appeals of First-tier Tribunal decisions).
- High Court judicial reviews.
- Court of Protection ‘best interests’ or ‘deprivation of liberty’ cases.
- High Court or county court damages claims (probably under the actions against the police contract).
- Nearest relative displacement actions in the county court.
There are two types of Legal Representation funding under a certificate: (a) ‘Investigative Representation’, which is limited to the investigation of the strength of contemplated proceedings (there is some overlap with Legal Help); (b) ‘Full Representation’, which is the main type.
There are two types of certificate: (a) a ‘substantive certificate’, which is granted by the LAA; (b) an ‘emergency certificate’, which is granted by the firm under delegated functions (if it has a contract in the relevant category) for urgent steps.
Certificated work is means-tested, except in certain ‘deprivation of liberty’ cases.
The online Client and Cost Management System (CCMS) is used for this type of work.
INFORMATION
- Aftercare
- Changes made by MHA 2007
- New procedure for renewal of detention
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Approved Mental Health Professional replaces Approved Social Worker
- Supervised Community Treatment replaces Supervised Discharge
- Mental disorder no longer split into separate classifications
- Some exclusions to definition of mental disorder have been removed
- Hospital directions under s45A apply to any mental disorder
- New definition of medical treatment
- Civil partners are treated as if married when determining nearest relative
- Additional safeguards for ECT introduced in new s58A
- Treatment while under SCT is covered by new Part 4A
- NHS Foundation Trusts discharge power problem remedied
- Patients can be transferred between places of safety under s135 and s136
- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
- Restriction orders can no longer be time-limited
- Legal status of Code of Practice set out in Act
- New Independent Mental Health Advocate scheme
- New requirements for age-appropriate accommodation for children
- Fundamental principles set out in Act and included in Code of Practice
- Automatic reference scheme under s68 changed
- Minor drafting error in MCA 2005 corrected
- Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
- Limitation to the exceptions to the duty to instruct IMCA
- Reference to Local Health Boards inserted into Act
- Procedure for making of instruments by Welsh Ministers set out
- Organisation of Mental Health Review Tribunal changed
- Transitional provisions until full implementation of MHA 2007
- New cross-border arrangements for leave and transfer
- New regulations on conflicts of interest
- SOAD certificate becomes invalid when patient loses or gains capacity
- Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
- Higher penalties for offences under Act
- Hospital direction patients can no longer apply to Tribunal during first six months
- Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
- Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
- Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
- Civil sections and CTOs
- Coronavirus
- Courts
- Criminal detaining sections
- Admission order
- Detention under insanity legislation
- Notional s37
- Section 135: Warrant to search for and remove patients
- Section 136: Mentally disordered persons found in public places
- Section 35: Remand to hospital for report on accused’s mental condition
- Section 36: Remand of accused person to hospital for treatment
- Section 37/41: hospital order with restrictions
- Section 37: guardianship order
- Section 37: hospital order
- Section 38: interim hospital order
- Section 43: committal by magistrates for restriction order
- Section 44: committal to hospital under s43
- Section 45A: hospital direction
- Section 51(5): hospital order without conviction
- Sections 47, 48 and 49: transferred prisoners
- Forms
- General information pages
- Assisted suicide
- Capacity to consent to sexual relations
- Change in status during tribunal proceedings
- Children and mental health law
- Civil restraint order
- Complaints procedure
- Consultations
- Court of Protection Practice Directions
- Deprivation of Liberty Safeguards
- Electronic signatures
- Eligibility periods
- Ian Brady
- Independent investigations
- Interface between MHA and MCA
- Jury service
- Leave of absence
- Mandatory and discretionary references
- Mental disorder and driving
- Ministry of Justice
- Miscellaneous external links
- Murder
- Newsletters
- Nuisance or disturbance on hospital premises
- Power to specify hospital units
- Public tribunal hearings
- Repatriation
- Reports to Prevent Future Deaths
- Smoking
- Summary of routes to discharge
- Summary of types of detention
- Transfer
- Victims of crime
- Victims' rights to make representations and receive information
- Voting rights for detained patients
- Welfare benefits
- Glossary pages
- Types of patient
- Types of discharge
- Types of detention
- Other glossary pages
- Adult Social Care
- Advance decision
- Application of MHA 1983 to Armed Forces
- Barring order
- Brief glossary
- British National Formulary
- Care Programme Approach
- Compulsory treatment
- Displacement proceedings
- Enduring Power of Attorney
- Extra-statutory recommendations
- Guardianship
- High secure hospital
- Home Office Circulars
- IPP
- Judicial review
- Judicial review pre-action protocol
- Lasting Power of Attorney
- Learning disability
- Mental disorder
- Part 36
- Prison law
- Recall
- Recommendations
- Responsible authority
- Sexual Harm Prevention Order
- Glossary
- Key sources of information
- Professionals
- International law
- Legal Aid
- Peer review
- Transaction criteria
- Legal Aid forms
- The mental health fee scheme
- Hourly rates and fixed fees
- Legal Aid for appeals
- Legal Aid Agency Liverpool Office
- Disbursements, including independent experts
- Legal Aid guidance documents
- Legal Aid in the Court of Protection
- Legal Aid eligibility
- Legal Aid archive
- Standard Civil Contract 2018
- Main types of funding
- Escape fee cases
- Legislation overviews
- Mental Health Tribunal pages
- Adjournment and postponement (MHT)
- Appealing against a tribunal decision (MHT)
- Applications (MHT)
- Decisions (MHT)
- Decisions by a single judge (MHT)
- Delay (MHT)
- Directions (MHT)
- Disposal without hearing (MHT)
- Evidence (MHT)
- Hearing in a party’s absence (MHT)
- Medical examination (MHT)
- Non-disclosure of documents and information (MHT)
- Notice of proceedings, and listing (MHT)
- Overriding objective (MHT)
- Parties (MHT)
- Public hearing (MHT)
- Re-sectioning after tribunal discharge
- Reinstatement (MHT)
- Remote hearings (MHT)
- Reports (MHT)
- Representatives (MHT)
- Standard and burden of proof (MHT)
- Tribunal Rules
- Wasted costs (MHT)
- Withdrawal (MHT)
- Nearest relative
- Organisations
- Administrative Justice and Tribunals Council
- All Party Parliamentary Group on Legal Aid
- Bailii
- Care and Social Services Inspectorate Wales
- Care Services Improvement Partnership
- Civil Contracts Consultative Group
- Commission for Social Care Inspection
- Court of Protection User Group
- Crown Prosecution Service
- Department of Health and Social Care
- European Union Agency for Fundamental Rights
- Family Law Week
- Fixated Threat Assessment Centre
- General Medical Council
- Health Professions Council
- Healthcare Commission
- Healthcare Inspectorate Wales
- House of Lords
- House of Lords Select Committee on the Mental Capacity Act 2005
- HUDOC
- Incorporated Council of Law Reporting
- International Classification of Diseases (ICD)
- International Journal of Mental Health and Capacity Law
- Judiciary
- Law Commission
- Legal Ombudsman
- Legislation.gov.uk
- MAPPA
- Mental Health Act Commission
- Mental Health Lawyers Association
- Mind (Charity)
- National Confidential Inquiry into Suicide and Safety in Mental Health
- National Mental Health Development Unit
- National Policing Improvement Agency
- Office of Fair Trading
- Office of Public Sector Information
- Office of the Public Guardian
- Official Solicitor
- PPMHG
- Royal College of Psychiatrists
- Solicitors Regulation Authority
- Statute Law Database
- Tribunal Procedure Committee
- Venice Commission
- Care Quality Commission pages
- Other jurisdictions
- Psychiatry
- Representation
- Statistics
- The Law Society
- Things to sign up for
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