December 2017 chronology
See December 2017 update for a thematic summary of these changes.
- 14/12/17 (1): JR guide. Judiciary for England and Wales, 'The Administrative Court Judicial Review Guide 2017' (dated July 2017, published 7/11/17) — Extract from preface to the 2017 edition: "This Guide provides a general explanation of the work and practice of the Administrative Court. It is designed to make it easier for parties to conduct judicial reviews in the Administrative Court, by drawing together into one place the relevant statutory provisions, rules of procedure, practice directions, and case law on procedural aspects of judicial review. It provides general guidance as to how litigation in the Administrative Court should be conducted in order to achieve the overriding objective of dealing with cases justly and at proportionate cost. The Guide has been prepared with all Court users in mind, whether they are persons who lack legal representation (known as “litigants in person”) or persons who have legal representation. We invite all Court users to follow this Guide when they prepare and present their cases." Newer version: Judiciary for England and Wales, 'The Administrative Court Judicial Review Guide 2020 (1/9/20).
- 13/12/17 (4): MHA book. Richard Jones, Mental Health Act Manual (20th edn, Sweet and Maxwell 2017). The book everybody needs to have.
- 13/12/17 (3): COP book. Alex Ruck Keene et al, Court of Protection Handbook: A User's Guide (2nd rev edn, LAG 2017). You can purchase the revised second edition in paperback, or read the free Kindle supplement to the second edition. The supplement contains the following headings: capacity; best interests; informal decision-making and the role of the Court of Protection; case management; the participation of P; public funding; deprivation of liberty: statutory wills, gifts and powers of attorney; human rights; destination table. It also contains the full text of the Court of Protection Rules 2017.
- 13/12/17 (2): Parole Board book. Hamish Arnott and Simon Creighton, Parole Board Hearings: Law and Practice (3rd edn, LAG 2014). Published in January 2014 but still (in 2017) the best book on the subject.
- 13/12/17 (1): After-care. Richards v Worcestershire County Council  EWCA Civ 1998 — Executive summary and conclusion from judgment: "The claimant has a long history of mental illness, following frontal lobe injury which he sustained in a road traffic accident 33 years ago. He received damages following the accident, which his deputy administers. The claimant was compulsorily detained in hospital under section 3 of the Mental Health Act 1983 in 2004. Following his discharge from hospital he has received various after-care services. The claimant's deputy funded the services between 2004 and 2013. The defendants have funded those services since 2013. The claimant by his deputy now seeks to recover the costs of the after-care services between 2004 and 2013 (including 18 months residential placement) on the grounds that the defendants are liable for the costs under section 117 of the 1983 Act. The defendants applied to strike out the claim as an abuse of process. The judge rejected that application. The defendants now appeal on two grounds: first, the claimant should have brought his claim by judicial review; secondly, the defendants' alleged non-compliance with section 117 of the 1983 Act does not entitle the claimant to recover damages for unjust enrichment or restitution. The first ground of appeal raises a clean point of law, capable of resolution on the basis of the pleadings. I decide that point against the defendants. The second ground of appeal (despite its formulation as a point of law) raises questions of fact which are hotly contested. This is not, therefore, suitable for resolution on an application to strike out. In the result, therefore, if my Lords agree, this appeal will be dismissed."
- 07/12/17 (10): Newsletter. Mind, 'Legal Newsletter' (December 2017) — This newsletter contains news under the following headings: (1) Thriving at Work - The Stevenson/Farmer Review of mental health and employers; (2) Mental Health and Fair Trial; (3) Section 117 and multiple diagnoses; (4) Damien Tinsley v Manchester City Council M; (5) R(CXF) v Central Bedfordshire Council M; (6) Burden of Proof in discrimination claims in the Employment Tribunal - Ayodele v Citylink B.
- 07/12/17 (9): NHS England briefing note. Roger Banks et al, 'Briefing note' (relating to MM and and PJ Court of Appeal judgment, gateway ref 07333, 24/11/17) — The aims of this briefing note are to provide practitioners within Transforming Care Partnerships (TCPs) with a summary of the Court of Appeal judgment in SSJ v MM; Welsh Ministers v PJ  EWCA Civ 194, and to outline some of the possible implications for the Transforming Care programme. It is authored by Dr Roger Banks (National Senior Psychiatry Lead, NHS England) and John Trevains (Head of Mental Health and Learning Disability Nursing, NHS England).
- 07/12/17 (8): Dear Colleague letter. Julie Higgins et al, 'MM and PJ Court of Appeal Hearing and Judgements' (Dear Colleague letter, gateway ref 07333, 24/11/17) — This Dear Colleague letter to all NHS and independent sector mental health and learning disability providers summarises a briefing note on SSJ v MM; Welsh Ministers v PJ  EWCA Civ 194 which was prepared specifically in relation to those patients with a diagnosis of learning disability and autism who are part of the Transforming Care Programme, but also is relevant for patients with a mental illness or personality disorder diagnosis.
- 07/12/17 (7): PELT: DOL made simple - Hoylake, 13/12/17 — Course description: "The disagreements between the judiciary have not helped our understanding of DOLs. This course will leave you feeling much more confident. The CQC has made DOL a priority on inspections. The Supreme Court leaves us in no doubt what is and is not a DOL. But how is all this applied in practice to protect not only the service user, but the professionals and service providers as well? How does this impact on ‘informal’ patients under the MHA and the role of AMHPs and Tribunals? What does ‘continuous supervision and control’ really mean? What is ‘free to leave’? Damages for unlawful DOL. This course will leave you feeling confident in how the law should be applied." Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Times: 10am to 3.30pm. Price: £125 plus VAT (£150). See PELT website for further information and booking details. See Events
- 07/12/17 (6): PELT: Introduction to COP, including s21A appeals - Hoylake, 14/2/18 — Course description: "There was a time when the Court of Protection was just about financial issues. The Court is now the place where deprivation of liberty safeguards and procedures are authorised or challenged and where arguments about adult protection and best interests are resolved. It is essential that all those working with vulnerable people / safeguarding have an understanding of how to access and use the Court. In certain circumstances there is a legal obligation on authorities to apply to the Court." Fee: £125 + VAT (£150). See Peter Edwards Law website for further details. See Events
- 07/12/17 (5): PELT: Introduction to the Mental Health Act - Hoylake, 20/3/18 — The course is for all those who need a basic understanding of the basics of the MHA. Trainer: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Price: £125 plus VAT (£150). See PELT website for further information and booking details. See Events
- 07/12/17 (4): PELT: Introduction to MCA and DOLS - Hoylake, 17/4/18 — Course description: "This is an intensive introduction to all those who need a basic understanding of the MCA and DOLS. Identifying the ‘decision maker’ as the person responsible for the outcome of that particular decision is the key to lawful decision making on behalf of those who lack capacity. Not realising that depriving a person of his or her liberty removes the legal protection given to decision makers unless the deprivation is ‘prescribed by law’ catches many people out. Not knowing what you don’t know promotes risky practice." Fee: £125 + VAT (£150). See Peter Edwards Law website for further details. See Events
- 07/12/17 (3): PELT: Depriving Children and Young People of their liberty lawfully - Hoylake, 19/4/18 — Course description: "The DOLS start at 18. MCA: 16. MHA: no minimum age for detention. Deciding how lawfully to deprive a child or young person of his or her liberty requires great care. What is a DOL and where does parental responsibility fit? The course will look at the complex inter-relationship between the MCA, MHA and Children Act. When should a child or young person be sectioned? What alternatives are there? Where does s25 Children Act (secure accommodation) fit in?" Speaker: Peter Edwards. Fee: £125 + VAT (£150). See Peter Edwards Law website for further details. See Events
- 07/12/17 (2): PELT: Court of Protection Masterclass (new material) - Hoylake, 15/5/18 — Course description: "This course will review the all the recent developments in Court of Protection case law especially those during the last 12 months. It will include the latest COP cases on deprivation of liberty, capacity, health and welfare, legal aid and treatment. It will consider what practitioners can learn from these cases that will promote effective and lawful practice. It will examine how the practice directions and rules are working in practice. Any decision maker under the MCA has got to follow procedures ‘prescribed by law’ in order to protect not only the rights of those using services but also their own professional position." Speaker: Peter Edwards. Venue: The Training Suite, Peter Edwards Law, Hoylake CH47 2AE. Price: £125 plus VAT (£150). See PELT website for further information and booking details. See Events
- 07/12/17 (1): PELT: Mental Health Act Masterclass (new material) - Hoylake, 22/5/18 — Course description: "This course will allows Mental Health Act practitioners to reflect on and update their practice by ensuring they have an up-to-date understanding of the law. To act lawfully, decision makers are required to follow 'procedures prescribed by law'. These can be found not only in the Act but importantly in the Code (2015) and developing case law. How important is it to incorporate the Code into your practice? The Code states: 'Where the principles and guidance of the Code are not implemented, the CQC may use its regulatory powers to facilitate change and improvement in local services as a failure to apply the Act and its Code may show a breach of one of the registration requirements ...'" Fee: £125 + VAT (£150). See Peter Edwards Law website for further details. See Events