Judicial review
Judicial reviews allows individuals, and others, to challenge the lawfulness of decisions made by public authorities.
External links
- JR guide. Courts and Tribunals Judiciary, 'The Administrative Court Judicial Review Guide 2022' (October 2022) — "This is the seventh edition of the Judicial Review Guide, which has become a valuable resource for all who are involved in proceedings before the Administrative Court. It covers all the stages of a claim for judicial review. Good practice is identified and pitfalls foreshadowed. It is required reading for all those who conduct judicial review cases (whether or not they are lawyers)." Superseded by: Courts and Tribunals Judiciary, 'The Administrative Court Judicial Review Guide 2023' (October 2023).
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
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- Civil restraint order
- Complaints procedure
- Consultations
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- Euthanasia and assisted suicide
- Ian Brady
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- Mental disorder and driving
- Ministry of Justice
- Miscellaneous external links
- Murder
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- 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
- Glossary
- Key sources of information
- Other glossary pages
- Adult Social Care
- Advance decision
- Application of MHA 1983 to Armed Forces
- Barring order
- Brief glossary
- British National Formulary
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- Enduring Power of Attorney
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- Lasting Power of Attorney
- Learning disability
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- Part 36
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- Professionals
- Types of detention
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- Types of patient
- International law
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- The mental health fee scheme
- Hourly rates and fixed fees
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- Legal Aid Agency Liverpool Office
- Disbursements, including independent experts
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- Standard Civil Contract 2018
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- Escape fee cases
- Standard Civil Contract 2024
- Legislation overviews
- Mental Health Tribunal pages
- Adjournment and postponement (MHT)
- Appealing against a tribunal decision (MHT)
- Applications (MHT)
- Change in status during tribunal proceedings
- Decisions (MHT)
- Decisions by a single judge (MHT)
- Delay (MHT)
- Directions (MHT)
- Disposal without hearing (MHT)
- Eligibility periods
- Evidence (MHT)
- Hearing in a party’s absence (MHT)
- Mandatory and discretionary references
- 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)
- Mental capacity law
- Nearest relative
- Organisations
- Administrative Justice and Tribunals Council
- All Party Parliamentary Group on Legal Aid
- Care and Social Services Inspectorate Wales
- Care Services Improvement Partnership
- Civil Contracts Consultative Group
- Commission for Social Care Inspection
- Community Care (company)
- Court of Protection User Group
- Crown Prosecution Service
- Department of Health and Social Care
- Essex Mental Health Independent Inquiry
- European Union Agency for Fundamental Rights
- Family Law Week
- Fixated Threat Assessment Centre
- General Medical Council
- Gov.uk website
- Health Professions Council
- Healthcare Commission
- Healthcare Inspectorate Wales
- House of Lords
- House of Lords Select Committee on the Mental Capacity Act 2005
- HUDOC
- International Classification of Diseases (ICD)
- International Journal of Mental Health and Capacity Law
- Joint Committee on the Draft Mental Health Bill
- Judiciary
- Law Commission
- Legal Ombudsman
- Legislation.gov.uk
- MAPPA
- Mental Health Act Commission
- Mental Health Lawyers Association
- 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
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- Statute Law Database
- Tribunal Procedure Committee
- Venice Commission
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- Psychiatry
- Representation
- Statistics
- The Law Society
- Things to sign up for
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