LAA, 'Improving Your Quality in Mental Health' (v5, December 2020, published 4/1/20)

2020-12 LAA peer review guidance.pdf

Mental health peer review guidance The main substantial changes are: (1) the guidance is no longer "for the benefit of those wishing to achieve the highest levels of quality of legal advice and work" but for those "wishing to achieve good levels of quality of legal advice and work" (emphasis added); (2) the addition of three new "major concerns": (a) "Where there is no written advice at the conclusion of a case in terms of rights as to informal status/s117 rights/detained patients' further rights of application or referral and relevant entitlement/detention dates"; (b) "Where there is no evidence of an informed discussion with the client about whether to seek a r34 Medical Examination in non s2 cases"; (c) "Where there is concern as to the client’s capacity, has a rule 11 appointment has been considered, and has the issue as to the client's capacity been noted, and kept under review as the case progressed?" A version with highlighted changes is available on MHLO. Superseded by LAA, 'Improving Your Quality in Mental Health' (v6, February 2021, published 2/3/21).

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