Legal Aid for appeals
The position in relation to work done in applying to the Tribunal for a review and/or permission to appeal is:
- If the review/application for permission to appeal is unsuccessful, all the work forms part of the level 3 payment, i.e. unpaid-for unless it turned the case into an ‘escape-fee case’.
- If the Tribunal sets aside its decision then you can claim an additional fee equivalent to the ‘adjourned hearing fee’. Then you would recalculate whether or not you have an escape-fee case.
- If a certificate is subsequently issued, then the work done may be claimed under the certificate. Unless the work is already being claimed as an escape-fee case.
- If a fresh Tribunal hearing is held then this can be claimed as a new matter start (you can claim level 3 and, if justified, level 1 and 2 payments) or as a continuation of the previous one.
- If you do work on a review/appeal but didn’t represent the patient at the original Tribunal hearing, then you can claim level 1 and 2 payments as appropriate, but not level 3 or bolt-on payments.
INFORMATION
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- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
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- Additional safeguards for ECT introduced in new s58A
- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
- Approved Mental Health Professional replaces Approved Social Worker
- Automatic reference scheme under s68 changed
- Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
- Civil partners are treated as if married when determining nearest relative
- Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
- Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
- Fundamental principles set out in Act and included in Code of Practice
- Higher penalties for offences under Act
- Hospital direction patients can no longer apply to Tribunal during first six months
- Hospital directions under s45A apply to any mental disorder
- Legal status of Code of Practice set out in Act
- Limitation to the exceptions to the duty to instruct IMCA
- Mental disorder no longer split into separate classifications
- Minor drafting error in MCA 2005 corrected
- New cross-border arrangements for leave and transfer
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- Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
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- Procedure for making of instruments by Welsh Ministers set out
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- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Restriction orders can no longer be time-limited
- SOAD certificate becomes invalid when patient loses or gains capacity
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