Legal Aid in the Court of Protection
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See also
External link
- Alex Ruck Keene, 'Legal aid for historic human rights breaches in the CoP' (Court of Protection Handbook, 7/6/16)†. This web page notes that, after permission to apply for judicial review was granted, the LAA conceded that the correct statutory interpretation of LASPO 2012 is that legal aid funding is available to 'P' to bring a claim for damages under the Human Rights Act, within the Court of Protection, not only ongoing but also for historic breaches.
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
- 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
- Jury service
- 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 Tribunal Rules
- Summary of types of detention
- 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
- Admission for assessment
- Admission for treatment
- Admission order
- All types of detention
- Emergency admission for assessment
- Hospital direction
- Hospital order
- Interim hospital order
- Limitation direction
- Notional s37
- Restricted hospital order
- Restricted transfer direction
- Restriction direction
- Restriction order
- Summary of the detaining sections
- Transfer direction
- 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
- Leave of absence
- Mental disorder
- Part 36
- Prison law
- Recall
- Responsible authority
- Sexual Harm Prevention Order
- Transfer
- 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
- Legislation overviews
- 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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