Residence test
The Supreme Court has decided that the proposed residence test was unlawful: see the external links on the R (Public Law Project) v SSJ [2014] EWHC 2365 (Admin), [2014] MHLO 46 page. Under the proposed residence test, civil Legal Aid would only be available to those who are lawfully resident (in the UK, Crown Dependencies or British Overseas Territories) at the time the application for civil Legal Aid was made, and also had been so resident for a continuous period of at least 12 months at any point in the past. There were some proposed exceptions to the residence test. In the mental health context, these are services in relation to ‘the discharge of a patient liable to be detained or recalled’ under the MHA 1983 or deprivation of liberty authorised by the MCA 2005 (draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014).
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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- Children and mental health law
- Civil restraint order
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- Euthanasia and assisted suicide
- Ian Brady
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- 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
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- Adult Social Care
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- Application of MHA 1983 to Armed Forces
- Barring order
- Brief glossary
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- Lasting Power of Attorney
- Learning disability
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- Part 36
- Prison law
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- Types of detention
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- 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
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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
- Solicitors Regulation Authority
- Statute Law Database
- Tribunal Procedure Committee
- Venice Commission
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- Psychiatry
- Representation
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