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April 2017 update: Difference between revisions

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==Case law==
==Case law==
*'''Transfer to Broadmoor case.''' [[R (YZ) v Oxleas NHS Foundation Trust (2017) EWCA Civ 203, (2017) MHLO 14]] {{pagesummary|R (YZ) v Oxleas NHS Foundation Trust (2017) EWCA Civ 203, (2017) MHLO 14|d}}
*{{csum|R (YZ) v Oxleas NHS Foundation Trust (2017) EWCA Civ 203}}


*'''Costs case.''' [[Mole v Parkdean Holiday Parks Ltd (2017) EWHC B10 (Costs), (2017) MHLO 13]] {{pagesummary|Mole v Parkdean Holiday Parks Ltd (2017) EWHC B10 (Costs), (2017) MHLO 13|d}}
*'''Costs case.''' [[Mole v Parkdean Holiday Parks Ltd (2017) EWHC B10 (Costs), (2017) MHLO 13]] {{pagesummary|Mole v Parkdean Holiday Parks Ltd (2017) EWHC B10 (Costs), (2017) MHLO 13|d}}

Revision as of 22:30, 24 February 2021

Website

  • Mental Health Law Online CPD scheme: 12 points for £60. Obtain 12 CPD points online by answering monthly questionnaires. The scheme is an ideal way to obtain your necessary hours, or to evidence your continued competence. It also helps to support the continued development of this website, and your subscriptions (and re-subscriptions) are appreciated. For full details and to subscribe, see CPD scheme.

Case law

  • Transfer to Broadmoor. R (YZ) v Oxleas NHS Foundation Trust [2017] EWCA Civ 203 — "This case involves a challenge by way of judicial review to the decision made by a psychiatrist at the Oxleas NHS Foundation Trust (Oxleas), the first respondent, which operates a Medium Secure Unit for psychiatric patients in Dartford, Kent, to seek to transfer the claimant to Broadmoor Hospital (operated by the second respondent to whom I shall refer to as Broadmoor) and the decision of Broadmoor to accept him. ... He challenged the decision made to transfer him to Broadmoor on the basis that it was unlawful and in breach of his rights under the European Convention on Human Rights. He contended that he should have been transferred to a Medium Secure Unit."

Legal Aid Agency

  • Legal Aid Agency, 'Contract Management: Mental Health Guidance' (v2, 3/4/17). The press release (4/4/17) for this updated guidance states: "Updated guidance has been published which helps providers with questions about mental health work under the 2014 Standard Civil Contract. Development of this update follows constructive discussions with the Mental Health Lawyers Association and the Law Society. The updated document clarifies a small number of provisions in the 2014 Standard Civil Contract. For example, the requirements for triggering a Level 2 (Mental Health Proceedings) Fee. The questions covered in the document are the most common ones raised by providers since the introduction of a standard fee scheme for this work in 2008." See Legal Aid#Guidance documents

Law Society

  • Law Society mental capacity (welfare) accreditation scheme. —

Quotation from Law Society website: "This accreditation has been designed to prove your experience to prospective clients and their relatives in representing the needs of vulnerable clients. It has been developed in conjunction with, and approved by, the Court of Protection, pursuant to Rule 3A and Rule 6 of the Court of Protection Rules to provide accredited legal representatives (ALRs)." The scheme commenced on 24/3/17.§ See Law Society mental capacity (welfare) accreditation scheme

Other

  • Lucy Series, 'It's that time again…' (20/4/17). This article notes that in order to vote there is no need to have the mental capacity to vote (s73(1) Electoral Administration Act 2006 states that "[a]ny rule of the common law which provides that a person is subject to a legal incapacity to vote by reason of his mental state is abolished"), but the Electoral Commission is of the view that the declaration of truth on the individual voter registration form must be signed with someone with mental capacity to do so or by a deputy/attorney. See Voting rights for detained patients#Capacity
  • Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2015-17' (updated on 9/4/17). See Newsletters#Edge Training

Events

  • MHLA: Panel course - London, 28/6/17 and 29/6/17 — No results
  • Edge Training: MHA Code of Practice - Preparing for the CQC - London, 22/5/17 — No results

Twitter

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