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Alternative formats (via Amazon): '''[http://www.amazon.co.uk/dp/1481965638/ref=nosim?tag=mentalhealthlaw-21 Paperback] |  [http://www.amazon.co.uk/dp/B00B0VJUUE/ref=nosim?tag=mentalhealthlaw-21 Kindle]'''
#redirect[[Annual Review]]
 
See also: [[Annual Review 2011]]
 
==Introduction==
 
The Annual Review 2012 contains all Mental Health Law Online news which appeared in the monthly updates for 2012.
 
It is available online (at http://www.mentalhealthlaw.co.uk/Annual_Review_2012) and in Kindle and printed book format.
 
Further details (often including detailed summaries and case transcripts) can be read by clicking on the relevant links. Readers of the printed book version can either use the website search facility or use the online version of the Annual Review to find the relevant pages.
 
Some cases are marked as '[Summary required]': when summaries are added the online version will automatically be updated.
 
Comments and suggestions are welcome.
 
Jonathan Wilson
 
jonathan@mentalhealthlaw.co.uk
 
January 2013
 
 
==Mental Health Law Online==
 
Features of Mental Health Law Online include:
 
*'''[[CPD scheme]].''' Obtain 12 CPD points per year by completing online multiple-choice questionnaires based on the monthly updates. Suitable for solicitors (SRA-accredited), barristers (established practitioners), psychiatrists, social workers and psychiatric nurses.
 
*'''[[Email updates|Email]] and [[Kindle updates]].''' You can choose whether to receive emails on a monthly or more frequent basis.
 
*'''[[Discussion|Email discussion list]].''' Discuss all aspects of mental health law in England & Wales with other mental health practitioners.
 
*'''[[Main Page|Twitter feed]].''' Follow [http://www.twitter.com/mhlonline @mhlonline].
 
*'''[[Books]].''' A selection of books is available from the online bookshop.
 
*'''[[Main Page|Donations]].''' Mental Health Law Online is free to use and maintained on a voluntary basis. If you or your organisation find the website useful, please consider making a donation to contribute to its upkeep.
 
See http://www.mentalhealthlaw.co.uk for further details.
 
___TOC___
 
==Cases==
===Mental Health Act detention===
====Tribunal procedure====
 
*'''Deferred conditional discharge.''' {{pagesummary|DC v Nottinghamshire Healthcare NHS Trust (2012) UKUT 92 (AAC), (2012) MHLO 53}}
 
*'''Extra-statutory recommendation.''' {{pagesummary|EC v Birmingham and Solihull Mental Health NHS Trust (2012) UKUT 178 (AAC), (2012) MHLO 70}}
 
*'''Delayed discharge of community patient.''' {{pagesummary|CNWL NHS Foundation Trust v HJ-H (2012) UKUT 210 (AAC), (2012) MHLO 88}}
 
*'''Adjournment for information.''' {{pagesummary|AM v West London MH NHS Trust (2012) UKUT 382 (AAC), (2012) MHLO 139}}
 
*'''Consent to treatment.''' {{pagesummary|SH v Cornwall Partnership NHS Trust (2012) UKUT 290 (AAC), (2012) MHLO 143}}
 
*'''Exclusion of evidence.''' {{pagesummary|LN v Surrey NHS Primary Care Trust (2011) UKUT 76 (AAC)}}
 
====Nearest relative====
 
*'''Barring order.''' {{pagesummary|DP v Hywel DDA Health Board (2011) UKUT 381 (AAC)}}
 
*'''Inadequate consultation.''' {{pagesummary|GP v Derby City Council (2012) EWHC 1451 (Admin), (2012) MHLO 58}}
 
====Transfers====
 
*'''Transfer to prison from DSPD.''' {{pagesummary|R (W) v Dr Larkin (2012) EWHC 556 (Admin), (2012) MHLO 23}}
 
*'''Transfer to prison.''' {{pagesummary|R (RW) v SSJ (2012) EWHC 2082 (Admin), (2012) MHLO 87}}
 
*'''Lawfulness of hospital transfer decision.''' {{pagesummary|R (L) v West London MH NHS Trust (2012) EWHC 3200 (Admin), (2012) MHLO 114}}
 
====First-tier Tribunal decisions====
 
*'''Public hearing and publicity.''' {{pagesummary|Re Ian Brady (2012) MHLO 19 (FTT)}}
 
:*'''Wesley Johnson, 'Ian Brady to face mental health tribunal in public' (Independent, 10/3/12).'''
 
*'''Media presence.''' {{pagesummary|Re Ian Brady (2012) MHLO 75 (FTT)}}
 
*'''Adjournment.''' {{pagesummary|Re Ian Brady (2012) MHLO 76 (FTT)}}
 
:*'''Sam Jones and Helen Carter, 'Moors murderer Ian Brady's mental health advocate arrested' (Guardian, 17/8/12).'''
 
:*'''Gordon Rayner, 'Ian Brady "right to die" tribunal postponed after seizure' (Telegraph, 6/7/12).'''
 
*'''Hearing date in 2013.''' {{pagesummary|Re Ian Brady (2012) MHLO 145 (FTT)}}
 
====Leave to appeal====
See also: [[#Northern Ireland]]
 
*'''Section 139 case.''' {{pagesummary|DD v Durham County Council (2012) EWHC 1053 (QB), (2012) MHLO 51}}
 
===After-care and community care===
====Judicial review====
 
*'''Section 117 responsibility.''' {{pagesummary|R (Sunderland City Council) v South Tyneside Council (2012) EWCA Civ 1232, (2012) MHLO 117}}
 
*'''After-care.''' {{pagesummary|R (BA) v LB Hillingdon (2012) EWHC 3050 (Admin), (2012) MHLO 148}}
 
*'''Safeguarding vulnerable adults.''' Community care case. {{pagesummary|Davis v West Sussex County Council (2012) EWHC 2152 (QB), (2012) MHLO 83}}
 
*'''Community care.''' {{pagesummary|R (Okil) v LB Southwark (2012) EWHC 1202 (Admin), (2012) MHLO 122}}
 
*'''RAS.''' {{pagesummary|R (KM) v Cambridgeshire CC (2012) UKSC 23, (2012) MHLO 57}}
 
*'''Needs assessment.''' {{pagesummary|R (NM) v LB Islington (2012) EWHC 414 (Admin), (2012) MHLO 11}}
 
====Local Government Ombudsman====
 
*'''Choice.''' {{pagesummary|LGO decision: Kent County Council 11 001 504 (2012) MHLO 101}}
 
*'''Turning 18.''' {{pagesummary|LGO decision: Kent County Council 10 012 742 (2012) MHLO 102}}
 
*'''Section 117.''' {{pagesummary|Avon and Wiltshire MH Partnership NHS Trust and Wiltshire Council 09 005 439 (2012) MHLO 147 (LGO)}}
 
*'''DOLS.''' {{pagesummary|LGO decision: Dorothy 10 013 715 (2010) MHLO 198}}
 
*'''DOLS.''' {{pagesummary|LGO decision: Jones 10 010 739 (2010) MHLO 199}}
 
===Court of Protection===
====Welfare====
See also: [[#Articles in relation to unreported judgments]]
 
*'''Family life starting point.''' {{pagesummary|Re L; K v LBX (2012) EWCA Civ 79}}
 
*'''Stephen Neary damages.''' {{pagesummary|Re Steven Neary; LB Hillingdon v Steven Neary (2012) MHLO 71 (COP)}}
 
*'''Suitability of expert.''' {{pagesummary|Re BS; SC v BS (2012) MHLO 78 (COP)}}
 
*'''Contact with friend.''' {{pagesummary|Re MW; LB Hammersmith and Fulham v MW (2012) MHLO 82 (COP)}}
 
*'''Property sale to fund care.''' {{pagesummary|Re Clarke (2012) EWHC 2256 (COP), (2012) MHLO 107}}
 
*'''Property sale to fund care.''' {{pagesummary|Re Clarke (2012) EWHC 2714 (COP), (2012) MHLO 108}}
 
*'''Various capacity issues.''' {{pagesummary|A, B and C v X, Y and Z (2012) EWHC 2400 (COP), (2012) MHLO 112}}
 
*'''Article 8 safeguards.''' {{pagesummary|J Council v GU (2012) EWHC 3531 (COP), (2012) MHLO 137}}
 
:*'''Alison Easton, 'J Council v GU & Ors' (Family Law Week, 13/12/12).'''
 
*'''Return to live with mother.''' {{pagesummary|LB Haringey v FG (No. 2) (2011) EWHC 3933 (COP)}}
 
*'''Various capacity issues.''' {{pagesummary|LB Haringey v FG (No. 1) (2011) EWHC 3932 (COP)}}
 
====Deprivation of liberty====
See also: [[#Paying for treatment]]; [[#European Court decisions]]; [[#Local Government Ombudsman]]
 
*'''Placement in care home.''' {{pagesummary|Re VW; NK v VW (2011) COP 27/10/10 11744555}}
 
*'''Guardianship.''' {{pagesummary|Re C; C v Blackburn and Darwen Borough Council (2011) EWHC 3321 (COP)}}
 
:*'''Jonathan Butler, 'C (by his litigation friend, the Official Solicitor) v Blackburn with Darwen Borough Council & A Care Home & Blackburn with Darwen Teaching Care Trust' (commentary) (11/1/12).'''
 
*'''Holiday cruise.''' (Transcript added and summary updated.) {{pagesummary|Cardiff Council v Peggy Ross (2011) COP 28/10/11 12063905}}
 
*'''Return to Nigeria.''' {{pagesummary|A London Borough v VT (2011) EWHC 3806 (COP)}}
 
*'''Kettling.''' {{pagesummary|Austin v UK 39692/09 (2012) ECHR 459, (2012) MHLO 22}}
 
*'''DOLS appeal.''' {{pagesummary|EM v SC (2012) EWHC 1518 (COP), (2012) MHLO 56}}
 
*'''DOLS appeal.''' {{pagesummary|Re HA (2012) EWHC 1068 (COP), (2012) MHLO 67}}
 
*'''Capacity and DOL.''' {{pagesummary|Re KK; CC v KK (2012) EWHC 2136 (COP), (2012) MHLO 89}}
 
====Sex====
 
*'''Sexual relations.''' {{pagesummary|Re H; A Local Authority v H (2012) EWHC 49 (COP), (2012) MHLO 3}}
 
:*'''Martin Beckford, 'Autistic woman banned from having sex in latest Court of Protection case' (Daily Telegraph, 3/2/12).'''
 
*<b>Arranged marriage.</b> {{pagesummary|XCC v AA (2012) EWHC 2183 (COP), (2012) MHLO 80}}
 
:*'''Martin Beckford, 'Judge attacks forced marriage that put disabled woman "at risk"' (Telegraph, 16/8/12).'''
 
*'''Resumption of married life.''' {{pagesummary|CYC v PC and NC (2012) MHLO 103 (COP)}}
 
====Medical====
 
*'''PVS case.''' {{pagesummary|Re D; An NHS Trust v D (2012) EWHC 885 (COP), (2012) MHLO 47}}
 
*'''Anorexia treatment.''' {{pagesummary|Re E (Medical treatment: Anorexia) (2012) EWHC 1639 (COP), (2012) MHLO 55}}
 
:*'''Daniel Sokol, '"As hard as it gets": the case of anorexic E and the right to die' (Guardian, 19/6/12).'''
 
*'''Advance decision.''' {{pagesummary|X Primary Care Trust v XB (2012) EWHC 1390 (Fam), (2012) MHLO 54}}
 
:*'''Steve Doughty, 'Father of two with motor neurone disease wins right to die by blinking his eye after judge's landmark ruling' (Daily Mail, 1/5/12).'''
 
*'''Removal from ventilator.''' {{pagesummary|NHS Trust v Baby X (2012) EWHC 2188 (Fam), (2012) MHLO 99}}
 
:*'''Martin Beckford, 'Judge says religious couple's brain-damaged baby can be allowed to die' (Telegraph, 31/7/12).'''
 
*'''Withholding future life-sustaining treatment.''' {{pagesummary|An NHS Trust v DJ (2012) EWHC 3524 (COP), (2012) MHLO 138}}
 
:*'''Daily Telegraph, 'Family fight to keep father alive in court battle' (7/12/12).'''
 
*'''Withholding future life-sustaining treatment.''' {{pagesummary|Re KH (A child); An NHS Trust v Mr and Mrs H (2012) EWHC B18 (Fam), (2012) MHLO 142}}
 
*'''Cancer surgery.''' {{pagesummary|NHS Trust v K (2012) EWHC 2922 (COP), (2012) MHLO 150}}
 
*'''Vegetative state.''' {{pagesummary|A Local Health Board v J (2012) MHLO 158 (COP)}}
 
:*'''John Aston, 'Brain damaged woman allowed to "die with dignity", judge rules' (Independent, 13/11/12).''' This article sets out some further details of the evidence which do not appear in the All ER (D) report of the ex tempore judgment.
 
*'''Withholding future treatment.''' {{pagesummary|Re L; The NHS Trust v L (2012) EWHC 2741 (COP), (2012) MHLO 159}}
 
:*'''BBC, 'Anorexic woman not to be force-fed, judge rules' (24/8/12).'''
 
====Financial====
 
*'''Inheritance tax.''' {{pagesummary|Re JDS; Kevin Smyth v JDS (2012) COP 19334473 19/1/12, (2012) MHLO 4}}
 
====Costs====
 
*'''OS's application for costs.''' {{pagesummary|B v B (2010) EWHC 543 (Fam)}}
 
*'''Costs order against local authority.''' {{pagesummary|Re Steven Neary; LB Hillingdon v Steven Neary (2011) EWHC 3522 (COP)}}
 
:*'''What Do They Know website, 'Cost to HBC of legal proceedings in Neary v Hillingdon' (FOI request made 27/7/12).''' The FOI reply, dated 24/8/12, states that the costs to LB Hillingdon were: (1) solicitor costs 464.35 in-house hours (£32,318.31 at notional charge-out rate of approx £69.60ph); (2) counsel £32182; (3) expert reports £5231.65; (4) compensation £35,000; (5) court costs ordered and future costs not known at time of reply.
 
*<b>Costs order.</b> {{pagesummary|Re AH (Costs); AH v Hertfordshire Partnership NHS Foundation Trust (2011) EWHC 3524 (COP)}}
 
*'''OS's costs in medical cases.''' {{pagesummary|Re D (Official Solicitor's costs); An NHS Trust v D (2012) EWHC 886 (COP), (2012) MHLO 48}}
 
*'''Costs.''' {{pagesummary|Re Clarke (2012) EWHC 2947 (COP), (2012) MHLO 109}}
 
*'''Costs order against local authority.''' {{pagesummary|Re CP; WBC v CP (2012) EWHC 1944 (COP), (2012) MHLO 144}}
 
:*'''Alison Easton, 'WBC v CP & Ors' (Family Law Week, 30/10/12).'''
 
====Foreign orders====
 
*'''Hague Convention on International Protection of Adults.''' {{pagesummary|Re M (2011) EWHC 3590 (COP)}}
 
*'''Brussels II Revised.''' {{pagesummary|HSE Ireland v SF (A Minor) (2012) EWHC 1640 (Fam), (2012) MHLO 69}}
 
====Inherent jurisdiction====
 
*'''Inherent jurisdiction survives MCA.''' {{pagesummary|DL v A Local Authority (2012) EWCA Civ 253, (2012) MHLO 32}}
 
:*'''Martha Spurrier, 'The great safety net' (Solicitors Journal, 2/4/12).'''
 
:*'''Moira Sofaer, 'Can the Court Protect Vulnerable Adults who have Capacity?' (Family Law Week, 27/9/12.'''
 
*'''Inherent jurisdiction invoked.''' {{pagesummary|Re G (2012) EWCA Civ 431, (2012) MHLO 52}}
 
====Statutory will====
 
*'''Statutory will.''' {{pagesummary|Re JC; D v JC (2012) MHLO 35 (COP)}}
 
====Deputyship====
 
*'''Removal of deputy.''' {{pagesummary|Re EB; IB v RC (2011) EWHC 3805 (COP)}}
 
*'''Order of preference.''' {{pagesummary|Re AS; SH v LC (2012) MHLO 113 (COP)}}
 
====Other====
 
*'''Joinder.''' {{pagesummary|Re SK (2012) EWHC 1990 (COP), (2012) MHLO 98}}
 
*'''Imprisonment for contempt.''' {{pagesummary|SCC v JM (2012) MHLO 111 (COP)}}
 
===Capacity generally===
See also: [[#Criminal law]]
 
*'''Police detention.''' {{pagesummary|ZH v Commissioner of Police for the Metropolis (2012) EWHC 604 (QB), (2012) MHLO 25}}
 
:*'''Owen Bowcott, 'Autistic teenager wins damages from police after being restrained' (Guardian, 14/3/12).'''
 
*'''Capacity to settle claim.''' {{pagesummary|Dunhill v Burgin (2012) EWCA Civ 397, (2012) MHLO 33}}
 
:*'''Supreme Court permission granted on 23/10/12'''
 
*'''Application of compromise rule.''' {{pagesummary|Dunhill v Burgin (2012) EWHC 3163 (QB), (2012) MHLO 115}}
 
*'''Capacity to consent under Children Act.''' {{pagesummary|Re CA (A Baby); Coventry City Council v C (2012) EWHC 2190 (Fam), (2012) MHLO 110}}
 
:*'''Rick Dewsbury, 'Social workers took newborn baby from mother by obtaining her consent while she was dosed up with morphine' (Mail, 16/8/12).'''
 
===Criminal law===
 
*'''Provocation defence.''' {{pagesummary|R v Clinton (2012) EWCA Crim 2, (2012) MHLO 2}}
 
*'''Hybrid order granted.''' {{pagesummary|R v Stead (2012) EWCA Crim 92, (2012) MHLO 9}}
 
*'''Appeal against restriction order.''' {{pagesummary|R v Chiles (2012) EWCA Crim 196, (2012) MHLO 10}}
 
*'''Appeal against restriction order.''' {{pagesummary|R v SCL (2012) EWCA Crim 182, (2012) MHLO 16}}
 
*'''Diminished responsibility.''' {{pagesummary|R v Dowds (2012) EWCA Crim 281, (2012) MHLO 18}}
 
*'''Appeal against tariff.''' {{pagesummary|R v Levey (2012) EWCA Crim 657, (2012) MHLO 34}}
 
*'''Appeal against IPP.''' {{pagesummary|R v Ahmed (2012) EWCA Crim 708, (2012) MHLO 40}}
 
*'''Voyeurism.''' {{pagesummary|R v B (2012) EWCA Crim 770, (2012) MHLO 42}}
 
*'''Appeal against restriction order.''' {{pagesummary|R v Parkins (2012) EWCA Crim 856, (2012) MHLO 50}}
 
*'''Appeal against IPP.''' {{pagesummary|R v Fletcher (2012) EWCA Crim 1550, (2012) MHLO 86}}
 
*'''Apparent consent to sexual relations.''' {{pagesummary|C v R (2012) EWCA Crim 2034, (2012) MHLO 104}}
 
*'''Appeal against life sentence.''' {{pagesummary|R v Petrolini (2012) EWCA Crim 2055, (2012) MHLO 105}}
 
*'''Unfitness and exclusion of evidence.''' {{pagesummary|R v B (2012) EWCA Crim 1799, (2012) MHLO 119}}
 
*'''Appeal against IPP.''' {{pagesummary|R v Tudor (2012) EWCA Crim 1507, (2012) MHLO 127}}
 
*'''Neglect under s44 MCA.''' {{pagesummary|R v Ligaya Nursing (2012) EWCA Crim 2521, (2012) MHLO 134}}
 
*'''Sentencing and personality disorder.''' {{pagesummary|AG's reference (no 60 of 2012) sub nom R v Edwards (2012) EWCA Crim 2746, (2012) MHLO 135}}
 
*'''Capacity issues in Youth Court.''' {{pagesummary|G v DPP (2012) EWHC 3174 (Admin), (2012) MHLO 140}}
 
*'''Appeal against hybrid order.''' {{pagesummary|R v Jenkin (2012) EWCA Crim 2557, (2012) MHLO 141}}
 
*'''Appeal against YOI detention.''' {{pagesummary|R v Searles (2012) EWCA Crim 1839, (2012) MHLO 155}}
 
*'''Appeal agaisnt YOI detention.''' {{pagesummary|R v Searles (2012) EWCA Crim 2685, (2012) MHLO 156}}
 
*'''Appeal against IPP.''' {{pagesummary|R v Channer (2012) EWCA Crim 1667, (2012) MHLO 157}}
 
===Repatriation/immigration===
 
*'''Immigration case.''' {{pagesummary|R (Moussaoui) v SSHD (2012) EWHC 126 (Admin), (2012) MHLO 8}}
 
*'''Extradition case.''' {{pagesummary|Republic of South Africa v Dewani (2012) EWHC 842 (Admin), (2012) MHLO 37}}
 
*'''Immigration case.''' {{pagesummary|MM (Zimbabwe) v SSHD (2012) EWCA Civ 279, (2012) MHLO 38}}
 
*'''Unlawful detention.''' {{pagesummary|R (HA (Nigeria)) v SSHD (2012) EWHC 979 (Admin), (2012) MHLO 41}}
 
*'''Extradition case.''' {{pagesummary|Turner v Government of the USA (2012) EWHC 2426 (Admin), (2012) MHLO 84}}
 
*'''Immigration case.''' {{pagesummary|R (C) v SSHD (2012) EWHC 801 (Admin), (2012) MHLO 118}}
 
*'''Extradition case.''' {{pagesummary|Lacki v Poland (2012) EWHC 1747 (Admin), (2012) MHLO 120}}
 
*'''Deportation case.''' {{pagesummary|R (LE (Jamaica)) v SSHD (2012) EWCA Civ 597, (2012) MHLO 124}}
 
*'''Immigration case.''' {{pagesummary|C v SSHD (2012) EWHC 1543 (Admin), (2012) MHLO 125}}
 
*'''Immigration case.''' {{pagesummary|R (Lamari) v SSHD (2012) EWHC 1630 (Admin), (2012) MHLO 126}}
 
*'''Deportation of EU citizen.''' {{pagesummary|JO (qualified person - hospital order - effect) Slovakia (2012) UKUT 237 (IAC), (2012) MHLO 132}}
 
*'''Immigration case.''' {{pagesummary|R (O) v SSHD (2012) EWHC 2899 (Admin), (2012) MHLO 149}}
 
*'''Unlawful detention.''' {{pagesummary|R (D) v SSHD (2012) EWHC 2501 (Admin), (2012) MHLO 153}}
 
===European Convention on Human Rights===
Cases are listed under one heading but may involve more than one Article. See also relevant thematic headings.
 
====Article 2====
 
*'''Article 2 and informal patients.''' {{pagesummary|Rabone v Pennine Care NHS Foundation Trust (2012) UKSC 2}}
 
:*'''Mind, 'Supreme Court ruling welcomed by Mind and leading human rights organisations' (8/2/12).
 
:*'''Neil Munro, 'Rabone v Pennine Care NHS Trust – some scattered reflections' (Mental Health and Mental Capacity Law Blog, 7/3/12).''' This article concludes: 'If risk averse mental health services take Rabone to heart we may be looking at a situation where all patients regardless of legal situation are subject to a very high degree of de facto control over their movements in order to avert even a small likelihood that they may leave the hospital and kill themselves.'
 
:*'''Press articles about Supreme Court decision in ''Rabone'' case:''' Matthew Hill, 'Rabone and the rights to life of voluntary mental health patients' (UK Human Rights Blog, 12/2/12); Kirsten Sjøvoll, 'Case Comment: Rabone & Anor v Pennine Care NHS Trust (2012) UKSC 2' (UKSC Blog, 15/2/12); Nigel Poole, 'Protecting the vulnerable' (Local Government Lawyer, 15/2/12); BBC News, 'Suicidal woman failed by Stockport mental health trust' (8/2/12).
 
*'''Article 2 and informal patients.''' {{pagesummary|Reynolds v UK 2694/08 (2012) ECHR 437, (2012) MHLO 30}}
 
====Article 3====
 
*'''Section 136.''' {{pagesummary|MS v UK 24527/08 (2012) ECHR 804, (2012) MHLO 46}}
 
:*'''ECtHR, 'Prolonged police detention of mentally-ill man without adequate medical care violated his Convention rights' (Press release ref ECHR 195 (2012), 3/5/12).''' This is the court's summary of the judgment.
 
:*'''Rosalind English, 'Delay in transferring mental health patient for treatment amounted to "inhumane treatment"' (3/5/12).''' This article concludes: 'This is a prime example of using Article 3 as a social and economic right, not a basic civil right, and thus extended leaves publicly funded authorities to carry out difficult jobs with threats of litigation looming on all sides. The UK courts recognised this claim for what it was, and dismissed it. Strasbourg should have done the same.' See [[MS v UK 24527/08 (2012) ECHR 804, (2012) MHLO 46]]
 
:*'''Mental Health Cop Blog, 'MS v UK' (4/5/12).''' This article is in favour of the MS v UK judgment and makes points in relation to (1) place of safety arguments, (2) accessing psychiatric beds, (3) media coverage, and (4) implications.
 
*'''Overcrowded psychiatric ward.''' {{pagesummary|Parascineti v Romania 32060/05 (2012) MHLO 59 (ECHR)}}
 
*'''Harassment.''' {{pagesummary|Dordevic v Croatia 41526/10 (2012) ECHR 1640, (2012) MHLO 136}}
 
:*'''Neil Munro, 'Dordevic v Croatia' (Mental Health and Mental Capacity Law Blog, 26/7/12).'''
 
====Article 5====
 
*'''Social care home.''' {{pagesummary|Stanev v Bulgaria 36760/06 (2012) ECHR 46, (2012) MHLO 1}}
 
:*'''European Court of Human Rights, 'Bulgaria breached human rights of man forced to live for years in inhuman conditions in psychiatric institution' (press release, 17/1/12); Lucy Series, 'Mr Stanev's fine achievement' (The Small Places Blog, 20/1/12); Mental Disability Advocacy Center, 'Europe’s highest human rights court issues landmark disability rights ruling' (17/1/12); Neil Munro, 'Stanev v Bulgaria' (commentary) (Mental Health and Mental Capacity Law Blog, 19/1/12).
 
*'''Psychiatric institution.''' {{pagesummary|DD v Lithuania 13469/06 (2012) ECHR 254, (2012) MHLO 29}}
 
*'''Seclusion.''' {{pagesummary|Munjaz v UK 2913/06 (2012) MHLO 79 (ECHR)}}
 
====Article 6====
 
*'''Official Solicitor's role.''' {{pagesummary|RP v UK 38245/08 (2012) ECHR 1796, (2012) MHLO 102}}
 
*'''Compulsory treatment.''' {{pagesummary|X v Finland 34806/04 (2012) ECHR 1371, (2012) MHLO 128}}
 
:*'''Mental Health and Mental Capacity Law Blog, 'X v Finland - Are we in trouble?' (18/7/12).''' This article argues that '[i]t is at best highly doubtful that the approach in the Mental Health Act 1983, where compulsory treatment flows from detention automatically and with limited distinct procedural and substantive safeguards, is consistent with Article 8 of the ECHR'.
 
===Powers of Attorney===
====Lasting Power of Attorney====
These are the official summaries from the Justice website
 
*'''Severance of invalid restrictions as to when a replacement attorney may act.''' {{pagesummary|Re Evans (2011) COP 24/11/11}}
 
*'''Severance of invalid restrictions as to when a replacement attorney may act.''' {{pagesummary|Re Tucker (2011) COP 9/12/11}}
 
*'''Capacity to make an LPA.''' {{pagesummary|Re Lane (2012) MHLO 15 (LPA)}}
 
*'''Severance of invalid restrictions relating to gifts''' {{pagesummary|Re Forrest (2012) MHLO 20 (LPA)}}
 
*'''Whether the instrument has been correctly executed.''' {{pagesummary|Re H (2012) MHLO 21 (LPA)}}
 
*'''Severance of restrictions incompatible with an LPA.''' {{pagesummary|Re Batchelor (2012) MHLO 43 (LPA)}}
 
*'''Severance of invalid restrictions relating to gifts.''' {{pagesummary|Re Bloom (2012) MHLO 44 (LPA)}}
 
*'''Severance of invalid restrictions relating to gifts.''' {{pagesummary|Re Drew (2012) MHLO 45 (LPA)}}
 
*'''Eligibility of Certificate Provider.''' {{pagesummary|Re Phillips (2012) MHLO 60 (LPA)}}
 
*'''Severance of restrictions incompatible with an appointment to act jointly in some matters and jointly and severally in others.''' {{pagesummary|Re Llewelyn (2012) MHLO 61 (LPA)}}
 
*'''Appointment of office holder as attorney.''' {{pagesummary|Re McGreen (2012) MHLO 62 (LPA)}}
 
*'''Whether the instrument has been correctly executed.''' {{pagesummary|Re Smith (2012) MHLO 63 (LPA)}}
 
*'''Severance of invalid restrictions relating to gifts.''' {{pagesummary|Re Strange (2012) MHLO 64 (LPA)}}
 
*'''Severance of invalid restrictions relating to gifts.''' {{pagesummary|Re O'Brien (2012) MHLO 65 (LPA)}}
 
*'''Investigation into and revocation of LPA.''' {{pagesummary|Re Harcourt (2012) MHLO 74 (LPA)}}
 
*'''Severance of restrictions incompatible with an LPA.''' {{pagesummary|Re Norris (2012) MHLO 90 (LPA)}}
 
*'''Severance of restrictions incompatible with an LPA.''' {{pagesummary|Re Darlison (2012) MHLO 91 (LPA)}}
 
*'''Severance of restrictions incompatible with a Health and Welfare LPA.''' {{pagesummary|Re Kerron (2012) MHLO 92 (LPA)}}
 
*'''Severance of restrictions incompatible with a Health and Welfare LPA.''' {{pagesummary|Re Sheppard (2012) MHLO 93 (LPA)}}
 
*'''Severance of restrictions incompatible with a joint and several appointment.''' {{pagesummary|Re Dowden (2012) MHLO 94 (LPA)}}
 
*'''Survivor of original joint appointment cannot act with replacement.''' {{pagesummary|Re Krajicek (2012) MHLO 95 (LPA)}}
 
*'''Severance of invalid restrictions relating to gifts.''' {{pagesummary|Re Burdock (2012) MHLO 96 (LPA)}}
 
*'''Whether the instrument is in prescribed form.''' {{pagesummary|Re Gunn (2012) MHLO 97 (LPA)}}
 
*'''Severance of restrictions incompatible with an appointment to act jointly in some matters and jointly and severally in others.''' {{pagesummary|Re Edmonds (2012) MHLO 129 (LPA)}}
 
====Enduring Power of Attorney====
These are the official summaries from the Justice website
 
*'''Severance of restrictions incompatible with a joint and several appointment.''' {{pagesummary|Re Taylor (2012) MHLO 24 (EPA)}}
 
*'''Unsuitable attorney.''' {{pagesummary|Re Stapleton (2012) MHLO 72 (EPA)}}
 
*'''Immaterial differences from the prescribed form.''' {{pagesummary|Re Newman (2012) MHLO 73 (EPA)}}
 
*'''Severance of restriction fettering attorney’s authority.''' {{pagesummary|Re Johnston (2012) MHLO 130 (EPA)}}
 
===Other jurisdictions===
====Scotland====
 
*'''Preliminary decision.''' {{pagesummary|JB v MHTS (2012) ScotSC 4}}
 
*'''Excessive security.''' {{pagesummary|RM v Scottish Ministers (2012) UKSC 58, (2012) MHLO 133}}
 
====Northern Ireland====
 
*'''Leave to appeal.''' {{pagesummary|X v MHRT for NI (2012) NIQB 1}}
 
====Southern Ireland====
 
*'''Detention challenge.''' {{pagesummary|Han v President of the Circuit Court (2008) IEHC 160}}
 
*'''Treatment in best interests.''' {{pagesummary|Re JO'B; HSE v JO'B (2011) IEHC 73}}
 
*'''Preventive detention.''' {{pagesummary|The People (at the suit of the Director of Public Prosecutions) v McMahon (2011) IECCA 94}}
 
*'''Detention of volutary patient.''' {{pagesummary|L v Clinical Director of St Patrick's University Hospital (2012) IEHC 15, (2012) MHLO 36}}
 
*'''Meaning of 'examination'.''' {{pagesummary|XY v Clinical Director of St Patrick's University Hospital (2012) IEHC 224}}
 
===Other cases===
====Paying for treatment====
 
*'''Paying for deprivation of own liberty.''' {{pagesummary|DM v Doncaster MBC (2011) EWHC 3652 (Admin)}}
 
:*'''Michael Kennedy and Bilkiss Bashir, 'Short Changed' (Private Client Adviser, February 2012).''' This article concludes: 'For now, the argument as to the legality and power for a local authority to charge someone deprived of their liberty and compelled to live in a care home remains open to lively debate.'
 
*'''Paying for treatment.''' {{pagesummary|Coombs v Dorset NHS PCT (2012) MHLO 13 (QBD)}}
 
====Limitation periods====
 
*'''Limitation periods.''' {{pagesummary|Seaton v Seddon (2012) EWHC 735 (Ch), (2012) MHLO 28}}
 
*'''Limitation periods.''' {{pagesummary|RAR v GGC (2012) EWHC 2338 (QB), (2012) MHLO 154}}
 
====Housing benefit====
 
*'''Housing benefit.''' {{pagesummary|Wychavon District Council v EM (HB) (2012) UKUT 12 (AAC), (2012) MHLO 5}}
 
:*'''Anthony Collins Solicitors, 'Tenants lacking mental capacity signing tenancy agreements' (23/2/12).''' This briefing summarises the ''Wychavon'' case and sets out the consequences for housing providers.
 
*'''Housing benefit.''' {{pagesummary|Wirral MBC v Salisbury Independent Living Ltd (2012) EWCA Civ 84, (2012) MHLO 27}}
 
====Negligence====
 
*'''Interim payment for trial accommodation.''' {{pagesummary|Sedge v Prime (2012) MHLO 66 (QB)}}
 
*'''Member of public assaulted by patient.''' {{pagesummary|Buck v Norfolk and Waveney MH NHS Foundation Trust (2012) MHLO 123 (CC)}}
 
*'''Employee assaulted  by patient.''' {{pagesummary|Selwood v Durham CC (2012) EWCA Civ 979, (2012) MHLO 160}}
 
====Housing law====
 
*'''Possession order.''' {{pagesummary|Southend-on-Sea BC v Armour (2012) EWHC 3361 (QB), (2012) MHLO 152}}
 
:*'''Nearly Legal Blog, 'Proportionality - between claim and hearing' (21/10/12).'''
 
*'''Possession order.''' {{pagesummary|Southend-on-Sea BC v AR (2012) EW Misc 25 (CC)}}
 
====Legal Aid====
 
*'''Experts' costs.''' {{pagesummary|Re DS; A Local Authority v DS (2012) EWHC 1442 (Fam), (2012) MHLO 68}}
 
*'''Rejection of Legal Aid tender.''' {{pagesummary|R (Hossacks) v Legal Services Commission (2012) EWCA Civ 1203, (2012) MHLO 106}}
 
====Articles in relation to 2011 cases====
 
*'''DOLS and holiday.''' {{pagesummary|Cardiff Council v Peggy Ross (2011) COP 28/10/11 12063905}}
 
:*'''Martin Beckford, 'Elderly couple forced to go to court over council holiday ban' (Telegraph, 20/1/12).'''
 
*'''Community care.''' {{pagesummary|R (Nassery) v LB Brent (2011) EWCA Civ 539}}
 
:*'''Permission to appeal to Supreme Court refused on 28/11/11.'''
 
*'''Tribunal discharge.''' {{pagesummary|SSJ v RB (2011) EWCA Civ 1608}}
 
:*'''John O'Donnell, 'Defining Liberty' (Solicitors Journal, 14/2/12).'''
 
*'''Community care.''' {{pagesummary|R (KM) v Cambridgeshire CC (2011) EWCA Civ 682}}
 
:*'''Local Government Lawyer, 'Supreme Court decides not to review key 1997 community care resources ruling' (20/2/12).'''
 
*'''Deprivation of liberty.''' {{pagesummary|Re C; C v Wigan Borough Council (2011) EWHC 1539 (Admin)}}
 
:*'''Irwin Mitchell Solicitors, 'Mother Proved Right As Son Freed From Padded Room Hell Makes Progress' (29/3/12).''' 'Court Anonymity Order Lifted Naming Wigan Borough Council As Local Authority Which Locked Up Her Autistic Son.'
 
====Articles in relation to Cheshire West====
 
*'''Definition of deprivation of liberty.''' {{pagesummary|Cheshire West and Chester Council v P (2011) EWCA Civ 1257}}
 
:*'''David Hewitt, 'Purpose alone can no longer determine if there is a deprivation of liberty' (Solicitors Journal, 16/4/12).''' This article argues that the reference in the Court of Appeal decision in Cheshire West to 'purpose' as being relevant to the objective element of deprivation of liberty is not supported by the subsequent ECtHR decision in Austin. See [[Cheshire West and Chester Council v P (2011) EWCA Civ 1257]]
 
:*'''David Hewitt, 'Deprivation of liberty can never be "normal"' (Solicitors Journal, 21/5/12).''' Another article critical of the Court of Appeal's decision in Cheshire West. See [[Cheshire West and Chester Council v P (2011) EWCA Civ 1257]]
 
:*'''Morgan Cole Solicitors, 'Deprivation of Liberty case update' (January 2012).''' The 'Action required' conclusion of this briefing states: 'The guidance contained in this judgment should be disseminated to those who work with patients and service users who lack capacity and are responsible for care planning. The case clarifies that where there is no evidence to show that an individual’s living arrangements in a hospital or care home are significantly different from the kind of life that anyone with their disability could normally expect wherever and in whatever setting they were living, the provision of their care and treatment will not, of itself, amount to a deprivation of liberty.' See [[Cheshire West and Chester Council v P (2011) EWCA Civ 1257#External_links]]
 
:*'''John O'Donnell, 'Cheshire West and Chester Council v P' (commentary) (O'Donnells Solicitors information sheet, January 2012, no 2).''' This article is critical of recent case law on what constitutes a deprivation of liberty. See [[Cheshire West and Chester Council v P (2011) EWCA Civ 1257#External_links]]
 
:*'''O'Donnells Solicitors, 'Latest news: Cheshire West' (May 2012, no 1)''' and '''O'Donnells Solicitors, 'Cheshire West Latest' (May 2012, no 3).''' The Supreme Court is expected to decide on leave to appeal in the Cheshire West and P & Q cases by the end of June 2012. See [[Cheshire West and Chester Council v P (2011) EWCA Civ 1257]]
 
:*'''O'Donnells Solicitors, 'Cheshire West and Chester Council -v- P and M' (11/7/12).''' The Supreme Court has given leave to appeal the decisions in ''Cheshire West'' and ''P and Q''. See [[Cheshire West and Chester Council v P (2011) EWCA Civ 1257]]
 
:*'''The Supreme Court may hear the Cheshire West case from 22/10/13 to 24/10/13... but the Supreme Court registry say the hearing dates have not been confirmed.'''
 
====Articles in relation to unreported judgments====
Details at: [[Settled cases and forthcoming judgments]]
 
*'''Re GR (deprivation of liberty and contact, Hedley J).''' Sarah Cassidy, 'Foster parents told to stay away from "autistic" man' (Independent, 11/2/12).
 
*'''Re S (Kidney dialysis, Parker J).''' Stephen Adams, 'Kidney failure patient forced to have dialysis' (Telegraph, 29/5/12).
 
*'''Re HH (needle phobia etc, Pauffley J).''' Cathy Gordon, 'NHS trust wins intervention ruling over man's life-prolonging treatment' (9/8/12). The judge decided that '[i]t would be not only inappropriate, it would be distressing for him to be subjected to any aggressive forms of treatment of a kind that may result in some short prolongation of what has to be seen as a distressing life.'
 
*'''Re AWA (do not resuscitate).''' Jane Dreaper, 'Down's syndrome patient challenges resuscitation order' (BBC, 13/9/12). The basis of the claim is that a do-not-resuscitate order was placed on the patient's file (on account of 'Down's syndrome, unable to swallow (Peg [percutaneous endoscopic gastrostomy] fed), bed bound, learning difficulties') without consulting or informing him or his family and without provision for review.
 
*'''Re L (minimally-conscious state, Moylan J).''' Terri Judd, 'Family "devastated" as court orders life saving treatment is to be withheld if the condition of their severely ill father deteriorates significantly' (Independent, 8/10/12). Although L was in a minimally-conscious state rather than a vegetative state (as originally asserted by the Trust), Moylan J held that it would be in L's best interests to withhold life saving treatment if his condition deteriorated significantly.
 
====Miscellaneous====
 
*'''Employment case.''' {{pagesummary|Crawford v Suffolk MH Partnership NHS Trust (2012) EWCA Civ 138, (2012) MHLO 14}}
 
*'''Contract to provide care.''' {{pagesummary|R (Broadway Care Centre Ltd) v Caerphilly County Borough Council (2012) EWHC 37 (Admin), (2012) MHLO 26}}
 
*'''Judicial review costs.''' {{pagesummary|R (Sutton) v Calderdale Council (2012) EWHC 637 (Admin), (2012) MHLO 39}}
 
*'''PI quantum case.''' {{pagesummary|Verlander v Rahman (2012) EWHC 1026 (QB), (2012) MHLO 49}}
 
*'''Mercy killing case.''' {{pagesummary|R (Nicklinson) v Ministry of Justice (2012) EWHC 2381 (Admin), (2012) MHLO 77}}
 
*'''Costs case.''' {{pagesummary|Re T (Children) (2012) UKSC 36, (2012) MHLO 100}}
 
*'''Court Martial.''' {{pagesummary|Court Martial in the case of Sergeant Nightingale (2012) MHLO 116}}
 
*'''Disability discrimination case.''' {{pagesummary|Lalli v Spirita Housing Ltd (2012) EWCA Civ 497, (2012) MHLO 121}}
 
*'''Enforceability of mortgage.''' {{pagesummary|Calvert v Clydesdale Bank Plc (2012) EWCA Civ 962, (2012) MHLO 131}}
 
*'''Do not resuscitate.''' {{pagesummary|R (Tracey) v Cambridge University Hospital NHS Foundation (2012) EWHC 3670 (Admin), (2012) MHLO 146}}
 
==Legislation==
===UK and English===
See also: [[#Mental Health Tribunal]]
 
*{{pagesummary|Care and Support Bill}}
 
:*Department of Health, 'Draft Care and Support Bill published' (11/7/12); Robert Long and Tom Powell, 'Draft Care and Support Bill 2012-13 - Commons Library Standard Note' (6/8/12); Law Society, 'Overhaul of social care is long overdue, says Law Society' (press release, 11/7/12).
 
*{{pagesummary|Health and Social Care Act 2012}}
 
*{{pagesummary|Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2012}}
 
*{{pagesummary|Mental Health (Approval Functions) Act 2012}}
 
:*External links in relation to Mental Health (Approval Functions) Act 2012: (1) Legislation.gov.uk (text of Act); (2) Parliament website: Mental Health (Approval Functions) Act 2012-13 (progress of the Bill and explanatory notes); (3) Parliament website, 'Lords considers Mental Health (Approval Functions) Bill' (1/11/12); (4) They Work For You: Commons debates on 30/10/12; (5) Dept of Health, 'Action to clarify processes under the Mental Health Act' (press release, 29/10/12); (6) Dept of Health, 'Technical change to the process for approving doctors working under the Mental Health Act' (letter to Local Authority Directors of Adult Social Services, 29/10/12).
 
*{{pagesummary|Administration of Justice Act 1969}}
 
*{{pagesummary|Mental Health (Discrimination) (No. 2) Bill 2012}}
 
*{{pagesummary|High Security Psychiatric Services (Arrangements for Safety and Security at Ashworth, Broadmoor and Rampton Hospitals) Amendment Directions 2012}}
 
*{{pagesummary|Parole Board Rules 2011}}
 
===Welsh===
 
*{{pagesummary|Mental Health (Wales) Measure 2010 (Commencement No. 1 and Transitional Provision) Order 2011}}
 
*{{pagesummary|Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011}}
 
*{{pagesummary|Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) (Amendment) Regulations 2012}}
 
*{{pagesummary|Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 2012}}
 
*{{pagesummary|Mental Health (Regional Provision) (Wales) Regulations 2012}}
 
*{{pagesummary|Mental Health (Secondary Mental Health Services) (Wales) Order 2012}}
 
*{{pagesummary|Mental Health (Wales) Measure 2010 (Commencement No.3) Order 2012}}
 
*{{pagesummary|Mental Health (Wales) Measure 2010 (Commencement No.2) Order 2012}}
 
*{{pagesummary|Mental Health (Wales) Measure 2010 (Commencement No.1 and Transitional Provision) Order 2011}}
 
===Scottish===
 
*{{pagesummary|Mental Health (Safety and Security) (Scotland) Amendment Regulations 2012}}
 
*{{pagesummary|Mental Health (Absconding Patients from Other Jurisdictions) (Scotland) Regulations 2008}}
 
*{{pagesummary|Mental Health (Cross-border Visits) (Scotland) Regulations 2008}}
 
 
==General information==
===Mental Health Tribunal===
 
*'''Link to current MHT victim policy added.''' {{pagesummary|Practice Guidance on Procedures Concerning Handling Representations from Victims in the First-tier Tribunal (Mental Health) (1/7/11)}}
 
*'''Senior President of Tribunals, 'Senior President of Tribunals' Annual Report' (February 2012).''' This report contains the following in relation to the mental health jurisdiction: (1) A periodic digest of common errors, arising in 'review' decisions (First-tier appeals on points of law), is issued so that members can 'learn from the experience of colleagues who are faced with difficult legal questions': this digest is available to legal, medical and lay members, but surprisingly not to patients, their representatives or the public. (2) There was a 3% increase in receipt of cases from 2009-10 to 2010-11, mostly due to CTOs, changes in status, and increased use of s2. (3) The 'continuing improvement' and 'excellent progress' by the secretariat, and the duty judge scheme, has led to improved case management and reduced the adjournment rate within two years from 20% to 7%. (4) The AH case on publicity and the RB case on discharge conditions are noted as interesting cases. (5) Use of secure email will be encouraged (6) Twelve salaried tribunal judges were appointed to the Restricted Patients Panel in 2011.
 
*'''HMCTS, 'Mental Health Tribunal Stakeholder Bulletin April 2012' (17/4/12).''' The following are the headings: Contacting the Tribunal; Reports Processing Team; Section 2 Cases; Scanned Reports; Password protection; Notification to the Tribunal of Patient Withdrawals and RC Discharges; HQ2 Questionnaire; FTT Mental Health Policy update; Clerking; Facilities for the Hearing impaired; Olympics and Paralympics 2012 and the potential impact; Relist Team; Customer Survey; Feedback. In relation to the new forms: '''Form CNL2''' ('Case Notification Letter 2'), which from May 2012 will be sent to the representative with the RC's report, demands that the representative complete '''Form HQ2''' ('Hearing Questionnaire 2'). HQ2 asks the following questions: (1) What is the Patient seeking from the tribunal, and what are the principal areas of dispute? (2) Do you intend to call an independent expert? If so, please give details. (3) What is your hearing time estimate? (4) Would this case benefit from pre-hearing review by a tribunal judge? If so, please say why (e.g. change of status under the Act, or recent hospital transfer). (5) Are there any other matters that you feel that the panel should know in order to dispose of this matter justly, fairly and without delay? (6) Does the patient need an interpreter? If so, please give details of language and dialect.
 
*'''New Practice Direction on reports.''' {{pagesummary|Practice Direction: First-tier Tribunal Health Education and Social Care Chamber: Statements and Reports in Mental Health Cases (28/10/13)}}
 
*'''HMCTS, 'T128: Options for your Tribunal Referral Hearing: Community Patients' (April 2012).''' This is the form which is sent to CTO patients inviting them to cancel their tribunal referral hearings. See [[Tribunal Procedure (Amendment) Rules 2012]]
 
*'''Updated room specification.''' HMCTS, 'Room Specification Recommendations for Tribunal Hearings' (March 2012).
 
*'''Reports booklet.''' {{pagesummary|MHT, 'Guidance Booklet: Reports for Mental Health Tribunals' (published 7/9/10, updated 4/4/12)}}
 
*'''Mark Hinchliffe, 'Important Notice' (29/3/12).''' This document describes the changes made by the [[Tribunal Procedure (Amendment) Rules 2012]] on 6/4/12. In relation to the tribunal's requirement, in CTO reference cases, for evidence from the RC about the patient's capacity to decide not to attend or be represented, it states: 'We do not see that this should present a difficulty or a conflict of interest. The Responsible Clinician, as an expert witness, has no "interest" one way or the other and, in any event, has a responsibility to assess capacity in many situations...'
 
*'''Legal Action articles on the required content of social circumstances reports and responsible authority statements.''' Reproduced by kind permission: (1) Christopher Curran, Malcolm Golightley and Phil Fennell, 'Social circumstances reports for mental health tribunals - Part 1' (Legal Action, June 2010); (2) Christopher Curran, Malcolm Golightley and Phil Fennell, 'Social circumstances reports for mental health tribunals - Part 1' (Legal Action, July 2010); (3) Christopher Curran, Phil Fennell and Simon Burrows, 'Responsible authority statements for mental health tribunals' (Legal Action, March 2012).
 
*'''Rules amendments.''' The text of the Tribunal Procedure Rules have been amended to reflect the changes which take effect on 6/4/12. See [[Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008]]
 
*'''Rules amendments.''' {{pagesummary|Tribunal Procedure (Amendment) Rules 2012}}
 
*'''Tribunal Procedure Committee, 'Response to consultation on proposed amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (SI 2008/2699) (1 June 2011 - 29 August 2011)' (February 2012).'''
 
===Court of Protection===
 
*'''Court of Protection, 'Listing Deprivation of Liberty Safeguarding cases' (15/3/12).''' From 15/3/12, it is no longer necessary for DOLS cases to be heard by High Court judges. The full text is as follows: 'The President and the Judge in Charge of the Court of Protection have determined that it is no longer necessary for all cases where the issue of Deprivation of Liberty Safeguarding is raised to be heard by a High Court Judge. The judges at the issuing court based in the Thomas More building of the Royal Courts of Justice will consider whether the issues raised in the case appear to require the consideration of a High Court Judge and allocate the case to the appropriate level of judge accordingly. The question of allocation may be reconsidered if and when further information relevant to the issue arises. If the judges at Thomas More, or their colleagues in any court on reconsideration of the appropriate level of judge to hear the case, are unclear on whether the case should be heard by a High Court judge, they should seek guidance from the Family Division Liaison Judge for the circuit which will be hearing the case. This change regarding the listing of Deprivation of Liberty Safeguarding cases has immediate effect.'
 
*'''HMCTS, 'Court of Protection: Listing Policy - information for court users' (September 2011).'''
 
*'''Updated tenancy guidance.''' [[Court of Protection, 'Guidance: Applications to the Court of Protection in relation to tenancy agreements' (June 2011)]]
 
===Practice Directions===
 
*'''New COP Practice Direction.''' {{pagesummary|COP Practice Direction: Preparation of Bundles}}
 
*'''New Practice Direction.''' {{pagesummary|Practice Direction: Citation of Authorities (2012)}}
 
===Statutory forms===
 
*'''CTO treatment form.''' Form CTO12 section 64C(4A) - certificate that community patient has capacity to consent (or if under 16 is competent to consent) to treatment and has done so (Part 4A consent certificate).
 
===Official Solicitor===
These documents are available at: [[Official Solicitor]]
 
*'''Martin Hickman, 'Cash crisis slows justice for the vulnerable at Court of Protection' (Independent, 4/2/12).''' This article includes the following statistic: 'When [the Official Solicitor] started in April 2008, he had 42 cases. That's gone up to 650 on his books currently.'
 
*'''Official Solicitor, 'Official Solicitor: Court of Protection: Acceptance of Appointment as Litigation Friend' (21/2/12).''' This document sets out the OS's general acceptance criteria (evidence of lack of capacity, no-one else suitable and willing to act, funding available) and the new dispensation in relation to health and welfare cases (refusal to act 'in any except the most urgent cases, namely serious medical treatment cases and section 21A appeals, other than those brought by the relevant person's representative' and a waiting list for cases to be accepted). In relation to the OS's reaching 'the limit of his resources' in regard to health and welfare cases, a distinction is drawn between money (which has not reached the limit) and staffing levels (which have). See [[Official Solicitor]]
 
*'''Westminster Hall debate on Litigation Friends (HC Deb, 21 March 2012, c244WH).'''
 
===Care Quality Commission===
These documents are available at: [[Care Quality Commission]]
 
*'''CQC, 'The operation of the Deprivation of Liberty Safeguards in England, 2010/11' (March 2012).''' Key findings: '(1) 8,982 applications to deprive a person of their liberty were processed, of which 50 per cent were authorised. (2) Many services have developed good practice on the use of the safeguards, especially in involving people and their families in the decision-making process, but some were confused as to when restraints or restrictions on a person amounted to a deprivation of liberty. (3) Between a third and a quarter of care homes had not provided their staff with training on the safeguards, and in some cases only the manager had received training. (4) Most hospitals had held some training, but the proportion of staff involved ranged between 20-100 per cent.' See also: CQC, 'Summary: The operation of the Deprivation of Liberty Safeguards in England, 2010/11' (March 2012); Lucy Series, 'CQC's second monitoring report on the deprivation of liberty safeguards' (Small Places blog, 27/3/12).
 
*'''Department of Health, 'Performance and Capability Review - Care Quality Commission' (gateway ref 17277, 23/2/12).'''
 
*'''CQC, 'CQC inspector dismissed for gross misconduct' (27/4/12).''' 'A CQC inspector has been dismissed for gross misconduct after an internal investigation revealed that the impartiality of their regulatory judgements had been seriously compromised. This came to light as a result of whistle-blowing information to the CQC. No additional detail can be provided as CQC has now referred this matter to the police.'
 
*'''CQC, 'Changes to consent to treatment for patients subject to a CTO' (May 2012).''' This page explains the change to the regulations.
 
*'''Nina Lakhani, 'NHS watchdog claimed that whistleblower Kay Sheldon was "mentally ill"' (Independent, 15/8/12).'''
 
*'''Andy McNicoll, 'CQC chief "sorry" for "very personal" comments on whistleblower's mental health' (Community Care, 12/9/12).'''
 
===39 Essex Street newsletter===
These documents area available at: [[39 Essex Street COP Newsletter]]
 
*'''39 Essex Street, 'Court of Protection Newsletter' (issue 17, January 2012).''' The cases mentioned in this issue are: Re RK; RK v BCC [2011] EWCA Civ 1305, SSJ v RB [2011] EWCA Civ 1608, Re AB; AB v LCC (A Local Authority) [2011] EWHC 3151 (COP), Re C; C v Blackburn and Darwen Borough Council [2011] EWHC 3321 (COP), Cardiff Council v Peggy Ross (2011) COP 28/10/11 12063905, Re HM; SM v HM [2011] COP 11875043 4/11/11, Re VW; NK v VW (2011) COP 27/10/10 11744555, LB Tower Hamlets v BB [2011] EWHC 2853 (Fam), Re AH; AH v Hertfordshire Partnership NHS Foundation Trust [2011] EWHC 276 (COP), Re Steven Neary; LB Hillingdon v Steven Neary [2011] EWHC 3522 (COP).
 
*'''39 Essex Street, 'Court of Protection Newsletter' (issue 18, February 2012).''' The cases mentioned in this issue are: Re H; A Local Authority v H [2012] EWHC 49 (COP), [2012] MHLO 3, Re M [2011] EWHC 3590 (COP), Re JDS; Kevin Smyth v JDS (2012) COP 19334473 19/1/12, [2012] MHLO 4, Stanev v Bulgaria 36760/06 [2012] ECHR 46, [2012] MHLO 1, DM v Doncaster MBC [2011] EWHC 3652 (Admin), Re AH (Costs); AH v Hertfordshire Partnership NHS Foundation Trust [2011] EWHC 3524 (COP), SBC v PBA and Others [2011] EWHC 2580 (Fam). Also included is news that the Official Solicitor is currently unable to accept invitations to act except in (a) serious medical treatment cases, and (b) s21A appeals which are not brought by the relevant person's representative.
 
*'''39 Essex Street, 'Court of Protection Newsletter' (issue 19, March 2012).''' The cases mentioned in this issue are: Re L; K v LBX [2012] EWCA Civ 79, [2012] MHLO 7, Wychavon District Council v EM (HB) [2012] UKUT 12 (AAC), [2012] MHLO 5, Crawford v Suffolk MH Partnership NHS Trust [2012] EWCA Civ 138, Broadway Care v Caerphilly CBC [2012] EWHC 37 (Admin), Salisbury Independent Living Ltd v Wirral MBC [2012] EWCA Civ 84.
 
*'''39 Essex Street, 'Court of Protection Newsletter' (issue 20, April 2012).''' The cases mentioned in this issue are: Austin v UK 39692/09 [2012] ECHR 459, [2012] MHLO 22, DD v Lithuania 13469/06 [2012] ECHR 254, [2012] MHLO 29, DL v A Local Authority [2012] EWCA Civ 253, [2012] MHLO 32, Long v Rodman [2012] EWHC 347 (Ch), [2012] MHLO 12, ZH v Commissioner of Police for the Metropolis [2012] EWHC 604 (QB), [2012] MHLO 25, Seaton v Seddon [2012] EWHC 735 (Ch), [2012] MHLO 28, Coombs v Dorset NHS PCT [2012] EWHC 521 (QB), [2012] MHLO 13. Also mentioned are: CQC report on DOLS; Listing Deprivation of Liberty Safeguarding cases; COP Cases Online and all previous newsletters in one PDF document.
 
*'''39 Essex Street, 'Court of Protection Newsletter' (issue 21, May 2012).''' The cases mentioned in this issue are: B v B (2010) EWHC 543 (Fam) — LB Haringey v FG (No. 1) (2011) EWHC 3932 (COP) — LB Haringey v FG (No. 2) (2011) EWHC 3933 (COP) — Dunhill v Burgin (2012) EWCA Civ 397, (2012) MHLO 33 — Re JC; D v JC (2012) MHLO 35 (COP) — Re D; An NHS Trust v D (2012) EWHC 885 (COP), (2012) MHLO 47 — Re D (Official Solicitor's costs); An NHS Trust v D (2012) EWHC 886 (COP), (2012) MHLO 48 — Verlander v Rahman (2012) EWHC 1026 (QB), (2012) MHLO 49.
 
*'''39 Essex Street, 'Court of Protection Newsletter' (issue 22, June 2012).''' The cases mentioned in this issue are: Re HA [2012] EWHC 1068 (COP), [2012] MHLO 67 — Re G [2012] EWCA Civ 431, [2012] MHLO 52 — A Local Authority v DS [2012] EWHC 1442 (Fam), [2012] MHLO 68 — Sedge v Prime [2012] MHLO 66 (QB).
 
*'''39 Essex Street, 'Court of Protection Newsletter' (issue 23, July 2012).''' The cases mentioned in this issue are: X Primary Care Trust v XB [2012] EWHC 1390 (Fam), [2012] MHLO 54 — Re E (Medical treatment: Anorexia) [2012] EWHC 1639 (COP), [2012] MHLO 55 — Re BS; SC v BS [2012] MHLO 78 (COP) — R (KM) v Cambridgeshire CC [2012] UKSC 23, [2012] MHLO 57 — HSE Ireland v SF (A Minor) [2012] EWHC 1640 (Fam), [2012] MHLO 69 — LGO decision: Dorothy 10 013 715 [2010] MHLO 198 — LGO decision: Jones 10 010 739 [2010] MHLO 199.
 
*'''39 Essex Street, 'Court of Protection Newsletter' (issue 24, August 2012).''' The cases mentioned in this issue are: Munjaz v UK 2913/06 [2012] MHLO 79 (ECHR) — XCC v AA [2012] EWHC 2183 (COP), [2012] MHLO 80 — Re SK [2012] EWHC 1990 (COP), [2012] MHLO 98 — NHS Trust v Baby X [2012] EWHC 2188 (Fam), [2012] MHLO 99 — Re T (Children) [2012] UKSC 36, [2012] MHLO 100 — LGO decision: Kent County Council 11 001 504 [2012] MHLO 101 — LGO decision: Kent County Council 10 012 742 [2012] MHLO 102 — Re Steven Neary; LB Hillingdon v Steven Neary [2012] MHLO 71 (COP).
 
*'''39 Essex Street, 'Court of Protection Newsletter' (issue 25, September 2012).''' The cases mentioned in this issue are: Re MW; LB Hammersmith and Fulham v MW [2012] MHLO 82 (COP) — Coventry City Council v C, B, CA and CH [2012] EWHC 2190 (Fam) — Davis v West Sussex County Council [2012] EWHC 2152 (QB), [2012] MHLO 83 — Further information is given under the following headings: Funding; MCA literature review; Consultation on new safeguarding power.
 
*'''39 Essex Street, 'Court of Protection Newsletter' (issue 26, October 2012).''' The cases mentioned in this issue are: Re KK; CC v KK [2012] EWHC 2136 (COP), [2012] MHLO 89 — Re J (A Child: Disclosure) [2012] EWCA Civ 1204. Further information is given under the following headings: Amendment of Schedule 3 to the MCA 2005; Serious Case Review into the murder of Martin Hyde; Draft Indian Rights of Persons with Disabilities Bill.
 
*'''39 Essex Street, 'Court of Protection Newsletter' (issue 27, November 2012).''' The cases mentioned in this issue are: CYC v PC and NC [2012] MHLO 103 (COP) — A, B and C v X, Y and Z [2012] EWHC 2400 (COP) — An NHS Trust v (1) K and (2) Another Foundation Trust [2012] EWHC 2922 (COP) — An NHS Trust v Mr and Mrs H & Ors [2012] EWHC B18 (Fam) — Re AS (unreported, 7.12.11) — Re Clarke [2012] EWHC 2256 (COP), [2012] MHLO 107, Re Clarke [2012] EWHC 2714 (COP), [2012] MHLO 108, Re Clarke [2012] EWHC 2947 (COP), [2012] MHLO 109 — SCC v JM & Ors (unreported, 31.8.12) — R (Sunderland City Council) v South Tyneside Council [2012] EWCA Civ 1232 — Kedzior v Poland [2012] ECHR 1809, Application No. 45026/07) — Bureš v. the Czech Republic [2012] ECHR 1819 (Application No. 37679/08) — RP v UK 38245/08 [2012] ECHR 1796, [2012] MHLO 102. Further information is given under the following headings: Practice and procedure - liaison with the Home Office; Guide for social workers upon when to consider making an application to the Court of Protection.
 
===Mind newsletter===
These documents are available at: [[Mind (Charity)]]
 
*'''Mind, 'Legal enewsletter' (Issue 11, April 2012).''' This newsletter contains: (1) Articles: (a) Making best interests decisions under the Mental Capacity Act 2005, (b) Listening to experience - Mind's report into acute and crisis mental healthcare, (c) The right to life under Article 2 of the ECHR, (d) The right to independent living - is it working?; (2) Case reports: (a) SSJ v RB (2011) EWCA Civ 1608, (b) Cheshire West and Chester Council v P (2011) EWCA Civ 1257, (c) O'Cathail v Transport for London (2012) EWCA Civ 92; (3) Updates: (a) Discrimination news, (b) Section 117 MHA 1983 and the Health and Social Care Bill 2012, (c) Changes to mental health tribunal rules and procedure, (d) Care Quality Commission, (e) Chartered Institute of Personnel and Development (CPID) Toolkit, (e) Proposed DVLA changes: fitness to drive, (f) Court of Protection.
 
*'''Mind, 'Legal Newsletter' (Issue 12, October 2012).''' This newsletter contains: (1) Articles: (a) 358 days by Mark Neary; (b) Legal capacity and the UN Convention On The Rights Of Persons With Disabilities by Lucy Series. (2) Case reports: (a) GP v Derby City Council [2012] EWHC 1451 (Admin), [2012] MHLO 58; (b) X Primary Care Trust v XB [2012] EWHC 1390 (Fam), [2012] MHLO 54; (c) Munjaz v UK 2913/06 [2012] MHLO 79 (ECHR); (d) MS v UK 24527/08 [2012] ECHR 804, [2012] MHLO 46; (e) X v Finland [2012] ECHR 34806/04; (f) Discrimination case report. (3) Mental health and human rights update. (4) Legal Aid update. (5) News: (a) Care And Support Bill 2012; (b) Eligibility for IMHA support in Wales; (c) SOAD opinions for consenting patients on supervised CTOs; (d) Safeguarding vulnerable groups: changes to vetting and barring; (e) Mental Health (Discrimination) Bill; (f) Department Of Health Suicide Prevention Strategy; (g) Replacement of Equality and Human Rights Commission helplines. 
 
===Criminal cases===
 
*'''West Mercia Police, 'Bromsgrove Care Staff Sentenced For Neglect' (28/8/12).''' The victim, who had not been helped into bed or attended to in the evening, was found in the morning lying on the floor in the corner of his room in Breme House, partly dressed and in a distressed state, suffering from borderline hypothermia and complaining of hip pain. He subsequently needed to spend five weeks in hospital. For the offence of ill treating or wilfully neglecting a person without capacity, under s44 MCA 2005: Glen Walsh, aged 23 (date of birth 18/4/89), of Granary Road, Stoke Heath, Bromsgrove, and Gail Broadway, aged 38 (dob 19/3/74), of Lyttleton Avenue, Bromsgrove were both given four month jail sentences suspended for 12 months, 12 month community orders with supervision and told to carry out 125 hours of unpaid community work; Maxine Turbill, aged 46 (dob 15/9/65), of Grayshott Close, Sidemoor, Bromsgrove, was given a two month jail sentence suspended for 12 months and a 12 month community order with supervision; all three were each told to pay £500 costs and an order was made barring them from working with children under the age of 16 and vulnerable adults. They had denied the offence but were found guilty by a jury following a seven-day trial in July this year. See [[MCA 2005 s44]]
 
*'''BBC, 'Winterbourne View: Care workers jailed for abuse' (26/10/12).''' Eleven staff were jailed for offences under s127 Mental Health Act 1983. The article sets out the sentences as follows: (1) Wayne Rogers, 32, of Kingswood, jailed for two years after admitting nine charges of ill-treatment; (2) Alison Dove, 25, of Kingswood, was jailed for 20 months for seven counts of abuse; (3) Graham Doyle, 26, of Patchway, was jailed for 20 months for seven counts of abuse; (4) Nurse Sookalingum Appoo, 59, of Downend jailed for six months for wilfully neglecting patients; (5) Nurse Kelvin Fore, 33, from Middlesbrough, also jailed for six months for wilfully neglecting patients; (6) Holly Laura Draper, 24, of Mangotsfield, pleaded guilty to two charges of abuse and was jailed for 12 months; (7) Daniel Brake, 27, of Downend, pleaded guilty to two charges of abuse and was given a six month jail sentence suspended for two years and ordered to carry out 200 hours of unpaid work; (8) Charlotte Justine Cotterell, 22, from Yate, pleaded guilty to one charge of abuse and was given a four-month jail term suspended for two years. Cotterell was ordered to do 150 hours of unpaid work and complete 12 months supervision; (9) Michael Ezenagu, 29, from Shepherds Bush, west London, admitted two counts of abuse and was given a six month jail sentence suspended for two years and ordered to carry out 200 hours of unpaid work; (10) Neil Ferguson, 28, of Emerson Green, admitted one count of abuse and was given a six month jail term was suspended for two years and ordered to carry out 200 hours of unpaid work; (11) Jason Gardiner, 43, of Hartcliffe, who admitted two charges of abuse, was given a four month jail term was suspended for two years and ordered to carry out 200 hours of unpaid work. See [[MHA 1983 s127]]
 
*'''Avon and Somerset Police, 'Freedom of Information: Investigations at Winterbourne View Care Home (Investigations/Operations): Question' (17/8/12).''' This page gives some details of the investigation and prosecution. See [[MHA 1983 s127]]
 
===Consultations===
 
*'''Department of Health: Consultation on low secure services and psychiatric intensive care (19/1/12 to 19/4/12).''' See [[Consultations]]
 
===Legal Aid===
 
*'''LSC, 'Civil forms preview - February 2012' (5/1/12).''' A new CW1&2(MH) form becomes mandatory on 1/2/12. Other changed civil/family forms are : CW1, CW2(IMM), CLSMEANS1 & CK3, CLSAPP3, CLSAPP5, CLSAPP8, CLSAPP8A, CLSCLAIM1A Guidance & CLSCLAIM5A Guidance. Old versions signed and dated on or before 1/2/12 will be accepted until 29/2/12. See [[Legal Aid News]]
 
*'''Jonathan Rayner, 'Judge slams quality of mental health advocacy' (Law Society Gazette, 19/1/12).''' See [[Law Society]]
 
*'''LSC, 'Accreditation contribution scheme update' (28/3/12).''' From 2/4/12 the LSC will reduce the amount it contributes to the costs of mental health panel membership by 50% to £73.44; from 1/4/13 there will be no contribution at all. In recent weeks the Law Society's accreditation fees doubled to £500 plus VAT. See [[Legal Aid News]]
 
*'''LSC, 'Headline intentions for future tenders' (February 2012).''' The main points are: (1) To implement scope changes in April 2013, the LSC plans to tender for face-to-face contracts over the next year in the following areas: Family; Asylum (including residual non-asylum work); Housing and Debt; Housing Possession Court Duty Schemes. (2) Existing contracts will amended, not terminated, in the following areas: Community Care; Mental Health; Actions Against the Police; Public Law. (3) Contracts for categories being removed from scope will be terminated. (4) Crime contracts will not be re-tendered before 2015. (5) A tender exercise for mediation work will be carried out to increase provision. (6) The telephone gateway (operator service and specialist telephone advice) plans, which are set out in detail, apply to community care but not mental health. (7) All supervisors in Public Law Children work may have to be Children Panel members, but there are no other changes to accreditation planned. (8) All providers must hold either SQM or Lexcel. See [[Legal Aid News]]
 
*'''Sir Bill Callaghan, LSC Chairman, 'The Future of Legal Aid' (Speech to Liverpool Law Society, 8/2/12).''' This speech suggested that the matter-start system will be abolished in the next contract: 'The ongoing administration of new matter start allocations is now attracting particular attention because it takes a great deal of effort for both providers and LSC staff. The removal of a fixed allocation of new matter starts is one idea that has been put to us by representative bodies. Fixed allocations mean that more popular providers often run out of work and are refused an increase while other providers in the area have unused matter starts. A more open competition at client level would be one way of dealing with this issue and we think it should improve the quality of provision and client care. What we’re talking about here is licensing civil contract work rather than simply allocating a fixed number of new matter starts. There is still a lot discussion to be had about the detail of how this will work. But we envisage introducing this approach in April 2013 at the same time as the LSC is abolished and the new Executive Agency takes over.' See [[Legal Aid News]]
 
*'''Legal Aid Handbook, 'LSC concede judicial review; specialist support reprieved' (1/3/12).''' The LSC conceded a JR claim brought by the Public Law Project of the decision, made without consultation, to abolish the specialist support service. Instead of the contracts expiring in March 2012 they will be extended until 30/6/12 pending a consultation process. The mental health specialist support service, run by Scott Moncrieff Solicitors, can be called on 0844 800 3364 from Monday to Friday 10am to 4pm. See [[Legal Aid News]]
 
*'''Specialist Support Service.''' The LSC is consulting on their proposal to discontinue funding for the Specialist Support Service, as a result of conceding a judicial review of their decision to do so. The consultation runs until 11/5/12. The specialist support service for mental health is run by Scott Moncrieff Solicitors, and is available from Monday to Friday, 10am to 4pm, on 0844 800 3364. Related articles: Legal Aid Handbook Blog, 'LSC concede judicial review; specialist support reprieved' (1/3/12); Legal Aid Handbook Blog, 'Weekly round up' (1/4/12). See [[Consultations#Legal Services Commission]]
 
*'''Specialist Support Service.''' Following a consultation process (held as a result of judicial review proceedings) the LSC has decided to discontinue the Specialist Support Service. Contracts will end on 6/7/12. See [[Consultations#Legal Services Commission]]
 
*'''LSC, 'New Keycard 48 to be introduced from 9 April' (5/4/12).''' Keycard 48 reflects an increase in the standard dependants' allowances assessed for a partner or child living within the client's household; the new rates are applicable to new applications or further assessments made on or after 9 April 2012. Eligibility limits are unchanged. See [[Legal Aid News]]
 
*'''LSC, 'Legal Aid Bill gets Royal Assent' (1/5/12).''' The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is due to amend the scope, eligibility and other aspects of the legal aid scheme on 1/4/13. In order to implement the changes, the Legal Services Commission will tender for new contracts for face-to-face advice and/or telephone advice in certain areas of law (not mental health or community care). The Commission will be replaced by the Legal Aid Agency, which will be an Executive Agency of the Ministry of Justice. See [[Legal Aid News]]
 
*'''Legal Aid information added.''' {{pagesummary|Non-means-tested non-tribunal matters}}
 
*'''Legal Aid forms.''' The following Legal Aid forms relevant to mental health law are being updated from 1/10/12: CLSAPP1 (application for Legal Aid certificate), CLSMEANS1 (financial assessment form), MEANS1P (supplementary means assessment form for completion by prisoners), CLSMEANS2 (financial assessment form). All forms signed and dated on or after 1/10/12 must be new versions. Old forms signed before that date will be accepted until 30/10/12. New means assessment forms may be used immediately. See LSC, 'Masterpack Forms Change Guide October 2012' (28/9/12). See [[Legal Aid forms]]
 
*'''Legal Services Commission, 'Guidance on the use of agents' (10/10/11).''' This document sets out the LSC's interpretation of the Standard Civil Contract 2010 that a firm with a high secure hospital contract may do the following, either separately or in combination: (1) use agents to allow firms without HSH contracts to represent HSH patients, or (2) use 30% of their own HSH matter starts at HSHs for which they do not have a contract. See [[Legal Aid]]
 
===Statistics===
 
*'''Ministry of Justice, 'Annual statistics on Multi-agency public protection arrangements (MAPPA) eligible offenders' (16/3/12).''' Summary: 'This annual publication presents the number of MAPPA eligible offenders in England and Wales, and information related to these offenders, including a summary of the information provided in the MAPPA reports published by each of the areas.' See [[MAPPA]]
 
*'''NHSIC, 'Routine Quarterly Mental Health Minimum Dataset Reports, Final Q1 and Provisional Q2 2011/12 summary statistics and related information' (28/2/12).''' See [[Statistics#NHS Information Centre - Other]]
 
*'''Ministry of Justice, 'Annual Tribunals Statistics, 2011-12: 1 April 2011 to 31 March 2012' (28/6/12).''' The following paragraphs, together with their associated tables, are relevant to mental health: (1) 23. The adjournment and postponement rates for Mental Health have remained at the same levels as 2010-11 (but had previously fallen probably as a result of improved case management processes). In 2011-12, the adjournment rate was 7%, whilst that for postponements was 13%. (2) 25. Of the 222,900 total jurisdictional sitting days, 72% were for fee-paid judiciary and 28% were for salaried judiciary. The ratio of fee-paid to salaried judiciary varies by jurisdiction. In 2011-12, 97% of judicial sitting days for Mental Health were for fee-paid judiciary, whilst this was 15% for the Asylum Support tribunal. (3) 40. For the Mental Health jurisdiction, the time from receipt to disposal has been examined for the three main case types. Unfortunately, the reporting system is not able to produce analysis by single week of age, thus there is some inaccuracy regarding the median and lower and upper quartiles. 41. Given the statutory requirement for Section 2 cases to be listed within 7 days of receipt, it is not surprising that this type of case has the shortest clearance times. The waiting times have reduced when compared with previous periods due to improvements made in administrative processes. See [[Statistics#Annual Tribunal Statistics]]
 
*'''NHSIC, 'Guardianship under the Mental Health Act 1983 - England 2012' (18/9/12).''' Key facts: (1) The number of new Guardianship cases fell by 5 per cent between 2010/11 and 2011/12 from 347 to 331 cases. This is a much smaller reduction than between the previous two reporting years, which saw a notable fall of 21 per cent, possibly attributable to the introduction of new Mental Capacity Act Deprivation of Liberty Safeguards and Community Treatment Order legislation. The number of new cases in 2011/12 was 31 per cent lower than in 2002/03 when 477 new cases were reported. (2) This is the seventh consecutive decrease in the numbers of continuing cases. The number of cases continuing at the end of the year decreased by 26 per cent (from 923 in 2002/03 to 682 in 2011/12). The number of cases closed during the reporting year was 357; a decrease of 33 per cent since 2002/03 from 534. See [[Statistics]]
 
*'''NHSIC, 'Mental Capacity Act 2005, Deprivation of Liberty Safeguards assessments - England, 2011-12, Third report on annual data' (17/7/12).''' Key facts: (1) There has been a year-on-year increase in the number of applications completed for Deprivation of Liberty Safeguards (DoLS) since the safeguards were first introduced in 2009/10. There were 11,393 applications in 2011/12, which represents a 27per cent increase on the 8,982 in 2010/11 and a 59 per cent increase on the 7,157 applications in 2009/10 (the first year of the new safeguards). (2) The number of people subject to a standard authorisation at the end of the quarter had increased each quarter since the safeguards were introduced, from 536 at the end of June 2009 to 1,976 at the end of December 2011. However, between the end of December 2011 and March 2012 the numbers decreased by 16 per cent, the first fall in numbers seen. (3) Dementia accounted for 53 per cent of all applications and this is reflected in the age profile of people who are the subject of DoLS applications. (4) Fifty-eight per cent of applications relate to people over 74 and the population-based rate of applications is much higher for over 74s and over 84s. For the over 84s the application rate is 25 in 10,000. This compares to 12 in 10,000 for 75-84 year olds, 3 in 10,000 for 65-74 year olds and just 1 in 10,000 for 18-64 year olds (working-age adults). (5) There are wide variations in population-based application rates by region. The East Midlands has the highest rate of applications at 51 per 100,000, whilst London had the lowest rate at just 17 per 100,000. These compare to a rate for England as a whole of 28 per 100,000.
 
*'''NHSIC, 'Bi-annual analysis of Mental Capacity Act 2005, Deprivation of Liberty Safeguards Assessments (England) - October 2011 - March 2012' (12/6/12).''' Key facts: The figures show that between 01 October 2011 and 31 March 2012: (1) 5,933 authorisation requests were completed. 4,255 (71.7 per cent) were received by LAs and 1,678 (28.3 per cent) were received by PCTs. (2) 3,277 (55.2 per cent) of the completed requests resulted in an authorisation. - 2,400 (56.4 per cent) of the assessments received by a LA resulted in an authorisation. - 877 (52.2 per cent) of the assessments received by a PCT resulted in an authorisation. (3) Of the total assessments completed, a slightly higher proportion was for females 3,190 (53.8 per cent) than males 2,743 (46.2 per cent). (4) At the end of the reporting period, 31 March 2012, 1,667 people were subject to a current standard authorisation. 1,421 (85.2 per cent) followed a granted LA authorisation and 246 (14.8 per cent) followed a granted PCT authorisation. See [[Statistics]]
 
*'''Statistics.''' NHSIC, 'Inpatients formally detained in hospitals under the Mental Health Act 1983, and patients subject to supervised community treatment, Annual figures, England, 2011/12' (24/10/12). Key facts: (1) On the 31st March, 22,267 people were subject to detention or CTO restrictions under The Act in NHS and independent sector hospitals. This represents a 6 per cent increase since the previous year and includes 17,503 people were detained in hospital and 4,764 people subject to a CTO. (2) There were a total of 48,631 detentions in NHS and independent hospitals during 2011/12. This number was 5 per cent (2,283) greater than during the 2010/11 reporting period. Total detentions in independent sector hospitals increased by 21 per cent; a large proportion of this increase was attributable to a 45 per cent increase in uses of Section 2. (3) There were 4,220 CTOs made during 2011/12, an increase of 386 (10 per cent) since 2010/11. The number of CTO recalls increased by 30 per cent and it is estimated that around 70 per cent ended in a revocation (an increase of approximately 10 percentage points since last year). The rise in CTO recalls and revocations may be linked to the 6 per cent reduction (473) in uses of Part II Section 3 of The Act. (4) There were 15,240 uses of place of safety orders (Sections 135 and 136) in hospitals during 2011/12; this figure was 6 per cent (841) greater than during 2010/11. New experimental figures estimate that 8,667 orders were made in hospitals, accounting for at least 37 per cent of all place of safety orders. (5) This report also includes some new experimental analysis on The Act using data from the MHMDS quarterly data submission files as the data source. See [[Statistics]]
 
===Books===
These are available at: [[Books]]
 
*{{bookold|gledhill}}. The book is written as a guide for criminal lawyers representing those with mental disorder in the criminal justice system, but should be of interest to mental health lawyers also:
 
*<span class="plainlinks">[http://www.amazon.co.uk/dp/0414025032/ref=nosim?tag=wikimentalhealth-21 Richard Jones, ''Mental Capacity Act Manual'' (5th edn, Sweet &amp; Maxwell 2012)]</span>
 
*Richard Jones, ''Mental Health Act Manual'' (15th edn, Sweet & Maxwell 2012). See [[Books]]
 
===Other jurisdictions===
====Wales====
 
*'''Text of 16/1/12 Welsh circular email added:''' 'Further to the emails below, please find attached Welsh and English language versions of the Care and Treatment Plan template which was agreed by the National Assembly for Wales in December 2011. From 6 June 2012 mental health services in Wales will be required to deliver the care coordination and care and treatment planning provisions of Part 2 of the Mental Health (Wales) Measure 2010 and the Mental Health (Care Coordination and Care and Treatment Planning) (Wales) Regulations 2011. The Care and Treatment Plan templates attached here meet the requirements of this legislation.' See [[Mental Health (Wales) Measure 2010#Update emails]]
 
*'''CSSIW and HIW, 'Deprivation of Liberty Safeguards: Annual Monitoring Report for Health and Social Care' (February 2012).''' An information brief and table of statistics is also available. For a discussion of this report, see Mithran Samuel, 'Latest on the Deprivation of Liberty Safeguards in Wales' (Community Care Adult Care Blog, 13/2/12). See [[DOLS#HIW and CSSIW]]
 
*'''Text of two Welsh Government updates added:''' 25/4/12 (Mental Health - Primary Care Referrals and Eligibility to Conduct Primary Care Assessments - Wales - Regulations 2012) and 24/4/12 (Laying of the Code of Practice to Parts 2 and 3 of the Mental Health (Wales) Measure 2010). See [[Mental Health (Wales) Measure 2010]]
 
*'''Consultation on a Separate Legal Jurisdiction for Wales (27/3/12 to 19/6/12).''' The Welsh Government are consulting on making things even more unnecessarily complicated, by creating an entirely separate legal jurisdiction for Wales. See [[Consultations#Wales]]
 
*'''The text of various Welsh Assembly emails has been added.''' 17/5/12: 'Making of the Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Care Assessments) (Wales) Regulations 2012' — 9/5/12: 'The Mental Health (Secondary Mental Health Services) (Wales) Order 2012' — 9/5/12: 'Making of the Mental Health (Regional Provisions) (Wales) Regulations 2012' — 23/2/12: 'Consultation on draft Regulations under the Mental Health (Wales) Measure'. See [[Welsh Assembly emails]]
 
*'''MHRT Wales application form uploaded.''' See [[Tribunal forms]]
 
====Scotland====
 
*'''Scottish Government, 'Multi Agency Public Protection Arrangements (MAPPA) National Guidance 2012 Version 1 and Covering Justice and Communities Circular JD/01/2012' (12/1/12).''' See [[MAPPA]]
 
*'''Mental Welfare Commission for Scotland, 'An investigation into the response by statutory services and professionals to concerns raised in respect of Mr and Mrs D' (January 2012).''' This investigation into alleged abuse of powers of attorney concludes with recommendations for the council, NHS Board, Office of the Public Guardian, Law Society of Scotland, and the Scottish Government. See [[Mental Welfare Commission for Scotland]].
 
*{{rsum|Scott Blair, 'A Summary of Mental Health Caselaw' (21/3/12)}}
 
*'''Valerie Mays, 'Mental Health Tribunal for Scotland: Case Digest' (December 2011).''' See [[Scotland]]
 
*'''Scottish Law Commission, 'Discussion Paper on Adults with Incapacity' (discussion paper 156, 31/7/12).''' Consultation from 31/7/12 to 31/10/12. Extract from news release: 'The main questions raised by the Discussion Paper are: (1) Is Scots law as it currently stands adequate to meet the requirements of the European Convention in this area? and (2) If not, how should it be changed? In particular, there is a need to decide if there should be a new procedure for authorising deprivation of liberty in residential care for adults with incapacity. If there should, what should that process be? And, very importantly, what sorts of care and what type of facilities should be regarded as involving deprivation of liberty for those who live there?' See [[Consultations#Scotland]]
 
====Southern Ireland====
 
*'''Mary Carolan, 'Voluntary mental patient not being held unlawfully' (25/1/12).''' This article describes what seems like a Southern Irish 'Bournewood' case. See [[DOLS#Other links]]
 
*'''Mary Donnelly, '"Voluntary" psychiatric patients need protection' (Irish Times, 9/2/12).''' This article, following on from a Southern Irish High Court decision that a voluntary patient was not held unlawfully despite making several requests to leave the locked unit, argues that it is highly doubtful that the Southern Irish Mental Health Act 2001 would withstand scrutiny under the ECHR, and that the statute contravenes the CRPD. See [[DOLS#Other links]]
 
*'''Thomas Hammarberg, 'Rights-based approach needed in new law on legal capacity' (Irish Times, 1/3/12).''' This article argues that reform of the Southern Irish Lunacy Act 1871 should comply with the UN Convention on the Rights of Persons with Disabilities. See [[CRPD]]
 
*'''Harry Kennedy, '"Libertarian" groupthink not helping mentally ill' (Irish Times, 12/9/12).''' See [[Southern Ireland]]
 
===Other articles===
 
*'''Peter Bartlett, 'Sex, Dementia, Capacity and Care Homes' (2010) 31 Liverpool Law Rev 137.''' Abstract: 'This paper addresses the appropriate legal and policy approach to sexual conduct involving people with dementia in care homes, where the mental capacity of one or both partners is compromised. Such conduct is prohibited by sections 34–42 of the Sexual Offences Act 2003, but this article asks whether this blanket prohibition is necessarily the appropriate response. The article considers a variety of alternative responses, eventually arguing that clearer guidance regarding prosecution should be issued.' See [[Capacity to consent to sexual relations cases]]
 
*'''Antal Szerletics and Tom O'Shea, 'The Deprivation of Liberty Safeguards' (Essex Autonomy Project Briefing, December 2011).''' See [[DOLS#Academic articles]]
 
*'''Mental Disability Advocacy Center, 'Venice Commission backs right to vote' (19/12/11).''' In December 2011 the Venice Commission amended a key document to reverse an anomaly which allowed countries to disenfranchise those with 'genuine mental disabilities'. See [[Voting rights for detained patients]]
 
*'''Jerome Taylor, 'Appeals soar after secret courts are opened to public' (Independent, 2/1/12).''' See [[DOLS#Other_links]]
 
*'''The Commission on Assisted Dying, 'The current legal status of assisted dying is inadequate and incoherent...' (5/1/12).''' See [[Assisted suicide]]
 
*'''Sally Bradley, 'Court of Protection Update (January 2012)' (Family Law Week, 18/1/12).''' See [[Court of Protection#Other links]]
 
*'''Essex Autonomy Project, 'Deprivation of Liberty and DoLS Roundtable Digest' (26/1/12).''' Presentations were given on 16/1/12 by Munby LJ, Alistair Pitblado, Dr Ruth Cairns, Neil Allen, John Leighton and Lucy Series. See [[DOLS#Academic articles]]
 
*'''Val Williams et al, 'Making Best Interests Decisions: People and Processes' (Mental Health Foundation, 31/1/12).''' The accompanying press release is entitled 'MCA Code of Practice needs revising to enable more effective best interests decisions to be made'. See [[Mental Capacity Act 2005 Code of Practice]]
 
*'''Bevan Brittan, 'Patient privacy and the use of mobile phones in hospitals' (15/2/12).''' See [[Article 8]]
 
*'''Anna Nilsson, 'Who gets to decide? Right to legal capacity for persons with intellectual and psychosocial disabilities' (Council of Europe, CommDH/IssuePaper(2012)2, 20/2/12).''' This paper sets out the following recommendations: (1) Ratify the UN CRPD and its Optional Protocol. (2) Review existing legislation on legal capacity in the light of current human rights standards and with particular reference to Article 12 CRPD. The review should identify and remedy possible flaws and gaps depriving persons with disabilities of their human rights in relation to legislation concerning, inter alia, guardianship, voting rights and compulsory psychiatric care and treatment. (3) Abolish mechanisms providing for full incapacitation and plenary guardianship. (4) Ensure that persons with disabilities enjoy the rights to property, including the right to inherit property and to control their own financial affairs, to family life, to consent to or reject medical interventions, to vote, to associate freely and to access justice on an equal basis with others. No one should be automatically deprived of these rights because of an impairment or disability or due to being subjected to guardianship. (5) Review judicial procedures to guarantee that a person who is placed under guardianship has the possibility to take legal proceedings to challenge the guardianship or the way it is administrated as long as guardianship regimes still remain valid. (6) End 'voluntary' placements of persons in closed wards and social care homes against the person’s will but with the consent of guardians or legal representatives. Placement in closed settings without the consent of the individual concerned should always be considered a deprivation of liberty and subjected to the safeguards established under Article 5 of the European Convention on Human Rights. (7) Develop supported decision-making alternatives for those who want assistance in making decisions or communicating them to others. Such alternatives should be easily accessible for those in need and provided on a voluntary basis. (8) Establish robust safeguards to ensure that any support provided respects the person receiving it and his or her preferences, is free of conflict of interests and is subject to regular judicial review. The individual concerned should have the right to participate in any review proceedings along with the right to adequate legal representation. (9) Create a legal obligation for governmental and local authorities, the judiciary, health care, financial, insurance and other service providers to provide reasonable accommodation to persons with disabilities who wish to access their services. Reasonable accommodation includes the provision of information in plain language and the acceptance of a support person communicating the will of the individual concerned. (10) Involve persons with intellectual and psychosocial disabilities and the organisations representing them actively in the process of reforming legislation on legal capacity and developing supported decision-making alternatives. See [[CRPD]]
 
*'''Owen Bowcott, 'Human rights groups call for end to surgical castration of sex offenders' (Guardian, 22/2/12).''' This article relates to the European Committee for the Prevention of Torture's call for voluntary surgical castration in Germany to be discontinued. In the UK only voluntary chemical castration is permitted, under s57 MHA 1983. See also: Council of Europe, 'Council of Europe anti-torture Committee publishes report on Germany' (press release, 22/2/12). See [[MHA 1983 s57]]
 
*'''David Lock, 'Best Interest decision-making in the Court of Protection' (28/2/12).''' See [[Court of Protection]]
 
*'''Mithran Samuel, 'Many deprived of liberty without safeguards, warn experts' (29/2/12).''' This article discusses deprivation of liberty in supported living, and the Official Solicitor's view that the Court of Appeal decisions in Cheshire and P & Q meant protections for people 'had gone backwards'. See [[DOLS#Other links]]
 
*'''Royal College of Psychiatrists, 'CR171: Independent Advocacy for People with Mental Disorder' (February 2012).''' This document contains the following chapters: (1) Introduction and context; (2) Definition of independent advocacy; (3) Key principles in individual advocacy; (4) How do advocates work?; (5) Different types of advocacy; (6) Statutory advocacy; (7) Advocacy and equality; (8) Advocacy in different clinical areas; (9) Myth busting; (10) Useful contacts. See [[RCPsych]]
 
*'''LGO, 'Fact Sheet S1: Complaints about adult care services' (updated 1/3/12); LGO, 'Fact Sheet S3: Complaints about councils that arrange and fund residential care placements' (updated 1/3/12).''' See [[Local Government Ombudsman]]
 
*'''Health Bill amendment.''' Mind, 'Mind welcomes Health Bill amendment which protects vital aftercare for people who have been sectioned' (1/3/12); Hansard, HL Deb 29/2/12, vol 725 col 1364: transcript of House of Lords debate, in which the government agree to the proposed amendment. The only changes to s117 MHA 1983  to be made by clause 39 Health and Social Care Bill 2010-12 will relate to the change from Primary Care Trusts to clinical commissioning groups. See [[Mind (Charity)]]
 
*'''Anna Raccoon, 'Rotten Borough? - the Vicious Borough of Hillingdon' (20/3/12).''' Mark Neary's application for occasional respite care in the form of a carer staying overnight was rejected: respite care is only available at the Positive Behaviour Unit (at which his son was unlawfully deprived of his liberty for a year). See [[Re Steven Neary; LB Hillingdon v Steven Neary (2011) EWHC 1377 (COP)]]
 
*'''Simon Edwards, 'Capacity and tenancies/licences' (39 Essex Street, 19/4/12).''' See [[39 Essex Street COP Newsletter#May 2012]]
 
*'''Lucy Series, 'Strategic litigation by the EHRC' (The Small Places Blog, 26/5/11).''' This article sets out the EHRC's written submissions in the ''RP v UK'' case. See [[RP v UK 38245/08 (2012) ECHR 1796, (2012) MHLO 102]]
 
*'''Simon Edwards, 'Options for a local authority for the management of P’s finances' (39 Essex Street COP Note, June 2012).''' See [[39 Essex Street COP Newsletter#July 2012]]
 
*'''Jerome Taylor, 'Huge spike in use of controversial new 'deprivation of liberty' orders despite critics arguing they are not fit for purpose' (Independent, 18/7/12).''' See [[DOLS#Other links]]
 
*'''Mental Health Foundation, 'Mental Capacity and the Mental Capacity Act 2005 - A literature review' (August 2012).''' Their summary: 'This literature review was carried out to collate academic literature relating to mental capacity issues and to the implementation of the Mental Capacity Act 2005. Mental capacity is the ability to make one’s own decisions. The Mental Capacity Act (MCA), which came into force in 2007 and covers England and Wales, provides a statutory framework for supporting people to make decisions for themselves wherever possible as well as processes and safeguards for decision-making involving people who lack capacity to make their own decisions because of illness, injury or disability. This review has collated a broad range of literature investigating various issues relating to mental capacity and the implementation of the MCA with the aim of identifying consistent themes, problem areas and any gaps in the existing literature. The largest proportion of literature relating to the MCA in England and Wales relates more specifically to issues with older people and people who have dementia.' See [[Mental Capacity Act 2005 Overview#Other external links]]
 
*'''Mark Neary, 'Pay Back Time?' (Love, Belief and Balls Blog, 12/9/12).''' In this blog post, Mark Neary states that the effect of the London Borough of Hillingdon's decision to cease paying Housing Benefit will be that from 16/10/12 he and his son Stephen will no longer be able to live together in the borough. See [[Re Steven Neary; LB Hillingdon v Steven Neary (2012) MHLO 71 (COP)]]
 
*'''Neil Allen, 'Court of Protection Note: Restricting or depriving liberty?' (September 2012).''' See [[39 Essex Street COP Newsletter]]
 
*'''Jimmy Savile and Broadmoor.''' (1) Soundcloud: clips from Jerry Sadowitz's 1987 Gobshite album and 2011 Leeds gig (it will be interesting to see which allegations make the news: '... a gangster, a villain, a murderer, a rapist, a ... paedophile, a necrophiliac, a gerontophiliac, into ... bestiality, hung round with his pals in Broadmoor ...'); (2) Esther Addley, 'Jimmy Savile's Broadmoor role came with a bedroom and keys' (Guardian, 12/10/12); (3) Esther Addley, 'Jimmy Savile police investigate Broadmoor rape claims' (Guardian, 15/10/12); (4) Ether Addley et al, 'Jimmy Savile: nurse's Broadmoor claim adds to 'cascade' of abuse allegations' (Guardian, 11/10/12); (5) Richard Alleyne, 'Sir Jimmy Savile organised all-girl "therapeutic" parties at Broadmoor' (Telegraph, 16/10/12); (6) Larisa Brown, 'Jimmy Savile's older brother sacked from hospital after being accused of raping psychiatric patient' (Daily Mail, 14/10/12). See [[High secure hospital]]
 
*'''Disability discrimination.''' (1) Christopher Williams, 'Nominet rocked by disability discrimination ruling' (16/8/12); (2) That.co.uk website, 'Nominet files' (19/10/12) (this document contains extracts from the tribunal judgment). See [[Settled cases and forthcoming judgments#Emily Taylor (Nominet)]]
 
*'''Julian Mason et al, 'Compulsion under the Mental Health Act 1983: audit of the quality of medical recommendations' (2012) 36 The Psychiatrist 11 (subscription required).''' See [[RCPsych]]
 
*The government have announced that from 1 April 2012, following the Court of Appeal decision in [[Cheshire West and Chester Council v P (2011) EWCA Civ 1257]] and the subsequent High Court decision in [[Re C; C v Blackburn and Darwen Borough Council (2011) EWHC 3321 (COP)]], the entire Mental Health Act 1983 will be repealed. The government spokesman, Avril Poisson, said: “Those subject to the Act lack capacity, as demonstrated by their inability to comply with voluntary inpatient treatment, and they should be treated equally to others who lack capacity. Recent case law on deprivation of liberty has shown that the relevant contrast when assessing ‘relative normality’ is not ‘the ordinary adult going about the kind of life which the able-bodied man or woman on the Clapham omnibus would normally expect to lead’ but rather ‘the kind of lives that people like X would normally expect to lead’ (Cheshire West, para 102). Periods of hospital inpatient treatment are normal, as an inevitable corollary of psychiatric disabilities: during those periods there are no realistic alternatives and no deprivation of liberty within the meaning of [[Article 5]] of the European Convention.” She said that the 29-year-old Act would be abolished with immediate effect because it is no longer fit for purpose, and that the “so-called” deprivation of liberty safeguards would also come under scrutiny. “When I use a word,” she said, in rather a scornful tone, “it means just what I choose it to mean – neither more nor less.” '''[Hope you enjoyed the April Fools' Day joke!]'''
 
==Acknowledgements==
Thanks are due to the following people for contributing case transcripts which were not available elsewhere. If you have anything which is not yet on the internet (e.g. court results or transcripts) then please send it in.
 
*Tim Baldwin, Garden Court Chambers
 
:*[[R (W) v Dr Larkin (2012) EWHC 556 (Admin), (2012) MHLO 23]]
 
*Jonathan Butler, Deans Court Chambers
 
:*[[CYC v PC and NC (2012) MHLO 103 (COP)]]
 
*Oliver Carter, Irwin Mitchell Solicitors
 
:*[[Re MW; LB Hammersmith and Fulham v MW (2012) MHLO 82 (COP)]]
 
*Mathieu Culverhouse, Irwin Mitchell Solicitors
 
:*[[Re CP; WBC v CP (2012) EWHC 1944 (COP), (2012) MHLO 144]]
 
*Sophy Miles, Miles & Partners LLP
 
:*[[Re Steven Neary; LB Hillingdon v Steven Neary (2011) EWHC 3522 (COP)]]
 
*Barbara Rich, 5 Stone Buildings
 
:*[[Re JC; D v JC (2012) MHLO 35 (COP)]]
 
*Alex Ruck Keene, 39 Essex Street
 
:*[[Re H; A Local Authority v H (2012) EWHC 49 (COP), (2012) MHLO 3]]
 
:*[[Re JDS; Kevin Smyth v JDS (2012) COP 19334473 19/1/12, (2012) MHLO 4]]
 
:*[[B v B (2010) EWHC 543 (Fam)]]
 
:*[[Re D; An NHS Trust v D (2012) EWHC 885 (COP), (2012) MHLO 47]]
 
:*[[LB Haringey v FG (No. 1) (2011) EWHC 3932 (COP)]]
 
:*[[LB Haringey v FG (No. 2) (2011) EWHC 3933 (COP)]]
 
:*[[Re D; An NHS Trust v D (2012) EWHC 885 (COP), (2012) MHLO 47]]
 
:*[[Re D (Official Solicitor's costs); An NHS Trust v D (2012) EWHC 886 (COP), (2012) MHLO 48]]
 
:*[[Verlander v Rahman (2012) EWHC 1026 (QB), (2012) MHLO 49]]
 
:*[[SCC v JM (2012) MHLO 111 (COP)]]
 
:*[[A, B and C v X, Y and Z (2012) EWHC 2400 (COP), (2012) MHLO 112]]
 
:*[[Re AS; SH v LC (2012) MHLO 113 (COP)]]
 
==Publication information==
Published January 2013
 
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