March 2016 update

Case law

• PJ and MM appeal dates. Listing news: "Lord Justice Moor-Bick has directed that [C3/2016/0561 Re MM] be expedited into the court list and be heard with C3/2015/4104 Re: PJ with a combined time estimate of 2 days. It has now been imposed into the list floating over the 8th and 9th June 2016." (Email from Civil Appeals Office, 17/3/16). See MM v WL Clinic [2016] UKUT 37 (AAC), [2016] MHLO 3

• Conditional discharge and DOL. On 9/3/16 the Court of Appeal granted permission in MM v WL Clinic because "[T]he appeal raises important points of principle which ought to be considered by this court and on which there is a real prospect of success" and directed that the hearing of the appeal be expedited. See MM v WL Clinic [2016] UKUT 37 (AAC), [2016] MHLO 3. The Court of Appeal decision form was provided by Donald Tiong of Bison Solicitors. If anyone has information about a case which is suitable for publication then please do send it in.

Book

• New book. Law Society, Deprivation of Liberty: Collected Guidance (Law Society, 2016)·

Website and CPD

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

• Cases. On 31/3/16 Mental Health Law Online contained 1770 categorised cases

• Chronology. See March 2016 chronology for this month's changes to the website in date order.

Twitter

The Northern Ireland Mental Capacity Bill which is nearing finalisation - https://t.co/sF1LG5izKY

— Insp Michael Brown (@MentalHealthCop) March 22, 2016

What happens to people after discharge from secure psychiatric hospital? https://t.co/quHAFF6vST

— Mental Health Law (@MHLonline) March 24, 2016

Unsolved death at secure hospital sparks public row between NHS and police | Nottingham Post https://t.co/mVSjGhCLE8 via @Nottingham_Post

— Mental Health Law (@MHLonline) March 24, 2016

Determinations of applications for permission to appeal to UKSC considered during February published https://t.co/JyJ1u7nQjQ

— UK Supreme Court (@UKSupremeCourt) March 23, 2016

Court of Protection: YW, Re [2016] EWCOP 18 (24 March 2016) https://t.co/9xb1Vw4AC8

— Mental Health Law (@MHLonline) March 24, 2016

Court of Protection: NHS Trusts v C (Medical Treatment and Reporting Restrictions Order) (1) [2016] EWCOP 17 (01… https://t.co/rC1pbyKzEo

— Mental Health Law (@MHLonline) March 23, 2016

BBC News - When is it safe to release patients from secure hospitals? https://t.co/mNSCObLcZa

— Mental Health Law (@MHLonline) March 20, 2016

BBC News - Campaigners criticise checks for vulnerable people https://t.co/8RHvkryCCA

— Mental Health Law (@MHLonline) March 20, 2016

Third anniversary of entrusting the care of our beautiful dude to @Southern_NHSFT. They extinguished his life. 107 days later. #JusticeforLB

— Sara (@sarasiobhan) March 19, 2016

Mr Justice Mostyn https://t.co/AapXWii4XZ says he wants to dispel idea that Court of Protection secret or sinister

— Brian Farmer (@BrianfaFarmer) March 20, 2016

PJ and MM appeal dates.: Listing news: "Lord Justice Moor-Bick has directed that [C3/2016/0561 Re MM] be expedited… https://t.co/qmUQYwkiHz

— Mental Health Law (@MHLonline) March 19, 2016

Fascinating article about what happened when Germany temporarily outlawed coercive treatment https://t.co/nLkfqrNUco cc @Sectioned_

— Lucy Series (@TheSmallPlaces) March 18, 2016

Court of Appeal passes buck for the IPP prisoner mess onto Parliament https://t.co/QJscoKJwwZ

— CrimeLine Complete® (@CrimeLineLaw) March 18, 2016

New report from @EHRC reveals hundreds dying in unexpected deaths in state detention - https://t.co/aFEiQxs8yv

— Insp Michael Brown (@MentalHealthCop) March 18, 2016

'#LearningDisabilities Census Report - Further Analysis: England, 30 Sep 2015'. https://t.co/oirwDRjt6w #hscicstats #MentalHealth

— HSCIC (@hscic) March 18, 2016

Summary of @EHRC progress review on the deaths of adults deaths with mental health conditions in state detention - https://t.co/sVskoce02J

— Insp Michael Brown (@MentalHealthCop) March 18, 2016

The Masked AMHP's latest blog post, on Sec.117 Aftercare v. Continuing Healthcare: https://t.co/jOBERftMfi pic.twitter.com/xekN6AnJnn

— Masked AMHP (@MaskedAMHP) March 17, 2016

Care company MiHomecare could face legal action over wages https://t.co/EawdEJw3RG

— Mental Health Law (@MHLonline) March 17, 2016

Appeal likely to be heard in Dec or Jan. Fiona Paterson to appear as junior counsel for the respondent CCG. https://t.co/nbU6Jnjp9z 2/2

— Serjeants' Inn (@serjeantsinn) March 7, 2016

The @UKSupremeCourt has just granted leave to appeal the Court of Appeal’s landmark decision in Re MN regarding CoP’s jurisdiction. 1/2

— Serjeants' Inn (@serjeantsinn) March 7, 2016

A mentally ill woman who killed three people seeks compensation for being segregated in prison https://t.co/QmMjf6nkdw

— hundredfamilies (@hundredfamilies) March 14, 2016

Too few CQC inspectors completing Mental Capacity Act training, watchdog admitshttps://t.co/Pl4QY56mcM

— Community Care (@CommunityCare) March 14, 2016

BBC News - Broadmoor Hospital sirens 'not as good as Twitter' https://t.co/IPZE61SX2G

— Mental Health Law (@MHLonline) March 16, 2016

Conditional discharge and DOL.: On 9/3/16 the Court of Appeal granted permission in MM v WL Clinic because "[T]he… https://t.co/nafFuKsg0o

— Mental Health Law (@MHLonline) March 12, 2016

Just seen a car park full of those new driverless cars.

— Milton Jones (@themiltonjones) March 12, 2016

Too few CQC inspectors completing Mental Capacity Act training, watchdog admits https://t.co/3ba554pCMw

— Community Care (@CommunityCare) March 11, 2016

Court of Protection: VE, Re [2016] EWCOP 16 (10 March 2016) https://t.co/uyPtDSQ9JG

— Mental Health Law (@MHLonline) March 11, 2016

Court of Protection: JM & Ors, Re Mental Capacity Act 2005 [2016] EWCOP 15 (10 March 2016) https://t.co/huwqmaJQpv

— Mental Health Law (@MHLonline) March 11, 2016

‘My views on gay marriage shouldn’t stop me from being a social worker’ https://t.co/vjP1hIgUxI #socialwork

— Community Care (@CommunityCare) March 10, 2016

I have posted a blog which describes how we began to tackle the posting of free publications of judgments on the web https://t.co/9xmZDSPXLF

— Henry Brooke (@HenryBrooke1) March 10, 2016

Councils threaten government with legal action over deprivation of liberty funding https://t.co/zGIEht82lz

— Community Care (@CommunityCare) March 10, 2016

Court of Protection: FH, Re [2016] EWCOP 14 (01 March 2016) https://t.co/vl7QwismsB

— Mental Health Law (@MHLonline) March 8, 2016

New book.: Law Society, Deprivation of Liberty: Collected Guidance (Law Society, 2016) https://t.co/KqaG7uqajo

— Mental Health Law (@MHLonline) March 6, 2016

Winterbourne View report ignores the elephant in the room: fundinghttps://t.co/DuQ1gscXDk

— Community Care (@CommunityCare) March 6, 2016

Epilepsy and marriage – busting the myth | Epilepsy Action https://t.co/U9PpocKD2T from @epilepsyaction

— Mental Health Law (@MHLonline) March 4, 2016

I may not have been entirely keen on the CoP pilot case management scheme...

— suesspicious minds (@suesspiciousmin) March 3, 2016

In the Court of Protection no-one can hear you scream (about the Case Management Pilot) https://t.co/x2QZTE5XY2

— suesspicious minds (@suesspiciousmin) March 3, 2016

The Masked AMHP's latest post, a guest blog on recent case law concerning moving an incapacitous person: https://t.co/UUOsp7lNGq

— Masked AMHP (@MaskedAMHP) March 3, 2016

LAA Update: Detailed guide: Legal aid: eForms - Register with LAA online to send civil forms POA1 and crime for... https://t.co/zakkunF32t

— Legal Aid Handbook (@legalaidhbk) March 3, 2016

Comments invited from legal professionals on draft CoP case management practice direction https://t.co/9ELHAmkiSw pic.twitter.com/wKkRFy3kVH

— Judicial Office (@JudiciaryUK) March 2, 2016

Read government response on plans to give CQC powers to set fees for the cost for its inspections https://t.co/czjDk8B6U4

— Department of Health (@DHgovuk) March 1, 2016

Autistic boy, 15, thinks he is 'in prison' after being locked on ward https://t.co/nitgkDzkzX via @MailOnline

— Mental Health Law (@MHLonline) March 1, 2016

Today we've launched our new deputy report forms to improve #safeguards for those at risk. Download the forms here https://t.co/PtqZ9jcjDY

— OPG (@OPGGovUK) March 1, 2016

LAA Update: News story: Civil news: 2016/17 schedules and 2013 contract extensions https://t.co/34TA8L6WzT

— Legal Aid Handbook (@legalaidhbk) March 1, 2016

Deprivation of liberty and young people – what social workers need to know https://t.co/lPEeVGzWaM

— Community Care (@CommunityCare) March 1, 2016