April 2017 update
Website
- Mental Health Law Online CPD scheme: 12 points for £60. Obtain 12 CPD points online by answering monthly questionnaires. The scheme is an ideal way to obtain your necessary hours, or to evidence your continued competence. It also helps to support the continued development of this website, and your subscriptions (and re-subscriptions) are appreciated. For full details and to subscribe, see CPD scheme.
- Cases. On 31/3/17 Mental Health Law Online contained 1842 categorised cases
- Chronology. See April 2017 chronology for this month's changes to the website in date order.
Case law
- Transfer to Broadmoor case. R (YZ) v Oxleas NHS Foundation Trust [2017] EWCA Civ 203, [2017] MHLO 14 — Click on link to view page.§
- Costs case. Mole v Parkdean Holiday Parks Ltd [2017] EWHC B10 (Costs), [2017] MHLO 13 — Click on link to view page.§
- CICA case. R (M) v FTT and CICA [2017] UKUT 95 (AAC), [2017] MHLO 12 — Click on link to view page.§
- Best interests case. N v ACCG [2017] UKSC 22, [2017] MHLO 11 — Click on link to view page.§
Legal Aid Agency
- Legal Aid Agency, 'Contract Management: Mental Health Guidance' (v2, 3/4/17). The press release (4/4/17) for this updated guidance states: "Updated guidance has been published which helps providers with questions about mental health work under the 2014 Standard Civil Contract. Development of this update follows constructive discussions with the Mental Health Lawyers Association and the Law Society. The updated document clarifies a small number of provisions in the 2014 Standard Civil Contract. For example, the requirements for triggering a Level 2 (Mental Health Proceedings) Fee. The questions covered in the document are the most common ones raised by providers since the introduction of a standard fee scheme for this work in 2008." See Legal Aid#Guidance documents
Law Society
- Law Society mental capacity (welfare) accreditation scheme. —
Quotation from Law Society website: "This accreditation has been designed to prove your experience to prospective clients and their relatives in representing the needs of vulnerable clients. It has been developed in conjunction with, and approved by, the Court of Protection, pursuant to Rule 3A and Rule 6 of the Court of Protection Rules to provide accredited legal representatives (ALRs)." The scheme commenced on 24/3/17.§ See Law Society mental capacity (welfare) accreditation scheme
Other
- Lucy Series, 'It's that time again…' (20/4/17). This article notes that in order to vote there is no need to have the mental capacity to vote (s73(1) Electoral Administration Act 2006 states that "[a]ny rule of the common law which provides that a person is subject to a legal incapacity to vote by reason of his mental state is abolished"), but the Electoral Commission is of the view that the declaration of truth on the individual voter registration form must be signed with someone with mental capacity to do so or by a deputy/attorney. See Voting rights for detained patients#Capacity
- Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2015-17' (updated on 9/4/17). See Newsletters#Edge Training
Events
- MHLA: Panel course - London, 28/6/17 and 29/6/17 — No results
- Edge Training: MHA Code of Practice - Preparing for the CQC - London, 22/5/17 — No results
Lucy Series, 'It's that time again…' (20/4/17).: This article notes that in order to vote there is no need to have… https://t.co/8zP5yWIgmt
— Mental Health Law (@MHLonline) April 30, 2017
Transfer to Broadmoor case. R (YZ) v Oxleas NHS Foundation Trust [2017] EWCA Civ 203, [2017] MHLO 14: — "This case… https://t.co/wnQ99Q37Pc
— Mental Health Law (@MHLonline) April 29, 2017
Costs case. Mole v Parkdean Holiday Parks Ltd [2017] EWHC B10 (Costs), [2017] MHLO 13: — "The issue that arises for… https://t.co/4mPb4QHp1O
— Mental Health Law (@MHLonline) April 29, 2017
CICA case. R (M) v FTT and CICA [2017] UKUT 95 (AAC), [2017] MHLO 12: — "Mr M sought permission to bring judicial… https://t.co/Dh9Ey3RBOh
— Mental Health Law (@MHLonline) April 29, 2017
"Judge exposes how we criminalize mental illness: Opinion" https://t.co/w2BVkbIIBM via @torontostar
— Mental Health Law (@MHLonline) April 29, 2017
Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2015-17' (updated on 9/4/17).… https://t.co/D6t7onAuH5
— Mental Health Law (@MHLonline) April 28, 2017
This is awkward! >> NHS not doing enough to help police prevent terror attacks, warns Met's counter-terror chief - https://t.co/aBHuwHZzFQ
— Michael Brown OBE (@MentalHealthCop) April 27, 2017
Best interests case. N v ACCG [2017] UKSC 22, [2017] MHLO 11: — "So how is the court’s duty to decide what is in… https://t.co/5OJTGMmRtN
— Mental Health Law (@MHLonline) April 27, 2017
I've now written a post for @seethrujustice about this decision & the way it's been reported https://t.co/06fyapDn0C https://t.co/KitD8BQTok
— Barbara Rich (@BarbaraRich_law) April 24, 2017
@MentalHealthCop Informed by DH no time to complete Regulations due to Purdah. The plan is for Regs in June, implementation in July
— Lisa Moylan (@LisaLouRMN) April 24, 2017
Heard that implementation of the Mental Health Act amendments will now be delayed until after the General Election - more time to prepare!
— Michael Brown OBE (@MentalHealthCop) April 24, 2017
When people are so scared of going 'into care' they ask to be killed, we need to address care, not euthanasia laws https://t.co/Ha9imVYY52
— Lucy Series (@TheSmallPlaces) April 25, 2017
'We placed our trust in a carer - but he stole more than £100,000' https://t.co/3wCw3lbLpl via @Telegraph
— Mental Health Law (@MHLonline) April 27, 2017
BBC News - Teenage offender held in inhuman conditions, court hears https://t.co/OSTYIVWffF
— Mental Health Law (@MHLonline) April 27, 2017
MHLA: Panel course - London, 28/6/17 and 29/6/17: — The Mental Health Lawyers Association are running their Panel… https://t.co/WnKv754Oye
— Mental Health Law (@MHLonline) April 26, 2017
Court of Protection: Newcastle-Upon-Tyne City Council v TP (Best Interests) [2016] EWCOP 61 (21 December 2016) https://t.co/mu9wdhVdgy
— Mental Health Law (@MHLonline) April 26, 2017
Court of Protection: Newcastle City Council v TP & Anor (Capacity) [2016] EWCOP 62 (25 November 2016) https://t.co/4oVOofhDT3
— Mental Health Law (@MHLonline) April 26, 2017
Court of Protection: Newcastle City Council v TP & Anor (Judgment findings) [2016] EWCOP 63 (22 November 2016) https://t.co/4rGhw0kcOP
— Mental Health Law (@MHLonline) April 26, 2017
Patient waits four years to leave hospital https://t.co/RSkaYIvhbU
— BBC Health News (@bbchealth) April 24, 2017
Fab guidance here from @ElectoralCommUK on disabled people's voting rights https://t.co/C7Qy13R1hH
— Lucy Series (@TheSmallPlaces) April 20, 2017
Court of Protection: Newcastle-Upon-Tyne City Council v TP (Capacity of TP No. 2) [2016] EWCOP B4 (25 November 2016) https://t.co/G1lwALcBCa
— Mental Health Law (@MHLonline) April 20, 2017
Court of Protection: Newcastle-Upon-Tyne City Council v TP (Final No. 3) [2016] EWCOP B4 (25 November 2016) https://t.co/uHhojaoCuC
— Mental Health Law (@MHLonline) April 20, 2017
Court of Protection: Newcastle-Upon-Tyne City Council v TP (Best interests of TP No. 1) [2016] EWCOP B3 (22… https://t.co/tflDQd1POQ
— Mental Health Law (@MHLonline) April 20, 2017
Various references to mental health in Parole Board Member Case Assessment Guidance 10 April 2017 - https://t.co/sk3KqCexyU
— David Cochrane (@dlgcochrane) April 19, 2017
NEWS: Lack of follow up for discharged mental health hospital patients doubles suicide risk https://t.co/yu7eKiRf6t
— Mental Health Today (@mhtodaymag) April 19, 2017
BBC News - More NHS mental health patients treated privately https://t.co/2B3xkPgy4t
— Mental Health Law (@MHLonline) April 19, 2017
Legal aid in contempt proceedings: a happier outcome https://t.co/pdISpgyCyH
— Gordon Exall (@CivilLitTweet) April 18, 2017
"Electroconvulsive therapy on the rise again in England" https://t.co/jJp7zTxyum
— Mental Health Law (@MHLonline) April 18, 2017
Blavo v SRA - the latest twist https://t.co/dcCwdZYfrE @legalfutures
— CrimeLine Complete (@CrimeLineLaw) April 14, 2017
A footnote to https://t.co/OpTxKhsFic - Teresa Kirk wins costs of successful appeal against committal for contempt https://t.co/GQGUh0myFh
— Barbara Rich (@BarbaraRich_law) April 13, 2017
This poor woman needed help from mental health services, rather than having her judgement delivered in open Court. https://t.co/iEKeehvYnz
— Robert Howard (@ProfRobHoward) April 12, 2017
revised link https://t.co/eLZd1qTopK
— CrimeLine Complete (@CrimeLineLaw) April 12, 2017
"It is a farrago of delusional nonsense" - you can guess how this case ends. https://t.co/yNZL2kZNpm
— CrimeLine Complete (@CrimeLineLaw) April 12, 2017
Court of Protection: SW, Re [2017] EWCOP 7 (12 April 2017) https://t.co/D9as6lj6L0
— Mental Health Law (@MHLonline) April 12, 2017
McCann v The State Hospitals Board for Scotland [2017] UKSC 31 Smoking ban
illegal as more than minimum restriction https://t.co/Slv1nGGc2p— UKSCblog.com (@UKSCBlogcom) April 11, 2017
@CoPPA17 Court of Protection costs Blog: the OPG105 form and it’s impact one year on. https://t.co/fPlwGCCqXP
— SPH LAW COSTS (@SPHCOSTSLAWYERS) April 11, 2017
Edge Training: MHA Code of Practice - Preparing for the CQC - London, 22/5/17: — The day will provide training on… https://t.co/ikmBHSzT6x
— Mental Health Law (@MHLonline) April 7, 2017
Legal Aid Agency, 'Contract Management: Mental Health Guidance' (v2, 3/4/17).: The press release (4/4/17) for this… https://t.co/vPhNvARtry
— Mental Health Law (@MHLonline) April 7, 2017
Law Society mental capacity (welfare) accreditation scheme.: — Quotation from Law Society website: "This… https://t.co/o4DSwba7sp
— Mental Health Law (@MHLonline) April 7, 2017
Here is the latest Legal Aid Bulletin:#legalaid https://t.co/UwtF6aBc8g
— Legal Aid Agency (@LegalAidAgency) April 7, 2017
Latest legal aid statistics published https://t.co/jpy8MJjI4B pic.twitter.com/LaY8iYQ3SA
— Legal Aid Handbook (@legalaidhbk) April 5, 2017
Court of Protection: SL, Re [2017] EWCOP 5 (05 April 2017) https://t.co/jvtybJxJJB
— Mental Health Law (@MHLonline) April 5, 2017
Court of Protection: M and N, Re [2016] EWFC 69 (05 December 2016) https://t.co/Kc5x8TA6Lo
— Mental Health Law (@MHLonline) April 5, 2017
Court of Protection: Lincolnshire County Council v J K [2016] EWCOP 59 (17 November 2016) https://t.co/IVubdH1YFZ
— Mental Health Law (@MHLonline) April 5, 2017
Mental Capacity and Deprivation of Liberty – an update on reform https://t.co/ShJ7y9kc72 via @GeriSoc
— Celia Kitzinger (@KitzingerCelia) April 5, 2017
5 - a power of search in a PoS during detention under s135/6 MHA.
6 - consultation requirement, before using s136, where practicable.— Michael Brown OBE (@MentalHealthCop) April 5, 2017
3 - timescale for assessment down from 72hrs to 24hrs
4 - section 136 can be used in any public or private place, other than a dwelling.— Michael Brown OBE (@MentalHealthCop) April 5, 2017
1 - no children to custody as a Place of Safety, ever.
2 - no adults, other than in exceptional circumstances (not yet defined).— Michael Brown OBE (@MentalHealthCop) April 5, 2017
It bears repeating because it's just *weeks* away: I'm *still* hearing some professionals don't know it's coming! - https://t.co/LOwoAhZso7
— Michael Brown OBE (@MentalHealthCop) April 5, 2017
The April 2017 Mental Capacity Reports are now available - https://t.co/cnDwyJCAS0 #mentalcapacity #courtofprotection #COP
— Mental Capacity Law (@39CapacityLaw) April 5, 2017
39 Essex Chambers special report on Law Commission proposals https://t.co/l4cmvfG7OX
— Alex Ruck Keene (@Capacitylaw) April 5, 2017
Public Guardian (Fees, etc.) (Amendment) Regulations 2017 - The ?Public Guardian (Fees, etc.) (Amendment) Regul... https://t.co/aySjKl8gOo
— CoP Made Clear (@CoPhub) April 3, 2017
Reminder new fixed costs for Public Authority deputies from 01/04/17. https://t.co/TuNj1NM4pR
— APAD (@APADUK) April 3, 2017
Deprivation of Liberty applications doubled in 2016 - The latest Family Court Statistics Bulletin published by ... https://t.co/FzaOOwoze8
— CoP Made Clear (@CoPhub) April 3, 2017
Law change removes deprivation of liberty inquests duty https://t.co/bxEPe3n3MA
— Community Care (@CommunityCare) April 4, 2017
LAA Update: News story: Civil news: updated mental health guidance published https://t.co/fuF6bKujSj
— Legal Aid Handbook (@legalaidhbk) April 4, 2017
Supreme Court say that just like P, the Court of Protection can only choose between ‘available options’ N v CCG https://t.co/BSQoWW2DCw
— Bridget Dolan QC (@DrBridgetDolan) March 22, 2017
Summary of Law Commission proposals on reform of Deprivation of Liberty Safeguards https://t.co/ddAQSIrnHZ
— Sarah Simcock (@SimcockSarah) March 24, 2017
Alexander Blackman sentenced to 7 years, will serve half. Sentencing remarks here https://t.co/TkjaCdFp7v pic.twitter.com/bBtZkjDKDS
— Judicial Office (@JudiciaryUK) March 28, 2017
High Court reserves judgment in DOLS funding test case https://t.co/zFfLMe3TSV #familylaw
— Family Law News (@familylaw) March 24, 2017
We've just published guidance for professionals preparing to act as an attorney under a #lastingpowerofattorney https://t.co/2K3xjZeJzK
— OPG (@OPGGovUK) March 3, 2017
From 1 April, #LPA and #EPA registration fees will reduce from £110 to £82. More here https://t.co/i4Y8tGevSM
— OPG (@OPGGovUK) March 31, 2017
Podcast of my briefing on the Law Commission Mental Capacity and Deprivation of Liberty Report now available https://t.co/mKivU5Qkr0
— Alex Ruck Keene (@Capacitylaw) March 21, 2017
New Chief Coroner’s Guidance on DOLS https://t.co/lf84zMOqXS
— Alex Ruck Keene (@Capacitylaw) March 28, 2017
Deaths under DoLS changes – further guidance https://t.co/d00NoHTfpD
— Alex Ruck Keene (@Capacitylaw) March 30, 2017
New guidelines (2017) on the mental health of adults in the criminal justice system - https://t.co/DINaLfL4AQ pic.twitter.com/djzLc1nKZ7
— Michael Brown OBE (@MentalHealthCop) March 26, 2017
The last full year's statistics on the use of s136 MHA in England and Wales - pic.twitter.com/xEq5fKaKOb
— Michael Brown OBE (@MentalHealthCop) March 30, 2017
39% of people in police custody have mental health problems, according to @NICEcomms - https://t.co/Vx1x9q3v2r pic.twitter.com/P7a6DAL2v8
— Michael Brown OBE (@MentalHealthCop) April 1, 2017
The Policing and Crime Act series of blogs, on amendments to the Mental Health Act 1983 - https://t.co/p6CpccArv0
— Michael Brown OBE (@MentalHealthCop) April 1, 2017
Law Com estimate fully funded DoLS costs £2154m pa; Liberty Protection Safeguards estimated annual cost £208m https://t.co/aiisf0wSjX pic.twitter.com/ISiZLKDtwu
— Lucy Series (@TheSmallPlaces) March 14, 2017
Summary of Re (MN) judgment, on best interests and options available, from @Capacitylaw @NeilAllen39 @sophymiles1 https://t.co/vmB5pb5rHG
— Lucy Series (@TheSmallPlaces) March 22, 2017
Detaining people to help them: The Deprivation of Liberty Safeguards explained in plain English https://t.co/wnQoGHzypC pic.twitter.com/qtNl4jgKom
— RightsInfo (@rights_info) March 28, 2017