Updates

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Recent updates on website

For details of any news item from this month, click on the relevant link below.

  • 16/01/21
    (1908)
    : Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (12/12/19) — This practice note contains information under the following headings: (1) Introduction; (2) The right to legal advice and representation before the tribunal; (3) Communication with the client; (4) Taking instructions; (5) Your duties towards your client; (6) Good tribunal practice; (7) Representing children and young people before the tribunal; (8) More information. The changes mainly arise from the the SRA Handbook being replaced by the SRA Standards and Regulations on 25/11/19. A tracked changes version is available on MHLO.
  • 15/01/21
    (2250)
    : White Paper on MHA reform. SSHSC, LC and SSJ, 'Reforming the Mental Health Act' (CP 355, 2021, consultation from 13/1/21 to 21/4/21) — "It is two years since Professor Sir Simon Wessely delivered his landmark Independent Review of the Mental Health Act. ... We accept, and we will take forward, the vast majority of its recommendations for change. ... The changes are based on 4 principles that have been developed with people with lived experience of the MHA. They are: (1) choice and autonomy - ensuring service users’ views and choices are respected; (2) least restriction - ensuring the MHA’s powers are used in the least restrictive way; (3) therapeutic benefit - ensuring patients are supported to get better, so they can be discharged from the MHA; (4) the person as an individual - ensuring patients are viewed and treated as individuals."
  • 15/01/21
    (2208)
    : Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 110, January 2021) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; (3) In the Practice and Procedure Report: for how long does a Court of Protection judgment remain binding, and helpful guidance for experts reporting upon capacity; (4) In the Wider Context Report: challenging reports about the disproportionate effect of COVID-19 upon those with learning disability, young people with learning disability and autism under detention, and capacity and public hearings before the Mental Health Tribunal; (5) In the Scotland Report: discharge from hospital without proper consideration of ECHR rights."
  • 15/01/21
    (2151)
    : Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 109, November 2020) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; (3) In the Practice and Procedure Report: for how long does a Court of Protection judgment remain binding, and helpful guidance for experts reporting upon capacity; (4) In the Wider Context Report: challenging reports about the disproportionate effect of COVID-19 upon those with learning disability, young people with learning disability and autism under detention, and capacity and public hearings before the Mental Health Tribunal; (5) In the Scotland Report: discharge from hospital without proper consideration of ECHR rights."
  • 07/01/21
    (0051)
    : Updated peer review guidance document. LAA, 'Improving Your Quality in Mental Health' (v5, December 2020, published 4/1/20) — The main substantial changes are: (1) the guidance is no longer "for the benefit of those wishing to achieve the highest levels of quality of legal advice and work" but for those "wishing to achieve good levels of quality of legal advice and work"; (2) the addition of three new "major concerns": (a) Where there is no written advice at the conclusion of a case in terms of rights as to informal status/s117 rights/detained patients' further rights of application or referral and relevant entitlement/detention dates; (b) Where there is no evidence of an informed discussion with the client about whether to seek a r34 Medical Examination in non s2 cases; (c) Where there is concern as to the client’s capacity, has a rule 11 appointment has been considered, and has the issue as to the client's capacity been noted, and kept under review as the case progressed? A version with highlighted changes is available on MHLO.
  • 05/01/21
    (2351)
    : New CW 1&2 MH form — On 23/12/20 version 14 of this form was uploaded to the Gov.uk website with the following notice: "Published new versions of the CW1&2 and CW4 with updated privacy notices. These changes are part of our preparations for exiting the European Union once the transition period ends on 31/12/20." Para 3.12 of the 2018 Standard Civil Contract Specification states: "We may amend the Application Forms from time to time upon giving at least 28 days' notice to you." As in the past, if no notice was given to you of this change at the time then you should expect the LAA to commence the 28-day period from when notification under the contract was belatedly made. See Legal Aid forms

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