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January 2010 update

Case law

  • R (D and M) v SSWP [2010] EWCA Civ 18(1) That prisoners detained under s47, s47/49 or s45A, in contrast with civil patients or hospital order patients, receive no welfare benefits until their release date is not unlawful discrimination under Article 14 taken with A1P1. (2) On a proper construction of the statutory language, lifers detained under the MHA are entitled to Income Support or State Pension Credit when they reach their tariff expiry date. [Caution.]§
  • R (DK) v SSJ [2010] EWHC 82 (Admin)DK's s47 transfer was based on the report of a doctor and a psychologist which dealt with the treatability of his psychopathic disorder, and three proforma reports from doctors which did not deal with treatability. As treatability was not addressed, with reasons, by two medical practitioners, the transfer decision was quashed. [Caution: decided before 2007 Act amendments.]§
  • Re Bax (2009) COP 22/10/09The donor appointed A and B to act jointly, and then provided that "In the event A is unable or unwilling to act as my attorney then I appoint C." On the attorneys' application the court severed the appointment of C. Although a donor may appoint a substitute attorney, the appointment must not be incompatible with a joint appointment of the original attorneys. [OPG summary - EPA cases.]§
  • ‎Re Bullock (2009) COP 15/12/09
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  • ‎Re Smith (2009) COP 7/12/09
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Legal Aid

  • The LSC published their Mental Health Procurement Plan on 22/1/10. This document shows the Mental Health services the LSC are commissioning and the volume of New Matter Starts (NMS) available in each Strategic Health Authority procurement area and High Security Hospital from October 2010. See Legal Aid#CLS News
  • 25/01/10: CLS News item: "Changes to the civil legal aid means test 20-01-2010". From 11/1/10 onwards, a disregard can be made for any monthly payment that the client (or his partner, where applicable) is required to make under a contribution order towards the costs of representation in his criminal case. See Legal Aid#CLS News

Other documents

  • In the final report of the Speaker's Conference on Parliamentary Representation, published on 6/1/10, MPs recommend that s141 be repealed. The section provides that an MP will lose his seat if detained for mental disorder for the specified period. See s141 for details.
  • This month Rethink launched a campaign to amend the rules on the mental-disorder disqualification from jury service. See Jury service
  • DH list of supervisory bodies updated again on 14/1/10. See DOLS
  • The DCSF have published "Keeping Children and Young People in Mind: The Government’s full response to the independent review of CAMHS". See Children and mental health law

Website

  • On 31/1/10, Wikimentalhealth contained 697 categorised cases