Legal Aid Agency, '2018 Standard Civil Contract: Category Specific Rules: Mental Health (section 9)' (20/3/23)
Civil contract mental health section The change from the version is the addition of paragraphs 9.105 to 9.109. These set out the requirements for claiming a fee for work done following a rule 11(7)(a) appointment for a client who does not provide instructions. The new text is reproduced here.
Date
The PDF's footer is "February 2023". The document was created on 14/2/23 and last modified on 20/3/23, which is the date of the updated Legal Aid Agency, 'Contract management: mental health guidance' (v4, 20/3/23).
New text
Appointments made under paragraph 11(7)(a) of The Tribunal Procedure (first-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 or paragraph 13(5)(a)(i) of the Mental Health Review Tribunal for Wales Rules 2008
9.105 Where you are appointed to represent a Client by the MHT under paragraph 11(7)(a) of the Tribunal Procedure (first-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (“English Appointment”) or paragraph 13(5)(a)(i) of the Mental Health Review Tribunal for Wales Rules 2008 (“Welsh Appointment”) and are unable to make contact with the Client or they refuse to engage with you, you are entitled to claim a Level 1 (Mental Health Proceedings) Fee where all the following conditions are met:
- (a) you must retain a copy of the:
- (i) order issued by the MHT titled ‘Rule 11(7)(a) Appointment of a Representative’ which must be stamped and dated by the MHT confirming that you have been appointed to represent the Client where the appointment is an English Appointment; or
- (ii) letter or email issued by the MHT confirming that you have been appointed to represent the Client where the patient does not wish to conduct their own case and wishes to be represented. The letter or email must include the name of the appointed representative and Provider where the appointment is a Welsh Appointment;
- (b) you must retain a copy on file of your response to the MHT confirming that you accept the MHT referral to represent the client and you have provided the following details to the MHT:
- (i) the name of the legal representative who will conduct the Matter;
- (ii) confirmation that the named legal representative is a current member of the Law Society’s Mental Health Tribunal Accreditation Scheme; and
- (iii) that they will personally represent the patient at their forthcoming MHT hearing;
- (c) you must make sufficient and reasonable attempts (which must be recorded on the Client file) to obtain instructions from the Client (including but not limited to liaising with the hospital’s administration where the Client is admitted at a hospital) and retain the following evidence on your file as applicable in the particular circumstances:
- (i) copy letter to the Client confirming your appointment by the MHT including information provided by the hospital and the consequences of failure to provide instructions or engage with you;
- (ii) copies of your correspondence to the hospital evidencing your attempts to contact the Client;
- (iii) copies of correspondence or a written note detailing telephone calls, emails etc with the Client’s community team or carers concerning patients on a Community Treatment Order or a conditionally discharged patient; and
- (iv) where available written confirmation (which may include email communication) from the hospital, community team or carers that the Client no longer wishes to be represented or engage with you.
9.106 The Matter shall be considered at an end for the purposes of Paragraph 3.64(b) two months after you send the written letter described at Paragraph 9.105(c)(i).
9.107 Where you are unable to make contact with the Client or they refuse to engage with you, the application for Controlled Work must be completed in accordance with Paragraph 9.59.
9.108 Escape Fees do not apply to Claims made pursuant to Paragraph 9.105 and the Level 1 (Mental Health Proceedings) Fee is the only fee payable in any circumstances.
9.109 Where you do make contact with and receive instructions from a client following an appointment under paragraph 11(7)(a) of the Tribunal Procedure (first-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, Mental Health Fees described in Paragraph 9.66 will apply.