April 2009 chronology

See April 2009 update for a summary of these changes. This page is incomplete.

26/04/09: NMHDU published New Roles Early Implementer Site Project in March 2009 (nurses etc becoming Approved Clinicians and AMHPs). See Responsible Clinician/Approved Clinician replaces Responsible Medical Officer

26/04/09: On 1/4/09 the NHS complaints procedure was simplified. Now there are only two stages - local resolution and the Ombudsman. See NHS complaints procedure

26/04/09: In April the MoJ Mental Health Unit website closed and was replaced by a "Mentally disordered offenders" section on the main MoJ website. See external links on Ministry of Justice page.

26/04/09: Two consultations added. (1) Direct payments regulations (response published); (2) Environmental design principles for adult medium secure units (closes 10/7/09). See Consultations

26/04/09: 2009 Scottish case added. M v Murray (Mental Health Officer) [2009] ScotSC 8 — The appellant patient argued that the mental health officer's application to the Mental Health Tribunal for Scotland was misconceived because the second medical report which accompanied the application did not meet the requirements of the Mental Health (Care and Treatment) (Scotland) Act 2003; taken as a whole and in the circumstances (that the application is made in the interests of the patient and the Tribunal also hear oral evidence) the report did meet the requirements.§
19/04/09: Responsible clinicians at MSUs: if you have been told that you require MoJ permission to grant hospital ground leave beyond the confines of your MSU for all your restricted patients then you have been misled. See Power to specify hospital units. Permission is only required if your particular hospital unit is specified in the hospital order, transfer direction, or equivalent.

19/04/09: Text of Mental Health Act 1983 checked and fully updated. See Mental Health Act 1983. The most recent amendments were made by the Health and Social Care Act 2008 and came into force on 1/4/09 in relation to the Care Quality Commission

18/04/09: DH's supervisory body contact details list updated on 17/4/09. See DOLS

13/04/09: 77 cases summarised and 66 other cases categorised in law few days. See Mental health case law

12/04/09: 2009 miscellaneous case added. Scott, R (on the application of) v London Borough of Hackney [2009] EWCA Civ 217 — Click on link to view page.§
12/04/09: 2009 NI case added. Re BS [2009] NIFam 5 — A medical examination of BS in the context of an application for a Controller to be appointed in respect of her affairs would not breach Article 8 and should take place.§
10/04/09: 2009 ECHR case added. Kaprykowski v Poland 23052/05 [2009] ECHR 198 — Detention without adequate medical treatment and assistance constituted inhuman and degrading treatment, amounting to a violation of Article 3; compensation of €3000 awarded.§
09/04/09: A consolidated version of the Parole Board rules (as recently amended) is available on this site. See Parole Board Rules 2004

09/04/09: On 7/4/09 the DH published contact details for DOLS supervisory bodies (PCTs and LAs). See Deprivation of Liberty Safeguards

09/04/09: On 6/4/09 the DH published new versions of DOLS forms 11, 12, 13, 18, 20, 21, 22, 23, 26, 27, 28 and 30. This was due to a software error in the original PDF files. See Deprivation of Liberty Safeguards Standard Forms

06/04/09: March 2009 CPD questionnaire now available for subscribers. Subscription costs £50 and lasts 12 months. You could obtain six CPD points this week by doing the October - March tests. See CPD scheme

06/04/09: New secondary legislation. Parole Board (Amendment) Rules 2009 — These Rules amend the Parole Board Rules 2004. The amendments have been incorporated into the text on the Parole Board Rules 2004 page (using strikethrough and square brackets). In force 1/4/09. The amendments do not apply in relation to any hearing which begins prior to 1/4/09 (which includes hearings begun prior to 1/4/09 and adjourned to 1/4/09 or later). Note that the 2004 rules have been replaced by the Parole Board Rules 2011.
05/04/09: Legal Aid Keycard 45 (financial eligibility from 6/4/09) issued. See Legal Aid#Resources

05/04/09: New criminal law case added. R v Wood (No 2) [2009] EWCA Crim 651 — The fact that a defendant was convicted of manslaughter on the grounds of diminished responsibility did not preclude a sentence of imprisonment for life. In assessing the seriousness of such an offence with a view to fixing a minimum term, the court could take into account the guidance in Sch 21 of the Criminal Justice Act 2003, subject to the specific element of reduced culpability consequent on diminished responsibility. [ICLR]§
05/04/09: Old criminal law case added. R v Wood (No 1) [2008] EWCA Crim 1305 — In addressing a plea of diminished responsibility in the context of alcohol dependency syndrome, the jury must consider whether it had been established that the defendant’s syndrome was of such an extent and nature that it constituted an abnormality of mind induced by disease or illness, and, if that were established, whether the defendant’s mental responsibility for his actions at the time of the killing was substantially impaired as a result of the syndrome. [ICLR]§
05/04/09: New page. National Mental Health Development Unit —

The National Mental Health Development Unit replaced the National Institute for Mental Health in England on 1/4/09.§

02/04/09: More DOLS stuff from the Dept of Health: "Guidance on the completion of the Deprivation of Liberty Safeguards data collation sheet" and "Arrangements under paragraph 183(4) of Schedule A1 to the Mental Capacity Act 2005 between the Secretary of State and the Welsh Ministers" (ordinary residence disputes). See DOLS

02/04/09: On 1/4/09 the MoJ published a new leave request form for restricted patients. See Ministry of Justice. Note that permission is not required for hospital ground leave unless a specific hospital unit/ward has been specified in the hospital order (or equivalent) which led to the admission: see Power to specify hospital units for details. This means that, for instance, RCs can in general grant ground leave (escorted or unescorted) beyond a MSU perimeter on the hospital grounds without permission.

01/04/09: COP Practice Direction for Deprivation of Liberty Applications published. See Court of Protection Rules 2007

01/04/09: Court of Protection forms now available on HMCS website (the COP's administration having transferred from the OPG to HMCS today). See Court of Protection

01/04/09: Various provisions come into force today: the deprivation of liberty safeguards, and transitional provisions; amendments to Court of Protection Rules 2007; amendments to Court of Protection Fees Order 2007; amendments to Public Guardian (Fees, etc) Regulations 2007; amendments to Community Legal Service (Financial) Regulations 2000; the creation of the Care Quality Commission, and transfer to it of MHAC's functions; amendments to NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000; amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008; Independent Mental Health Advocate provisions. See March 2009 update for details

01/04/09: The DH have amended their model patient information leaflets to reflect the introduction of IMHAs and the CQC. See Mental Health Act 1983 information leaflets

01/04/09: On 31/3/09 the DH published the following: "DOLS and you" document; List of supervisory body contact details - PCTs; List of supervisory body contact details - local authorities. See DOLS