December 2021 chronology

This page is automatically generated: it will only be complete at the end of the month. All monthly updates are available here: Archive of monthly updates.

See December 2021 update for a thematic summary of these changes.

31/12/21
(1503)
: Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 118, December 2021) —"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Supreme Court takes on capacity, learning to learn, and capacity and illicit substances; (2) In the Practice and Procedure Report: the Court of Appeal’s concern about judicial visits, and reporting restrictions and accountability; (3) In the Wider Context Report: Parole Board guidance on mental capacity, and how consumer law can help navigate care home dilemmas; (4) In the Scotland Report: a truly shocking report of institutional inhumanity, and the extent of incapacitation under s.67 of the Adults with Incapacity Act 2000. Because there’s not a huge amount to report, there is no Property and Affairs Report this month. However, a reminder of this consultation currently underway, closing on 12 January 2022 about third-party access to limited funds."

31/12/21
(0755)
: Case (Judicial visits). Re AH [2021] EWCA Civ 1768 — This appeal against a Court of Protection serious medical treatment decision was allowed because of the nature of the judge's visit to the patient in hospital: it may have been that the judge considered AH to have given him some insight into her wishes; if so, the judge's decision was undermined because (a) it was strongly arguable that the judge was not equipped properly to gain any such insight (the validity of any such assessment might well have required further evidence or submissions) and (b) the parties needed to be informed about this and given an opportunity to make submissions. The Court of Appeal provided the following guidance pending any update to the guidance issued by Charles J: "Clearly, these matters will need to be determined before any visit takes place and after hearing submissions or observations from the parties: (a) Whether the judge will visit P; (b) The purpose of any visit; (c) When the visit is to take place and the structure of the visit (in other words, how the visit it to be managed; what is to happen during it; and whether it is to be recorded and/or a note taken); (d) What is to happen after the visit. This will include, depending on the purpose of the visit, how the parties are to be informed what occurred; when and how this is to happen; and how this will fit within the hearing so as to enable it to be addressed as part of the parties' respective cases."

13/12/21
(2210)
: Legal Aid form grace period. LAA, 'Civil/crime news: changes to privacy notices on legal aid forms' (10/12/21) —The old versions of Forms CW 1&2 MH, CIVAPP1 and CIVAPP6 (among others) can be used until 11/3/22. After that, the 24/11/21 versions, with the updated privacy notices, must be used.

10/12/21
(2218)
: Coronavirus and tribunals. Legal Education Foundation, 'Understanding the impact of COVID-19 on tribunals: The experience of tribunal judges' (2/6/21) —This document sets out the results of a survey of judicial office holders and the mainly-negative effects of having hearings conducted remotely.

07/12/21
(2012)
: Use of force statutory guidance. DHSC, 'Mental Health Units (Use of Force) Act 2018: Statutory guidance for NHS organisations in England, and police forces in England and Wales' (7/12/21) —"The aim of the Mental Health Units (Use of Force) Act 2018 and this statutory guidance is to clearly set out the measures that are needed to both: (a) reduce the use of force; (b) ensure accountability and transparency about the use of force in our mental health units."

07/12/21
(2005)
: Consultation response. DHSC, 'Mental Health Units (Use of Force) Act 2018 statutory guidance: Government response to the consultation' (7/12/21) —This is the government's response to DHSC, 'Mental Health Units (Use of Force) Act 2018: statutory guidance for NHS organisations in England and police forces in England and Wales' (consultation from 25/5/21 to 17/8/21).

04/12/21
(2057)
: Preface to MHA Manual. Richard Jones, 'Preface to Mental Health Act Manual, 24th edition' (July 2021) —Richard Jones argues that mental health law in England & Wales is in a dire state for two main reasons: (1) the decision to legislate for the detention of mentally incapacitated patients within the MCA instead of amending the MHA, which error was compounded by over 250,000 people being identified as deprived of their liberty, in the absence of any coercion or interference with their freedom of action, following the Cheshire West decision; and (2) the complexity of the MHA, which would be increased by the proposals of the Wessely review and the decision to incorporate those by further detailed amendments without structural change. His proposed way forward is to remove the detention powers from the MCA, repeal the LPS legislation, and abandon the Wessely proposals; for the long term, to draft a single modern statute which applies to everyone; and, in the meantime, "some attempt should be made before it is too late to prevent the ageing hulk of the Mental Health Act from sinking into disrepute under the weight of its multiple amendments".