May 2020 chronology
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See May 2020 update for a thematic summary of these changes.
- 23/05/20(2116): All PELT courses postponed. All Peter Edwards Law Training courses have been postponed, and will be rearranged when it is safe to do so.
- 22/05/20(2014): COP update. Court of Protection, 'Court User Group Update' (HHJ Carolyn Hilder and Amrit Panesar, 21/5/20) —This letter to court users deals with the court's performance and activities during the coronavirus outbreak and some of the work being done to assist practitioners, under the headings: (1) Hearings; (2) Filing of form COP20s; (3) Electronic filing of P & A deputy applications; (4) Performance.
- 22/05/20(1928): MHT remote hearings. Mental Health Tribunal, 'Ensuring patients can access justice' (Sarah Johnston DCP, 22/5/20) —This article on the Judiciary website explains the adoption of remote hearing procedures by the MHT.
- 21/05/20(2149): Case (Appeal against IPP). R v Stredwick [2020] EWCA Crim 650 — "In this appeal the appellant invites the court to quash the sentence of imprisonment for public protection imposed in 2008 and make an order pursuant to section 37 of the Mental Health Act 1983 ("the 1983 Act") for his admission or continued detention at Ty Gwyn Hall Hospital, Abergavenny. The appellant also invites the court to make an accompanying Restriction Order without limit of time under section 41 of the 1983 Act. The Crown does not oppose this appeal, nor the orders sought."
- 21/05/20(2146): Case (Section status and aftercare). Tees, Esk and Wear Valleys NHS Foundation Trust (19 012 290a) [2020] MHLO 21 (LGSCO) — "Summary: The Ombudsmen find there was fault by a Trust in giving a family incorrect information about a mental health patient’s status. When this came to light it caused the patient’s wife considerable stress which has not yet been fully addressed. The Ombudsmen also find that fault by a Council meant the patient’s wife suffered this stress for too long. The Ombudsmen has recommended small financial payments to act as an acknowledgement of the outstanding injustice."
- 21/05/20(2140): Case (Testamentary capacity). Clitheroe v Bond [2020] EWHC 1185 (Ch) — "This is a bitter family dispute between the Claimant brother and Defendant sister as to whether their mother, the deceased, had testamentary capacity to make each of her two wills and in addition or in the alternative whether either or both wills resulted from fraudulent calumny."
- 18/05/20(2111): Event. Event:Bond Solon: DoLS Legal Update (online, 22/5/20) —This course is aimed at ensuring that those operating under the Mental Capacity Act Deprivation of Liberty Safeguards are able to do so lawfully. Delegates will explore the current legal framework, set within the context of public health measures introduced by the Government during the COVID-19 Pandemic. It will also satisfy the mandatory Legal Update/Refresher course that BIAs must undertake every 12 months. Price: £265 plus VAT. See website for further details and booking information.
- 13/05/20(2050): Complaints procedure. CQC, 'CQC has made changes to Mental Health Act complaints process' (11/5/20) —The CQC are prioritising MHA complaints from or about currently-detained patients; other complaints "will be reviewed, but may be paused during the coronavirus outbreak".
- 11/05/20(0810): Resumption of three-member tribunals. Hearings taking place on or after 1/6/20 will be heard by a three-member panel (this was stated at the Mental Health Jurisdictional Stakeholders Meeting on 6/5/20). See Mental Health Tribunal and coronavirus.
- 07/05/20(2150): Case (Successful s45A appeal). R v Westwood [2020] EWCA Crim 598 — "In the circumstances of this case there was a sound reason for departing from the need to impose a sentence with a "penal element". In view of the low level of the appellant's "retained responsibility", the likelihood that for the rest of his life he will need psychiatric treatment and supervision that can most effectively be provided through orders under sections 37 and 41 of the Mental Health Act, and the likely advantages in this case of the regime for and on his release under such orders when compared to an order under section 45A, we consider that that is the right disposal here."
- 07/05/20(2136): EPA registration guidance. OPG, 'How to register an EPA during the coronavirus outbreak' (27/4/20) —"If you need to register an EPA now, you can still do so while observing government guidance on social distancing, self-isolating and shielding."
- 06/05/20(1302): Community hearings are now being listed. Mental Health Tribunal, 'Order and directions for listing of community hearings' (6/5/20) —These cases had been postponed on 26/3/20 but now will be listed for hearing because the tribunal "has now achieved a level of administrative support to be able to list cases for community patients". The order and directions set out the duties on patients' representatives and responsible authorities in relation to reports, consideration of paper hearings, agreed hearing dates, and remote hearing practicalities.
- 06/05/20(1216): CTO hearings being listed again. Conroys Solicitors, 'Listing of community hearings' (press release, 6/5/20) —It is understood that the order which postponed community hearings is no longer in force (the order stated that it was not feasible or practicable for a community patient to attempt to participate in a telephone or video hearing) and that the tribunal secretariat is working through the backlog.
- 04/05/20(2143): Coronavirus testing and capacity. Alex Ruck Keene et al, 'Rapid response guidance note: Testing for COVID-19 and mental capacity' (4/5/20) —"The Court of Protection team has been asked to advise on a number of occasions as to the legal position in relation to testing for COVID-19, especially as testing (a) starts to be more generally available; and (b) is increasingly been rolled out as mandatory in certain settings. What follows is a general discussion, as opposed to legal advice on the facts of individual cases, which the team can provide. It primarily relates to the position in England in relation to those aged 18 and above; specific advice should be sought in respect of Wales and those under 18."
- 04/05/20(2137): OPG procedure. OPG, 'NHS and social care staff: check if a COVID-19 patient has an attorney or deputy' (7/4/20) —The Office of the Public Guardian aim to respond to requests: (1) in relation to coronavirus patients, within 24 hours, Monday to Friday, with weekend requests being prioritised on Mondays; (2) for other patients, within the usual 5 working days. Updated version: OPG, 'NHS and social care staff: check if a COVID-19 patient has an attorney or deputy' (5/2/21).
- 04/05/20(2131): Information about Hive group. Court of Protection, 'Letter about Hive group' (Mr Justice Hayden, 4/5/20) —This letter sets out the aim and constitution of the Hive group, with particular focus on: (1) property and affairs; (2) welfare cases in the context of deprivation of liberty; (3) "community DOL" orders under COP DOL11; (4) transparency. The HIVE mailbox (hive@justice.gov.uk) can be used to raise coronavirus issues which do not relate to specific cases.
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