November 2008 chronology

See November 2008 update for a summary of these changes.

29/11/08: Old cases added... AG's reference (no 127 of 2006) sub nom R v H [2007] EWCA Crim 53 (criminal law), ‎R (TB) v The Combined Court at Stafford [2006] EWHC 1645 (Admin) (criminal law), Re MAB; X City Council v MB [2006] EWHC 168 (Fam) (capacity), and ‎IH v UK 17111/04 (2005) (deprivation of liberty)

28/11/08: New case added... R (F) v SSJ [2008] EWHC 2912 (Admin) (deprivation of liberty)

28/11/08: Old cases added... Morley v UK 16084/03 (2004), ‎Morsink v The Netherlands 48865/99 [2004] ECHR 197, Brand v The Netherlands 49902/99 [2004] ECHR 196, ‎Rutten v The Netherlands 32605/96 [2001] ECHR 482 (deprivation of liberty cases); ‎Edwards v UK 46477/99 [2002] ECHR 303 (miscellaneous - Article 2)

28/11/08: From 31/10/08 to 23/1/09 the LSC are "consulting" on Civil Bid Rounds for 2010 Contracts... See Legal Aid

26/11/08: Old cases added... DN v Switzerland 27154/95 [2001] ECHR 235 (bias), McGrady, Re Application for Judicial Review [2003] NIQB 15 (bias, miscellaneous), and Bensaid v UK 44599/98 [2001] ECHR 82 (deportation)

26/11/08: The Department of Health have published the second edition of their Mental Capacity Act 2005 Deprivation of Liberty Safeguards newsletter... See Deprivation of Liberty Safeguards

25/11/08: New case transcript added... R (N) v Coventry City Council [2008] EWHC 2786 (Admin) (community care)

24/11/08: Some pages relevant to welfare benefits for hospital in-patients added... See Social Security (Hospital In-Patients) Regulations 2005, RD v SSWP [2008] EWHC 2635 (Admin), R (RJM) v SSWP [2008] UKHL 63, Stec v UK 65731/01 [2006] ECHR 393, Stec v UK 65731/01 [2005] ECHR 924

23/11/08: Further detail added to each page relating to a Mental Health Act 1983 section... Pages now have details of related court cases and relevant chapters of the Reference Guide to the Mental Health Act 1983 and Mental Health Act 1983 Code Of Practice for England. See Mental Health Act 1983

22/11/08: The Department of Health updated their list of current IMCA organisations on 20/11/08... See Independent Mental Capacity Advocate service

21/11/08: Text of Welsh Tribunal rules added to website... See Mental Health Review Tribunal for Wales Rules 2008

19/11/08: New Tribunal forms added, for First-tier and Upper Tribunals... See Tribunal forms

19/11/08: Tribunal-related secondary legislation added... Appeals from the Upper Tribunal to the Court of Appeal Order 2008 and ‎First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008

19/11/08: Tribunal Practice Directions added... Practice Direction: Use of the Welsh language in Tribunals in Wales and Practice Direction: Transcripts of Proceedings. See Tribunal Rules

19/11/08: Text of new English rules added to the site... See Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 and Tribunal Procedure (Upper Tribunal) Rules 2008

19/11/08: New pages for the new Tribunals... See Mental Health Tribunal (England) and Mental Health Review Tribunal for Wales. Also, new page added for Mental Health Tribunal for Scotland

19/11/08: Legal Aid page updated... See Legal Aid (But NB there is still a lot of work to do on this page)

15/11/08: On 14/11/08 the DH published a draft "forms and record-keeping guide" for managing authorities in England. This is in addition to the document already published for supervisory bodies... See Deprivation of Liberty Safeguards Standard Forms

15/11/08: Secondary legislation added... See Mental Health Act 2007 (Consequential Amendments) Order 2008

13/11/08: New categories created relating to the law in Scotland, Northern Ireland and Southern Ireland. Those of you in those jurisdictions are encouraged to add some detail... See Category:Scotland, Category:Northern Ireland and Category:Southern Ireland

12/11/08: On 6/11/08 the DH published a list of current IMCA organisations... See Independent Mental Capacity Advocate service

11/11/08: Case added to Bailii and given neutral citation number... See R (SSG) v Liverpool City Council [2002] EWHC 2803 (Admin)

10/11/08: The final version of Practice Direction: Health Education and Social Care Chamber: Mental Health Cases (dated 30/10/08) is now available, as is a summary document entitled "The new unified Tribunals system"... See Tribunal Rules

09/11/08: Transcripts for some cases have been uploaded onto the Bailii website. Now there are links to transcripts for all 248 cases on Wikimentalhealth... See R (IT) v SSJ (2008) EWHC 1707, R (B) v London Borough of Camden [2006] EWCA Civ 246, R (Care Principles Ltd) v MHRT; R (AL) v Care Principles Ltd [2006] EWHC 3194 (Admin), R (O) v MHRT [2006] EWHC 2659 (Admin), LLBC v TG [2007] EWHC 2640 (Fam), R (T) v Nottinghamshire Healthcare NHS Trust [2006] EWHC 800 (Admin), and R (SSHD) v MHRT, re BR [2005] EWCA Civ 1616

07/11/08: Amazon Bookshop (with selected mental health law books) added... See Wikimentalhealth recommended books

06/11/08: Case added... Renolde v France 5608/05 [2008] ECHR 1085 (miscellaneous - Article 2)

06/11/08: The Mental Health Act Commission published guidance notes relevant to Wales yesterday, to take effect from 3/11/08... See Mental Health Act Commission

05/11/08: The Department of Health has published a new patient information leaflet entitled "Your nearest relative under the Mental Health Act 1983 "... See Mental Health Act 1983 information leaflets

05/11/08: Leaflets for restricted patients, non-restricted patients, and nearest relatives published by Tribunals Service... See Mental Health Review Tribunal for links and some of the deliberate mistakes

04/11/08: Acts added... UK Borders Act 2007 and Immigration Act 1971 in the new Category:Deportation. And Family Law Act 1996, Forced Marriage (Civil Protection) Act 2007‎, Legal Services Act 2007‎, the relevant parts of which are not in force yet.

03/11/08: Case added... R (IT) v SSJ (2008) EWHC 1707 (Ministry of Justice, discharge conditions, deprivation of liberty)

03/11/08: Today is the implementation date of the majority of changes made to the Mental Health Act 1983 and to the Tribunal system... There have been nine commencement orders under the Mental Health Act 2007, and all changes have been brought into force except: New Independent Mental Health Advocate scheme (April 2009); New requirements for age-appropriate accommodation for children (April 2010); Organisation of Mental Health Review Tribunal changed 3/11/08 (partially); Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005 (April 2009). See Mental Health Act 2007 Overview for details of the changes.

03/11/08: The following updated documents, which all have separate versions for England and for Wales, take effect today... Mental Health Act 1983 Codes of Practice; Mental Health Regulations and various other items of secondary legislation; Mental Health Act 1983 Statutory Forms; Reference Guide to the Mental Health Act 1983; Mental Health Act 1983 information leaflets. The Mental Health Act Commission have issued new Guidance Notes and forms.

03/11/08: Changes to the Tribunal system under the Tribunals, Courts and Enforcement Act 2007 come into force today... New Tribunal Rules are available - separate for England and for Wales - and the final version of the practice direction for mental health cases in England should be available today.

03/11/08: Some secondary legislation under the Mental Capacity Act 2005 also comes into force today... See Mental Capacity Act 2005 Overview#Deprivation of Liberty.

03/11/08: On 31/10/08 the Department of Health published a list of Frequently Asked Questions about the Mental Health Act 2007... See Mental Health Act 2007 Overview

02/11/08: Mental Health Act 2007 (Commencement No. 9) Order 2008 added... This deals with cross-border arrangements and came into force on 28/10/08. See Mental Health Act 2007 (Commencement No. 9) Order 2008

01/11/08: Mental Health Act Commission issued updated Guidance Notes to take effect on 3/11/08. They also published some updated forms... See MHAC