September 2009 update

Caselaw

BB [2009] UKUT 157 (AAC) — Click on link to view page.§
Re Harries (2009) COP 11613871 — Click on link to view page.§
R (Pennington) v Parole Board [2009] EWHC 2296 (Admin) — Delays by the Parole Board, both in issuing ICM directions (which caused a 2-month delay in listing the hearing) and in communicating the decision a month late, breached Article 5(4). Claims for "pure delay" - that is where a Parole Board hearing has been delayed because of a lack of resources available to or errors or omissions on the part of the Parole Board - survive the House of Lords decsion in James. Damages to be assessed at a later date.§
The House of Lords has refused permission to appeal on: Y (Sri Lanka) v SSHD [2009] EWCA Civ 362

Mental Health and Mental Capacity (Advocacy) Amendment (England) Regulations 2009 — These Regulations confirm that the activities of IMCAs and IMHAs are "regulated activities" for the purposes of the Safeguarding Vulnerable Groups Act 2006, and require them to have an enhanced criminal record certificate from 12/10/09. In force 12/10/09.
Community Care, Services for Carers and Children's Services (Direct Payments) (England) Regulations 2009 — These Regulations extend the scope of direct payments to include adults lacking capacity to consent to them and lift a number of exclusions previously placed upon individuals subject to mental health legislation and provisions of criminal justice legislation relating to mental disorder. They revoke and replace the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003. In force 9/11/09.

The Dept of Health are consulting from 10/9/09 to 7/10/09 on proposals for temporary amendments to the Mental Health Act 1983 which may be required in the event of the severe staff shortages that may be expected during an influenza pandemic. See Consultations

NHS London published two independent reports into the care and treatment of Peter Bryan. He murdered Brian Cherry in the community in February 2004, was subsequently admitted to Broadmoor and in April 2004 inflicted fatal injuries on Richard Loudwell. The two reports relate to East London NHS Foundation Trust and West London Mental Health Trust respectively. See the new page on Independent inquiries

In the future all health and adult social care providers who provide regulated activities will be required to register with the Care Quality Commission. New registration comes into effect on 1/4/10 for NHS trusts (including PCTs) and 1/10/10 for adult social care and independent healthcare providers. See Care Quality Commission

From 23/9/09 to 16/12/09 the CPS is consulting on the DPP's interim guidance on assisted suicide. See Assisted suicide or Consultations pages for details

The Dept of Health on 18/9/09 published updated lists of Supervisory Body contact details (PCTs and local authorities). See DOLS

The Dept of Health published "Information sharing and mental health", guidance which sets out some of the issues relating to the exchange of information between mental health trusts and outside organisations and individuals. See Department of Health

The CQC published the results of their 2009 survey of mental health acute inpatient services. See Care Quality Commission

The Dept of Health published a fact sheet to assist social scientists meet the requirements of the Mental Capacity Act when carrying out social science research that includes people who lack capacity. See Department of Health

CPD questionnaires for all months up to August 2009 are now online. If you need CPD points before the November deadline then consider registering. See CPD scheme for further details.

The website currently contains 538 categorised cases plus 58 cases to be added identified on Bailii.

See September 2009 chronology for this month's changes to the website in date order.