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The Law Society website (at the time of writing, 18/10/19) states that "there will not be an opportunity consult any reference materials during the interview itself", despite the guidance document stating that "[a]pplicants may make use of books and other reference material when preparing the case study and may take these and any notes into the interview". It would be wise to check this for yourself as conflicting answers have been given in the past. The official position in 2017 was that the website was wrong (email from Jane Sweetman, 27/2/17). The official position now is that you are allowed to use reference materials for the Case Study Q&A but not for the Professional Ethics Q&A (email from Beth Hamill, 18/10/19) and the Law Society have again undertaken to amend the guidance. See Law Society mental health accreditation scheme.

The following are the new dates: (1) PELT: Mental Health Act Masterclass - Legal Update (Hoylake, 4/6/20); (2) PELT: Introduction to MCA and Deprivation of Liberty Safeguards (Hoylake, 5/6/20); (3) PELT: Introduction to the Mental Health Act (Hoylake, 8/6/20); (4) PELT: Introduction to using Court of Protection including s21A Appeals (Hoylake, 9/6/20); (5) PELT: Accredited - Admission to the MHT Panel (Hoylake, 15/6/20 and 16/6/20); (6) PELT: Court of Protection/MCA Masterclass - Legal Update (Hoylake, 2/7/20); (7) PELT: Depriving Children and Young People of their liberty lawfully (Hoylake, Autumn 2020). See Events for full details.

The 24/3/20 version states: "In situations where it is not possible to get a client signature, digitally or otherwise, please make a note on the file explaining why, countersigned by a supervisor, and also make a note on the application/form when submitted to avoid delays or issues with processing. Please seek a signature at the earliest possible opportunity." See Legal Aid Agency, 'Coronavirus (COVID-19): Legal Aid Agency contingency response' (18/3/20)

The 27/3/20 update to this guidance states: "Most Mental Health Tribunal (MHT) hearings will now be heard remotely. We can confirm the MHT Level 3 Fee will be payable where representation is carried out at a remote hearing intended to dispose of a case and would have ordinarily taken place in person." See Legal Aid Agency, 'Coronavirus (COVID-19): Legal Aid Agency contingency response' (18/3/20).

The 27/3/20 update to this guidance states (in relation to situations where a client's signature cannot be obtained): "For avoidance of doubt, supervisor signatures may also be provided digitally to enable effective remote supervision, as long as they are clearly related to the relevant file notes." See Legal Aid Agency, 'Coronavirus (COVID-19): Legal Aid Agency contingency response' (18/3/20)

The following courses have been converted to webinars, and in most cases the dates have been changed: Event:Edge Training: Hoarding and the Law (webinar, 1/5/20 and 4/5/20); Event:Edge Training: BIA Legal Update - Annual Refresher (webinar, 5/5/20 and 7/5/20); Event:Edge Training: AMHP Legal Update (webinar, 11/5/20); Event:Edge Training: MHA and MCA Interaction (webinar, 12/5/20 and 14/5/20); Event:Edge Training: Liberty Protection Safeguards (webinar, 6/5/20 and 20/5/20); Event:Edge Training: BIA Report Writing (webinar, 15/5/20 and 22/5/20); Event:Edge Training: BIA Legal Update Annual Refresher (webinar, 27/5/20 and 29/5/20).

Peter Edwards Law Training courses will now be held online, including: Event:PELT: Introduction to the Mental Health Act (online, 16/9/20); Event:PELT: Introduction to MCA and Deprivation of Liberty Safeguards (online, 18/9/20); Event:PELT: Accredited - Admission to the MHT Panel (online, 28/9/20 and 29/9/20); Event:PELT: Mental Health Act Masterclass - Legal Update (online, 14/10/20); Event:PELT: Court of Protection/MCA Masterclass - Legal Update (online, 16/10/20); and PELT: Introduction to using Court of Protection including s21A Appeals (online, 27/10/20) (subsequently moved - Event:PELT: Introduction to using Court of Protection including s21A Appeals (online, 2/12/20)).

Professor Lawrence Gostin and Shaw & Sons have kindly given permission for Larry Gostin, Mental Health Services: Law and Practice (Shaw & Sons, supplement issue no 18, June 2000) to be reproduced on Mental Health Law Online. The book is out of print and the law stated in it out of date, but it is being reproduced here for historical and academic interest. There is one missing document, at Appendix C, page 21 (MHAC Circular - September 1984 - Mental Health Act 1983 - Review of Treatment, section 61). If you have the pages, please let me know! See Gostin.

On 23/12/20 version 14 of this form was uploaded to the Gov.uk website with the following notice: "Published new versions of the CW1&2 and CW4 with updated privacy notices. These changes are part of our preparations for exiting the European Union once the transition period ends on 31/12/20." Para 3.12 of the 2018 Standard Civil Contract Specification states: "We may amend the Application Forms from time to time upon giving at least 28 days' notice to you." As in the past, if no notice was given to you of this change at the time then you should expect the LAA to commence the 28-day period from when notification under the contract was belatedly made. See Legal Aid forms

Permission to appeal was refused by the Supreme Court (Lord Hodge, Lady Black, Lord Kitchin) on 13/10/20 for the following reason: "Permission to appeal be refused because the application does not raise a point of law of general public importance which ought to be considered at this time bearing in mind that the issue has already been the subject of judicial decision and reviewed on appeal." See B v A Local Authority [2019] EWCA Civ 913.

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The CPD scheme is now fully up to date, with 12 tests online relating to the past 12 months' website updates. The scheme is primarily aimed at mental health solicitors, but is also suitable for barristers, psychiatrists, social workers and psychiatric nurses. You can subscribe or resubscribe for £60, or take a test, by visiting the CPD scheme page.

The deadlines for the following consultations have been extended from 7/7/22 to 14/7/22: (1) DHSC, 'Changes to the MCA Code of Practice and implementation of the LPS' (consultation from 17/3/22 to 14/7/22); (2) DHSC, 'Changes to the law and guidance about making your own decisions (easy read)' (consultation from 17/3/22 to 14/7/22); and (3) Welsh Government, 'Liberty protection safeguards' (consultation from 17/3/22 to 14/7/22).

At some point between 29/9/22 and 5/10/22 inclusive the following text was added to the introduction (though the document is still dated 31/8/22): "The Courts and Tribunals Judiciary also provides easy read mental health tribunal information." See Law Society, 'Practice note: Representation before mental health tribunals' (31/8/22).

The text of the HESC rules have been updated on MHLO, up to and including the expiry on 25/9/22 of new rule 5A (urgent decisions without a hearing) and the expiry on 25/9/22 and reintroduction on 1/11/22 of the extended 10-day deadline in rule 37 for listing s2 cases. Our text is now more up to date than the TPC's consolidated version or the Legislation.gov.uk website. See Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008.

The High Court has decided that the tribunal's previous blanket policy of refusing to provide reasons to victims was unlawful; the further refusal decision made during the JR proceedings was also unlawful and had failed to engage with the purpose of the open justice principle; and a refusal to provide a gist of the reasons when the Parole Board would provide this in similar circumstances is unlawful discrimination. See R (Maher) v First-tier Tribunal (Mental Health) [2023] EWHC 34 (Admin).

Following the recommendations in Committee on the Rights of Persons with Disabilities, 'Concluding observations on the initial report of the United Kingdom of Great Britain and Northern Ireland' (3/10/17) that the UK should "[r]epeal legislation and practices that authorize non-consensual involuntary, compulsory treatment and detention of persons with disabilities on the basis of actual or perceived impairment", and should "abolish all forms of substituted decision-making concerning all spheres and areas of life", the government has decided to repeal not only the Mental Health Act 1983 but also the Mental Capacity Act 2005. Details of future legislation have yet to be announced, but it is likely that preventive State detention will be permitted based on a non-discriminatory assessment that a citizen is dangerous. This step has been welcomed by both the Association of Patient Representatives in London (APRiL) and the Federation of Outpatient Lawyers (FoOL).

To make forum navigation easier, the main "Law and practice" category now has four subcategories: (a) Mental Capacity Act; (b) Mental Health Act; (c) Mental Health Tribunal; and (d) Other. The Law and practice page still shows topics from all the new subcategories. Links to the subcategory pages appear in the sidebar menu. The default notification setting is "watching first post" for each subcategory, but you could choose to have different settings for each subcategory. For instance, if you are a Court of Protection lawyer you might want to keep Mental Capacity Act at "watching first post" but change the others to "normal" so that you don't get sent any notifications about them. The Updates category has been structured similarly, with MHLO updates and MHLO monthly updates as subcategories, but with "normal" being the default notification setting. Visit the forum to see it in action.

The UK Parliament website states: "Third reading - the final chance for the Lords to change the bill - took place on 14 September and no amendments were made. What happens next? As both Houses have agreed on the text of the bill it now waits for the final stage of Royal Assent when the bill will become an Act of Parliament. A date for Royal Assent has yet to be scheduled." See Powers of Attorney Bill 2022.

The CPD scheme is now fully up to date, with 12 tests online relating to the past 12 months' website updates (6 MHA tests and 6 MCA tests). The scheme is primarily aimed at lawyers, but is also suitable for barristers, psychiatrists, social workers and psychiatric nurses. You can subscribe or resubscribe for £60, or take a test, by visiting the CPD scheme page.

The CPD scheme is now fully up to date, with 12 tests online relating to the past 12 months' website updates (6 MHA tests and 6 MCA tests). The CPD scheme is primarily aimed at mental health solicitors, and is an ideal way to evidence your continued competence, but is also suitable for barristers, psychiatrists, social workers and psychiatric nurses. You can subscribe or resubscribe for £60, or take a test, by visiting the CPD scheme page.