Todo:2021

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Dec 2021: https://www.mwcscot.org.uk/news/new-guide-patients-rights-appeal-against-excessive-security
Dec 2021: https://www.gov.uk/government/publications/cross-border-transfers-of-patients-under-the-mental-health-act#history
Dec 2021: https://www.gov.uk/government/news/new-law-to-prevent-use-of-force-in-mental-health-settings
Dec 2021: https://www.telegraph.co.uk/news/2021/12/26/children-learning-disabilities-offered-do-not-resuscitate-orders/
Dec 2021: https://www.gov.uk/guidance/report-a-concern
Dec 2021: https://www.communitycare.co.uk/2021/12/13/providers-failing-to-register-placements-to-deprive-children-of-liberty/
Dec 2021: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1040409/human-rights-reform-consultation.pdf
Dec 2021: A County Council v A Mother & Ors (Refusal to make a DOLS order) [2021] EWHC 3303 (Fam)^B (01 December 2021)
Dec 2021: https://www.judiciary.uk/wp-content/uploads/2021/12/Hedley-Robinson-Prevention-of-future-deaths-report-2021-0421_Published.pdf
Dec 2021: E & F (Minors : Blood Transfusion) [2021] EWCA Civ 1888^B (14 December 2021)
Nov 2021: BBC - 100 people held more than 20 years in ‘institutions’
Nov 2021: MHCS targets and whether met
Nov 2021: https://www.gov.uk/government/consultations/modernising-lasting-powers-of-attorney Closed consultation - Modernising Lasting Powers of Attorney
Nov 2021: MOJ consultation - Mental Capacity Act: Small Payments Scheme - Closes 12 Jan 2022 - Opened 16 Nov 2021
Nov 2021: OJCOP - responses to Re JB
Nov 2021: DHSC guidance on visiting care homes
Nov 2021: Parole Board - Mental Capacity Assessments and Litigation Friends Member Guidance October 2021 (V1.0)
Nov 2021: Southern Ireland voluntary patient
Nov 2021: Tribunal annual report (discharge rate unchanged?) https://www.judiciary.uk/announcements/senior-president-of-tribunals-annual-report-2021-is-published/ ?
Oct 2021: North Yorkshire County Council v M & Ors (Medium Secure Bed) [2021] EWHC 2171 (Fam)^B (30 July 2021)
Oct 2021: QR v Official Solicitor for Northern Ireland [2021] NIFam 6^B (03 March 2021)
Oct 2021: Judicial Review and Courts Bill will get rid of rule in Cart - clause 2 - Exclusion of review of Upper Tribunal’s permission-to-appeal decisions
Oct 2021: AK (Inherent Jurisdiction: Patient: Move to residential care: Contact) [2021] NIFam 9^{Not on Bailii!} (18 March 2021)
Oct 2021: A Local Authority v SE & Ors [2021] EWCOP 44^B (01 July 2021)
Oct 2021: SM v The Court of Protection & Anor [2021] EWHC 2046 (Admin)^B (20 July 2021)
Oct 2021: Wigan BC v Y (Refusal to Authorise Deprivation of Liberty) [2021] EWHC 1982 (Fam)^B (14 July 2021)
Oct 2021: NHS County Durham Clinicial Commissioning Group (20 009 115) and Tees, Esk and Wear Valleys NHS Foundation Trust (20 009 115) "Durham County Council correctly charged Mr A for his social care support when his circumstances changed. Tees, Esk and Wear Valleys NHS Foundation Trust missed the opportunity to reassess Mr A's section 117 aftercare needs after that time. That fault caused Mr A uncertainty. The Trust should apologise to Mr A and reassess his section 117 aftercare needs."
Oct 2021: Evans v Betesh Partnership & Ors [2021] EWCA Civ 1194^B (30 July 2021) - mentions capacity to litigate
Oct 2021: London Borough of Southwark v P & Ors [2021] EWCOP 46^B (28 June 2021)
Sep 2021: ML v The Special Needs and Disability Tribunal & Ors [2021] NIFam 15^B (05 May 2021)
Sep 2021: A Health and Social Care Trust v Mr O & Anor [2020] NIFam 23^B (09 November 2020)
Sep 2021: QR v Official Solicitor for Northern Ireland [2021] NIFam 6^B (03 March 2021)
Sep 2021: AK (Inherent Jurisdiction: Patient: Move to residential care: Contact) [2021] NIFam 9^{Not on Bailii!} (18 March 2021). Replaced by [2021] NIFam 39^B on 28/1/22?
Jul 2021: Tameside Metropolitan Borough Council v C & Ors [2021] EWHC 1814 (Fam)^B (05 July 2021)
Jun 2021: https://www.gov.uk/guidance/schedule-of-processes-restarting-after-covid-19-contingency
May 2021: A And B (Minors: placement, faith) [2021] EWHC 455 (Admin)^B (01 March 2021) - mental capacity mentioned
May 2021: MCLAP - Best interests, wishes and feelings and the Court of Protection 2015-2020 – new article
May 2021: Woman ’caused significant stress’ by ‘unreasonable and avoidable delay’ in son’s return home - Community Care
May 2021: Commission on Race report
May 2021: SCR 'David' - Tate attack
May 2021: Legal aid stuff updated The following documents have been updated: Cost Assessment Guidance 2018, Cost Assessment Guidance 2018 (tracked changes), Cost Assessment Guidance 2013, and Cost Assessment Guidance 2013 (tracked changes
May 2021: Parfitt v UK and also Parfitt v Guy's and St Thomas' Children's NHS Foundation Trust & Anor [2021] EWCA Civ 362^B (19 March 2021)
May 2021: Chief Social Workers’ annual report: 2020 to 2021
May 2021: MEDACT report on Vulnerability Support Hubs
May 2021: Mail - Violent inmates are MORE likely to reoffend after going through 'rehabilitation' programmes, reveals shock study kept secret by ministers for three years
May 2021: Children's Rights and End of Life Decision-Making: In the Matter of JJ - Irish Judicial Studies Journal
May 2021: Parfitt ECHR inadmissible
May 2021: Mental Health History Timeline
May 2021: Possible changes to rule 24 of the Tribunal Procedure (Upper Tribunal) Rules 2008 - GOV.UK
May 2021: New Victim's COP from April 2021
May 2021: Detainees under compulsory confinement orders in prison psychiatric wings: the Court reviews progress since its W.D. v. Belgium1 pilot judgment ECHR
May 2021: Community Care - Government appeals ruling overturning new approach to ordinary residence for aftercare Ministers' view, which goes against Care Act statutory guidance, is that responsibility for aftercare does not change when a person is detained multiple times from different areas, however this was rejected by the High Court
Apr 2021: Guidance on care home visiting - GOV.UK
Apr 2021: Violent inmates are MORE likely to reoffend after going through 'rehabilitation' programmes - Mail
Apr 2021: PFD report - Hannah Browning
Apr 2021: Minister for Justice v Director of the Central Mental Hospital [2020] IEHC 632
Apr 2021: PFD report - Mina Topley Bird "Out of area placements implicated by Coroner in patient's suicide." (Hundred Families summary)
Apr 2021: Government scraps coronavirus provisions allowing councils to suspend key Care Act duties - Community Care
Apr 2021: Inquest - Bathsheba-Shepherd
Mar 2021: Lewisham Safeguarding Adults Board Safeguarding Adults Review Michael Thompson LSAB-SAR-002-2016
Mar 2021: Manchester Evening News - Manchester council breached disabled orthodox Jewish teen's human rights, High Court judge rules A High Court judge found that Manchester council's placement offer at a non-Jewish care home was unlawful
Mar 2021: Rebelo, R v[2021] EWCA Crim 306^B (08 March 2021) ?
Mar 2021: Basma v Manchester University Hospitals NHS Foundation Trust & Anor [2021] EWCA Civ 278^B (02 March 2021)
Mar 2021: Bath Publishing - various webinars
Mar 2021: Bhatt Murphy - Council unlawfully breached vulnerable man’s right to life "A judge at Central London County Court has ruled that the London Borough of Bromley adult social care team were negligent and breached their obligations to protect life under the Human Rights Act in failing to take steps to protect Michael Thompson after he had become mentally unwell. He later died of smoke inhalation at his home in March 2016. This case was brought by the deceased’s daughters, on the basis that Bromley’s out of hours social worker knew that their father was at risk but failed to offer urgent help. The Court’s ruling means the family have now been fully vindicated in this long battle. Carolynn Gallwey acted for the Claimants."
Mar 2021: LAA - Schedule of processes restarting after COVID-19 contingency Information on business as usual restart dates and changes to current operational COVID-19 contingency ways of working.
Mar 2021: Steven Stout inquest "Coroner's Inquest - Man spent longer in S136 suite than he did on a Sec 2 in hospital - quickly discharged with no referral to Community MH team and subsequently took his life." (Hundred Families summary)
Mar 2021: MWCS - Covid-19 Mental Welfare Commission Advice Note, version 23 (3 March 2021)
Feb 2021: 39 Essex Chambers - RAPID RESPONSE GUIDANCE NOTE: VACCINATION AND MENTAL CAPACITY (THIRD UPDATE) - February 2021
Feb 2021: Employment Tribunal describes a Cygnet medical director’s email to the GMC about a whistleblower as “venomous and dishonest”. Dr Ambreen Malik wins her whistleblowing case.
Feb 2021: JAIME LINDSEY & ROSIE HARDING - Capabilities, capacity, and consent: sexual intimacy in the Court of Protection
Feb 2021: AK, (A Child), R. (on the application of) v The London Borough of Islington & Anor [2021] EWHC 301 (Admin)^B (16 February 2021). Discussed in forum.
Feb 2021: Civil news: changes to mortgage debt in eligibility calculations
Feb 2021: Community Care - Lack of shared understanding of Mental Health Act-MCA interface leading to unlawful detentions, says report
Feb 2021: Jonathan Auburn and Lucy McCann - Community Treatment Orders: does seeing patients remotely suffice?
Jan 2021: "Coroner criticise police recording & communication of information of suicide attempts, following patient suicide." (Hundred Families) Marchessou
Jan 2021: "Coroner criticises timing of MHA assessment and failures of communication between services, following patient suicide." (Hundred Familes) Kelly
Jan 2021: "Coroner criticises failure to check medication compliance and accumulation following patient’s suicide." (Hundred Families) https://www.judiciary.uk/wp-content/uploads/2020/12/Neville-Bardoliwalla-2020-0258.pdf
2021: NHS England - Care and Treatment Reviews
2021: Add MOJ links from Gov.uk
Jan 2021: Civil news: amendments to legal aid eligibility criteria Compensation provided to claimants of specific compensation schemes will now be disregarded when assessing civil legal aid eligibility.
Jan 2021: Coroner - absconding - suicide Lee Davies
Jan 2021: "Coroner criticises very poor quality A&E liaison assessment downgrading risk before patient’s suicide." Trinder Birdi
2021: NHS website - Mental Health Act: your rights (easy read)
Jan 2021: Court of Protection: Z v University Hospitals Plymouth NHS Trust & Ors [2020] EWCOP 69^B (31 December 2020)
Jan 2021: "Coroner criticises failure of MH teams to communicate with each other & to check discharge care plan was working, following patient suicide." David Ball
Jan 2021: Neil Allen - INITIAL THOUGHTS ON MODERNISING THE MHA 1983
Jan 2021: "Coroner finds seriously worrying failure to assess risk and inform & involve family of suicidal serviceman." Paul Hills
Jan 2021: "Lack of beds again implicated in patient’s suicide (& Can a dog be a ‘protective factor’?)" (Hundred Families summary) Elena Wells
Dec 2021: Re AA (Social media and internet use) [2021] EWCOP 70
Dec 2021: NHS, 'Independent Investigations: 2019/21 Annual Report' (December 2021)
Dec 2021: Janet Clark, 'Evaluation of remote hearings during the COVID 19 pandemic: Research report' (HMCTS, 10/12/21)
Nov 2021: AH, Re (Serious Medical Treatment) [2021] EWCA Civ 1768^M (25 November 2021) - judicial visits - on appeal from Cambridge University Hospitals NHS Foundation Trust v AH [2021] EWCOP 51^M
Oct 2021: Calderdale MBC v AB & Ors (Order) [2021] EWCOP 56^M (06 August 2021)
Oct 2021: The Western Health and Social Care Trust for Judicial Review v Secretary of State for Health and London Borough of Enfield (Interested Party) [2018] NIQB 67^M (03 August 2018)
Oct 2021: Belfast Health and social Care Trust and PT and The Official Solicitor to the Court of Judicature Northern Ireland [2017] NIFam 1^M
Sep 2021: Belfast Health And Social Care Trust v PTY & Anor [2017] NIFam 1^M (20 January 2017)
Sep 2021: NS (Inherent jurisdiction: patient: liberty: medical treatment) [2016] NIFam 9^M (14 October 2016)
Sep 2021: JMCA v The Belfast Health and Social Care Trust [2014] NICA 37^M (12 May 2014)
Sep 2021: The Western Health and Social Care Trust for Judicial Review v Secretary of State for Health and London Borough of Enfield (Interested Party) [2018] NIQB 67^M (03 August 2018)
May 2021: Mental health tests in the presence of counter-terror units ‘unethical’, says charity - Guardian
May 2021: Southern Irish case S v Minister for Justice [2020] IEHC 632^M
May 2021: Tavistock trust whistleblower David Bell: ‘I believed I was doing the right thing’ - Guardian
May 2021: Oct 2020 Welsh MHRT PD
Apr 2021: Supreme Court granted OS PTA in A Local Authority v JB
Mar 2021: Dr A Malik v CAS (Cygnet) Behavioural Health Ltd [2021] UKET 2403141/2018
Feb 2021: Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020
Jan 2021: Legal guidance for mental health, learning disability and autism, and specialised commissioning services supporting people of all ages during the coronavirus pandemic: 25 January 2021 See also [2] -- NHS, 'Legal guidance for services supporting people of all ages during the coronavirus pandemic: Mental health, learning disability and autism, specialised commissioning' (v4, 25/1/21).
Jan 2021: Mental Health Casework Section - Response to Covid-19 (update)