View source for April 2011 update

==Case summaries==
*{{pagesummary|PS v Camden and Islington NHS Foundation Trust (2011) UKUT 143 (AAC)}}

*{{pagesummary|Buckinghamshire CC v RB of Kingston upon Thames (2011) EWCA Civ 457}}

*{{pagesummary|CM v Derbyshire Healthcare NHS Foundation Trust (2011) UKUT 129 (AAC)}}

*{{pagesummary|RB v Nottinghamshire Healthcare NHS Trust (2011) UKUT 135 (AAC)}}

*{{pagesummary|TR v Ludlow Street Healthcare Ltd (2011) UKUT 152 (AAC)}}

*{{pagesummary|R (WG) v Leicester City Council (2011) EWHC 189 (Admin)}}

*{{pagesummary|R (Monday) v SSHD (2010) EWHC 3079 (Admin)}}

*{{pagesummary|R (Sturnham) v SSJ (2011) EWHC 938 (Admin)}}

*{{pagesummary|Lumba (WL) v SSHD (2011) UKSC 12}}

*{{pagesummary|Clift v Slough BC (2010) EWCA Civ 1484}}

*{{pagesummary|All About Rights Law Practice v LSC (2011) EWHC 964 (Admin)}}

*{{pagesummary|A Local Authority v DL (2011) EWHC 1022 (Fam)}}

*{{pagesummary|Re CM; LBB v JM (2010) COP 5/2/10}}

*{{pagesummary|R (G) v South London and Maudsley NHS Foundation Trust (2011) EWHC 747 (Admin)}}

*{{pagesummary|R v PA (2010) EWCA Crim 3121}}

*{{pagesummary|R v O (2011) EWCA Crim 376}}

*{{pagesummary|V v R (2011) EWHC 822 (QB)}}

==Legislation etc==
*{{pagesummary|Mental Health (Discrimination) Bill 2010}}

*Draft: {{pagesummary|COP Practice Direction: Preparation of Bundles}}

==Press==
*Martin Beckford, 'Secrecy fears after court bans contact with 65 people' (Telegraph, 19/4/11). Hedley J permitted the press to attend hearings in this case (see previous article); this article complains about the press being ordered not to communicate with witnesses or healthcare professionals (except via the applicant's solicitor) and not to enter within 50 metres of their addresses. See [[Mental health law in the media]]

*Martin Beckford, 'Mother seeks to let daughter with brain damage die' (Daily Telegraph, 15/4/11). This article relates to a preliminary Court of Protection hearing on 14/4/11 before Baker J, involving a patient M who is in a minimally conscious state (rather than a persistent vegetative state): M's mother wants artificial nutrition and hydration to be removed, whereas the Official Solicitor argues that it is M's best interests to be kept alive. See [[Mental health law in the media]]

*Daily Mail, 'Mother withdraws bid to sterilise 21-year-old daughter with significant learning difficulties' (21/4/11); Jerome Taylor, 'Court to rule on sterilisation of pregnant woman' (Independent, 14/2/11); Tim Ross, 'Woman with learning difficulties could be forcibly sterilised' (Telegraph 14/2/11). These articles relate to an application by a mother for the sterilisation of her daughter during a caesarian section operation: according to the articles, at a preliminary hearing in February 2011 the case was adjourned for expert evidence, but by April 2011 the daughter had given birth and the mother had withdrawn her application. See [[Mental health law in the media]]

*Julian Hendy, 'Scandal of mentally ill man who killed his father, was then released...and killed his mother' (Mail on Sunday, 10/4/11). This article is critical of mental health services, including mental health tribunals (for being in private), internal homicide inquiries (for being unreliable) and independent inquiries (for being repeatedly ignored). See [[Mental health law in the media]]

==Department of Health==
*Dept of Health, 'Section 67 of the Mental Health Act' (v3, 13/4/11). This document, setting out the procedure for requesting a reference under s67(1), has been updated with links to the MOJ website. See [[MHA 1983 s67]]

*Dept of Health, 'Ordinary residence: guidance on the identification of the ordinary residence of people in need of community care services, England' (15/4/11). 'The Ordinary Residence Guidance has been updated on 15/4/11, to provide revised guidance on people receiving NHS continuing health care immediately before 19/4/10, when certain changes to the legislation came into effect, and also on people from overseas.' (DH). See [[Ordinary residence]]

*Dept of Health, 'Environmental Design Guide: adult medium secure services' (15/4/11). See [[DH]]

==Legal Services Commission==
*LSC, 'Community Legal Services: Keycard No 47' (April 2011). This document is helpful if working out financial eligibility for Legal Help. The changes in this edition are that: (1) references to LSC Manual 2F are changed to 2E; (2) dependents' allowances are increased. In force 11/4/11. See [[Legal Aid#Other resources]]

*LSC, 'Forms preview May 2011' (8/4/11). The following will change: CLASAPP3, CLSPP5, CLSCLAIM1, CLSCLAIM1A, CLSCLAIM1A Guidance, CLSCLAIM2, CLSCLAIM5A, CLSCLAIM5A Guidance, CW1 Public Law. They are mandatory from 9/5/11 and must not be used before then. Old forms (signed before 9/5/11) will be accepted until 3/6/11. See [[Legal Aid News]]

==Newsletters==
*39 Essex Street, 'Court of Protection Newsletter' (issue 7, April 2011). The cases referred to are: [[LBB v JM (2010) COP 5/2/10]] and [[A Local Authority v DL (2011) EWHC 1022 (Fam)]] (transcripts to follow). Also reproduced is a draft [[COP Practice Direction: Preparation of Bundles]]. See [[Court of Protection]]

*Mind, 'Legal enewsletter' (Issue 8, March 2011). The newsletter covers the following subjects: (1) Patients' experiences of the First-tier Tribunal (Mental Health); (2) Legal Aid cuts - Mind's response; (3) Equality Act 2010 - answering an employer's question about health; (4) Media Publicity and the Court of Protection; (5) Mental capacity and debt; and (6) Public Equality Duty. See [[Mind (Charity)]]

*Text of 'MCA Update' 21/4/11 email added. This email sets out the detail of the fees consultation and a reminder that the consultation will close on 21/5/11. See [[MCA Update emails]] 

==Miscellaneous==
*NHS Information Centre, 'Social Care and Mental Health Indicators from the National Indicator Set - 2009-10 Final release' (various documents, 20/4/11). See [[Statistics]]

*Rezina Hakim and Tom Pollard, 'Briefing Paper 3: Independent Mental Health Advocacy' (Mental Health Alliance, dated February 2011, published 17/3/11). See [[Independent Mental Health Advocate service]]

*CQC, 'Count me in 2010: Results of the 2010 national census of inpatients and patients on supervised community treatment in mental health and learning disability services in England and Wales' (April 2011). See [[Statistics]]

*Law Commission, 'Adult Social Care: Consultation Analysis' (31/3/11). This document summaries the responses to the Adult Social Care consultation. See [[Consultations]]

*The OPG website will close on 4/4/11; its content will be moved to the MOJ and 'Direct Gov' websites. See [[MCA Update emails]]

*On 1/4/11 the Tribunals Service and Her Majesty's Courts Service merged to form Her Majesty's Courts and Tribunals Service. The 'mhrt.org.uk' website is no longer operational, and the content has been transferred to the MOJ website. See [[Mental Health Tribunal#External links]]

==Website==
*Mental Health Law Online was five years old on 19/4/11. Many thanks to all readers, contributors and subscribers.

*See [[April 2011 chronology]] for this month's changes to the website in date order

*On 30/4/11, Mental Health Law Online contained [[Mental health case law|980 categorised cases]]

*There is currently a ban on the publication of anonymised First-tier Tribunal (MH) [[Tribunal rule 46|rule 46]] judgments on points of law; this is based on [[Tribunal rule 14|rule 14]](7): 'Unless the Tribunal gives a direction to the contrary, information about mental health cases and the names of any persons concerned in such cases must not be made public.' There are over 100 of these judgments. Although they set no binding precedent, and are supposed only to tackle clear errors of law, they are detailed and their publication would serve illustrative and educational purposes. In the circumstances, consideration is being given by Mental Health Law Online to the publication of summaries stating legal principles and reasoning, as it appears that this would not involve publishing 'information about mental health cases' within the meaning of rule 14. Your views would be welcome.

*The March 2011 CPD test is now online. The scheme is suitable for solicitors, barristers (established practitioners), legal executives and others. 12 CPD points for £60 (or £50 to re-subscribe). See [http://mentalhealthlaw.co.uk/cpd/ CPD scheme]

==Twitter==
{{monthly|twitter|2011|4}}

[[Category:Updates]]