View source for April 2012 update

Alternative formats: '''[[Media:MHLO Monthly Update April 2012.pdf|PDF]]''' | '''[[Media:MHLO Monthly Update April 2012.mobi|Kindle]]'''

==Case summaries==
*{{pagesummary|R v B (2012) EWCA Crim 770, (2012) MHLO 42}}
*{{pagesummary|Re JC; D v JC (2012) MHLO 35 (COP)}} Transcript provided by Barbara Rich of 5 Stone Buildings
*{{pagesummary|R (HA (Nigeria)) v SSHD (2012) EWHC 979 (Admin), (2012) MHLO 41}}
*{{pagesummary|Dunhill v Burgin (2012) EWCA Civ 397, (2012) MHLO 33}}
*{{pagesummary|R v Ahmed (2012) EWCA Crim 708, (2012) MHLO 40}}
*{{pagesummary|R (Sutton) v Calderdale Council (2012) EWHC 637 (Admin), (2012) MHLO 39}}
*{{pagesummary|R v Levey (2012) EWCA Crim 657, (2012) MHLO 34}}
*{{pagesummary|Re Drew (2012) MHLO 45 (LPA)}}
*{{pagesummary|Re Bloom (2012) MHLO 44 (LPA)}}
*{{pagesummary|Re Batchelor (2012) MHLO 43 (LPA)}}
*{{pagesummary|L v Clinical Director of St Patrick's University Hospital (2012) IEHC 15, (2012) MHLO 36}}

==Case transcripts==
*{{pagesummary|MM (Zimbabwe) v SSHD (2012) EWCA Civ 279, (2012) MHLO 38}}
*{{pagesummary|Republic of South Africa v Dewani (2012) EWHC 842 (Admin), (2012) MHLO 37}}
*{{pagesummary|Re JO'B; HSE v JO'B (2011) IEHC 73}}
*{{pagesummary|Han v President of the Circuit Court (2008) IEHC 160}}
*Transcript and neutral citation now available: {{pagesummary|Coombs v Dorset NHS PCT (2012) EWHC 521 (QB), (2012) MHLO 13}}

==Legislation==
*{{pagesummary|Health and Social Care Act 2012}}
*{{pagesummary|Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2012}}

==Mental Health Tribunal==
*HMCTS, 'Mental Health Tribunal Stakeholder Bulletin April 2012' (17/4/12). The following are the headings: Contacting the Tribunal; Reports Processing Team; Section 2 Cases; Scanned Reports; Password protection; Notification to the Tribunal of Patient Withdrawals and RC Discharges; HQ2 Questionnaire; FTT Mental Health Policy update; Clerking; Facilities for the Hearing impaired; Olympics and Paralympics 2012 and the potential impact; Relist Team; Customer Survey; Feedback. In relation to the new forms: '''Form CNL2''' ('Case Notification Letter 2'), which from May 2012 will be sent to the representative with the RC's report, demands that the representative complete '''Form HQ2''' ('Hearing Questionnaire 2'). HQ2 asks the following questions: (1) What is the Patient seeking from the tribunal, and what are the principal areas of dispute? (2) Do you intend to call an independent expert? If so, please give details. (3) What is your hearing time estimate? (4) Would this case benefit from pre-hearing review by a tribunal judge? If so, please say why (e.g. change of status under the Act, or recent hospital transfer). (5) Are there any other matters that you feel that the panel should know in order to dispose of this matter justly, fairly and without delay? (6) Does the patient need an interpreter? If so, please give details of language and dialect. See [[Mental Health Tribunal#Tribunal member and stakeholder email bulletin]]
*New Practice Direction on reports. {{pagesummary|Practice Direction: First-tier Tribunal Health Education and Social Care Chamber: Statements and Reports in Mental Health Cases (28/10/13)}}
*HMCTS, 'T128: Options for your Tribunal Referral Hearing: Community Patients' (April 2012). This is the form which is sent to CTO patients inviting them to cancel their tribunal referral hearings. See [[Tribunal Procedure (Amendment) Rules 2012]]
*Updated guidance. HMCTS, 'Room Specification Recommendations for Tribunal Hearings' (March 2012). See [[Mental Health Tribunal]]
*{{pagesummary|MHT, 'Guidance Booklet: Reports for Mental Health Tribunals' (published 7/9/10, updated 4/4/12)}}
*Mark Hinchliffe, 'Important Notice' (29/3/12). This document describes the changes made by the [[Tribunal Procedure (Amendment) Rules 2012]] on 6/4/12. In relation to the tribunal's requirement, in CTO reference cases, for evidence from the RC about the patient's capacity to decide not to attend or be represented, it states: 'We do not see that this should present a difficulty or a conflict of interest. The Responsible Clinician, as an expert witness, has no "interest" one way or the other and, in any event, has a responsibility to assess capacity in many situations...' See [[Mental Health Tribunal#Messages from Deputy Chamber President]]

==Court of Protection==
*New COP Practice Direction. {{pagesummary|COP Practice Direction: Preparation of Bundles}}

==Care Quality Commission==
*CQC, 'CQC inspector dismissed for gross misconduct' (27/4/12). 'A CQC inspector has been dismissed for gross misconduct after an internal investigation revealed that the impartiality of their regulatory judgements had been seriously compromised. This came to light as a result of whistle-blowing information to the CQC. No additional detail can be provided as CQC has now referred this matter to the police.' See [[CQC]]

==Legal Services Commission==
*The LSC is consulting on their proposal to discontinue funding for the Specialist Support Service, as a result of conceding a judicial review of their decision to do so. The consultation runs until 11/5/12. The specialist support service for mental health is run by Scott Moncrieff Solicitors, and is available from Monday to Friday, 10am to 4pm, on 0844 800 3364. Related articles: Legal Aid Handbook Blog, 'LSC concede judicial review; specialist support reprieved' (1/3/12); Legal Aid Handbook Blog, 'Weekly round up' (1/4/12). See [[Consultations#Legal Services Commission]]
*LSC, 'New Keycard 48 to be introduced from 9 April' (5/4/12). Keycard 48 reflects an increase in the standard dependants' allowances assessed for a partner or child living within the client's household; the new rates are applicable to new applications or further assessments made on or after 9 April 2012. Eligibility limits are unchanged. See [[Legal Aid News]]

==Newsletters==
*39 Essex Street, 'Court of Protection Newsletter' (issue 20, April 2012). The cases mentioned in this issue are: Austin v UK 39692/09 [2012] ECHR 459, [2012] MHLO 22, DD v Lithuania 13469/06 [2012] ECHR 254, [2012] MHLO 29, DL v A Local Authority [2012] EWCA Civ 253, [2012] MHLO 32, Long v Rodman [2012] EWHC 347 (Ch), [2012] MHLO 12, ZH v Commissioner of Police for the Metropolis [2012] EWHC 604 (QB), [2012] MHLO 25, Seaton v Seddon [2012] EWHC 735 (Ch), [2012] MHLO 28, Coombs v Dorset NHS PCT [2012] EWHC 521 (QB), [2012] MHLO 13. Also mentioned are: CQC report on DOLS; Listing Deprivation of Liberty Safeguarding cases; COP Cases Online and all previous newsletters in one PDF document. See [[39 Essex Street COP Newsletter]]
*Mind, 'Legal enewsletter' (Issue 11, April 2012). This newsletter contains: (1) Articles: (a) Making best interests decisions under the Mental Capacity Act 2005, (b) Listening to experience - Mind's report into acute and crisis mental healthcare, (c) The right to life under Article 2 of the ECHR, (d) The right to independent living - is it working?; (2) Case reports: (a) SSJ v RB (2011) EWCA Civ 1608, (b) Cheshire West and Chester Council v P (2011) EWCA Civ 1257, (c) O'Cathail v Transport for London (2012) EWCA Civ 92; (3) Updates: (a) Discrimination news, (b) Section 117 MHA 1983 and the Health and Social Care Bill 2012, (c) Changes to mental health tribunal rules and procedure, (d) Care Quality Commission, (e) Chartered Institute of Personnel and Development (CPID) Toolkit, (e) Proposed DVLA changes: fitness to drive, (f) Court of Protection. See [[Mind (Charity)]]

==Articles==
*Irwin Mitchell Solicitors, 'Mother Proved Right As Son Freed From Padded Room Hell Makes Progress' (29/3/12). 'Court Anonymity Order Lifted Naming Wigan Borough Council As Local Authority Which Locked Up Her Autistic Son.' See [[Re C; C v Wigan Borough Council (2011) EWHC 1539 (Admin)]]
*Legal Action articles on the required content of social circumstances reports and responsible authority statements, reproduced by kind permission: (1) Christopher Curran, Malcolm Golightley and Phil Fennell, 'Social circumstances reports for mental health tribunals - Part 1' (Legal Action, June 2010); (2) Christopher Curran, Malcolm Golightley and Phil Fennell, 'Social circumstances reports for mental health tribunals - Part 1' (Legal Action, July 2010); (3) Christopher Curran, Phil Fennell and Simon Burrows, 'Responsible authority statements for mental health tribunals' (Legal Action, March 2012). See [[Tribunal Rules]]
*David Hewitt, 'Purpose alone can no longer determine if there is a deprivation of liberty' (Solicitors Journal, 16/4/12). This article argues that the reference in the Court of Appeal decision in Cheshire West to 'purpose' as being relevant to the objective element of deprivation of liberty is not supported by the subsequent ECtHR decision in Austin. See [[Cheshire West and Chester Council v P (2011) EWCA Civ 1257]]

==Events==
*The Mental Health Lawyers Association will be running their successful two-day course for membership of the Law Society's Mental Health Accreditation Scheme (formerly the MHRT panel) in Leeds on Monday 18/6/12 and Tuesday 19/6/12. Price: £300 (members); £390 (non-members); £250 (for third and subsequent members in a group). CPD: 12 SRA-accredited hours. See MHLA website for further details and booking form. See [[Events]]

==Jobs==
*Turning Point, a health and social care charity, has an opportunity for a part-time Mental Health Act Administrator (22.5 hours) at a new 28-person Independent Hospital in Mastin Moor, Chesterfield. The closing date for applications is 10/5/12. See [https://turningpoint.ppsworks.co.uk/apply/index1.php?online_ref=31Dl34M6 Turning Point website] for details and to apply. See [[Jobs]]

==Other==
*Westminster Hall debate on Litigation Friends (HC Deb, 21 March 2012, c244WH). See [[Official Solicitor]]

==Website==
*Mental Health Law Online was six years old on 19/4/12! Many thanks to all readers, contributors and subscribers.
*On 30/4/12 Mental Health Law Online contained [[Mental health case law|1175 categorised cases]]
*The April 2012 CPD questionnaire is now online. Obtain 12 accredited CPD points for £60. See [[CPD scheme]]
*Please subscribe to Mental Health Law Online's new discussion list. This is separate from the email updates list, which remains unchanged. The discussion list will cover all aspects of mental health law in England and Wales, from the Mental Health Act 1983 and the Mental Health Tribunal, to the Mental Capacity Act 2005 and the Court of Protection. See [[Discussion]]
*Thanks to Barbara Rich of 5 Stone Buildings for the transcript for [[Re JC; D v JC (2012) MHLO 35 (COP)]]
*The following was asked on a discussion page on 2/4/12 (before the discussion list began). 'Does anyone know: if a CTO inadvertently lapses (i.e. is not renewed by accident) does the original section 3 which the CTO was suspending come back into being? I know if you discharge someone from the CTO that discharges from the section 3. If you revoke the CTO then the Section 3 will come back into being. But if the CTO just lapses does that also mean that the Section 3 that was suspended has lapsed by default as well? I don't know the answer but if anyone does that would be really helpful. Thanks'. The answer is that when the CTO expires the s3 ceases to have effect: see [[s20B]].
*The government have announced that from 1 April 2012, following the Court of Appeal decision in [[Cheshire West and Chester Council v P (2011) EWCA Civ 1257]] and the subsequent High Court decision in [[Re C; C v Blackburn and Darwen Borough Council (2011) EWHC 3321 (COP)]], the entire Mental Health Act 1983 will be repealed. The government spokesman, Avril Poisson, said: “Those subject to the Act lack capacity, as demonstrated by their inability to comply with voluntary inpatient treatment, and they should be treated equally to others who lack capacity. Recent case law on deprivation of liberty has shown that the relevant contrast when assessing ‘relative normality’ is not ‘the ordinary adult going about the kind of life which the able-bodied man or woman on the Clapham omnibus would normally expect to lead’ but rather ‘the kind of lives that people like X would normally expect to lead’ (Cheshire West, para 102). Periods of hospital inpatient treatment are normal, as an inevitable corollary of psychiatric disabilities: during those periods there are no realistic alternatives and no deprivation of liberty within the meaning of [[Article 5]] of the European Convention.” She said that the 29-year-old Act would be abolished with immediate effect because it is no longer fit for purpose, and that the “so-called” deprivation of liberty safeguards would also come under scrutiny. “When I use a word,” she said, in rather a scornful tone, “it means just what I choose it to mean – neither more nor less.” '''[Hope you enjoyed the April Fools' Day joke!]'''
*You can now receive monthly updates delivered automatically to your Kindle e-reader. See [[Kindle updates]]
*New caselaw category. See [[:Category:Statutory will cases]]
*See [[April 2012 chronology]] for this month's changes to the website in date order

==Twitter==
{{monthly|twitter|2012|4}}

[[Category:Updates]]