View source for April 2015 chronology

See [[April 2015 update]] for a thematic summary of these changes.

*29/04/15 (4): '''Extradition case.''' [[H v USA (2015) EWHC 1066 (Admin), (2015) MHLO 37]] {{pagesummary|H v USA (2015) EWHC 1066 (Admin), (2015) MHLO 37|d}}

*29/04/15 (3): '''Edge Training: DoLS Signatory Course on 12/6/15.''' Edge Training are running a "DoLS Signatory Course" on Friday '''12/6/15''' in London. This will be a practical training day designed for DoLS supervisory body signatories. The course will, among other things, look at the new DoLS forms and consider what signatories should expect to see in relation to the evidence and rationale for decisions made. Price: £115 +VAT. Speaker: Steven Richards. See [[Media:Edge Flyer DoLS Signatory Course 12 Jun 2015.pdf|flyer]] for further details and booking information. See [[Events]]

*29/04/15 (2): '''Edge Training: BIA Legal Update on 26/6/15.''' Edge Training are running a BIA Legal Update (also open to MH Assessors) on Friday '''26/6/15''' in London. The course will provide information on the key cases and news over the last six to twelve months, and will focus on practical issues and case studies. Price: £115 +VAT. Speaker: Steven Richards. See [[Media:Edge Flyer BIA Legal Update 26 Jun 2015.pdf|flyer]] for further details and booking information. See [[Events]]

*29/04/15 (1): '''Tribunal practice statement on delegation of functions.''' {{pagesummary|Practice Statement: Delegation of Functions to Staff and to Registrars on or after 27 April 2015 (27/4/15)}}

*28/04/15 (1): '''Legal Aid Agency, 'Mental Health Common Errors' (v1, 6/2/15, published April 2015).''' This document contains the following headings: Claiming Errors; Tackling poor quality; Web links to documents. Details in relation to the following claiming errors are set out in the document: (1) Incorrect coding. (2) Failure to conduct a means assessment for the client in a non-MHT matter, where no advice has been given with regards the Tribunal process, or any advice given was not necessary. (3) Failure to evidence of client’s means in a non-MHT matters where the client is in detention and there is little/no evidence on file that the fee-earner has undertaken reasonable steps to check whether the ward manager, social workers, family members etc. can confirm the client’s financial position. (4) Opening a separate non-MHT matter start and claiming a separate non-MHT fee when it should have been rolled up' into a concurrent MHT fee. (5) Failure to understand matter start rules where the client is the Nearest Relative (NR), particularly with regard to non-MHT and MHT matter start rules. (6) Claiming a MHT fee for standalone non-MHT work such as a Hospital Managers Meeting/Review or S117 meeting. (7) Claiming the MHT Level 3 Fee where an effective MHT has not taken place, or the provider has not carried out any representation. (8) Claiming the MHT Level 2 Fee before an MHT application has been submitted, or where neither 30 minutes work has been done nor negotiations with a third party have been carried out. (9) [I]f the provider makes [an s2] application too late for it to be considered by the tribunal ... only the MHT level 1 fee should be claimed. (10) Failure to open a new NMS in circumstances where an informal patient is detained under Section. (11) Claiming a separate fee in relation to a renewal hearing [in the wrong circumstances]. (12) Claims for Remote Travel Payments. (13) Excessive travel cost claims: the Cost Assessment Guidance indicates a limit of 5 hours unless reasonable justification is evidenced on file. (14) Excessive disbursement claims: includes the claiming of Counsel fees (which should be paid out of the fees claimed except where prior authority has been granted to incur a higher rate) and multiple independent expert reports (where they are not justified by the case). (15) Consideration must be given to whether attendance at HMH, s117 or CPA meetings is necessary and/or appropriate. See [[Legal Aid#Guidance documents]]

*27/04/15 (4): '''MHLA: Court of Protection Conference.''' The Mental Health Lawyers Association's second annual Court of Protection Conference will be held on Friday '''3/7/15''' in London. Keynote speaker: Sir James Munby, President of the Family Division and President of the Court of Protection. Price: £120 (MHLA members); £180 (non-members). CPD: 6 hours. See [http://www.mhla.co.uk/events/court-of-protection-conference-london-3-jul-2015/ MHLA website] for further details and to book online.

*27/04/15 (3): '''MHLA: Panel courses.''' The Mental Health Lawyers Association are running their Panel Course (a) on Monday '''1/6/15''' and Tuesday '''2/6/15''' in London, and (b) on Thursday '''4/6/15''' and Friday '''5/6/15''' in Leeds. The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). CPD: 12 hours. See MHLA website ([http://www.mhla.co.uk/events/panel-course-london-1-2-jun-2015/ London course] and [http://www.mhla.co.uk/events/panel-course-leeds-4-5-jun-2015/ Leeds course]) for further details and to book online.

*27/04/15 (2): '''MHLA: Foundation courses.''' The Mental Health Lawyers Association are running a mental health law Foundation Course on Monday '''18/5/15''' in London and on Tuesday '''19/5/15''' in Manchester. This course is aimed at new practitioners and those intending to attend the panel course in the near future. The foundation course takes an interactive approach. It covers the basics of mental health law, Legal Aid, and running a mental health file. Price: £150 (MHLA members); £195 (non-members). CPD: 6 hours. See MHLA website ([http://www.mhla.co.uk/events/foundation-course-london-18-may-2015/ London course] and [http://www.mhla.co.uk/events/foundation-course-manchester-19-may-2015/ Manchester course]) for further details and to book online.

*27/04/15 (1): '''MHLA: Introduction to the Court of Protection course.''' The Mental Health Lawyers Association are running an "Introduction to the Court of Protection" course on Thursday '''7/5/15''' and Friday '''8/5/15''' in London. This course is primarily aimed at practitioners with little or no experience in conducting matters before the Court and those seeking a practical foundation to undertaking proceedings in the Court. The course will cover health and welfare matters, deprivation of liberty, funding and, to a lesser extent, issues relating to property and affairs. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). CPD: 12 hours. See [http://www.mhla.co.uk/events/introduction-to-the-court-of-protection-london-7-8-may-2015/ MHLA website] for further details and to book online.

*24/04/15 (1): '''Summaries from Kris Gledhill added to some 2014 case pages.''' The cases are: [[R v Dixon (2013) EWCA Crim 465, (2013) MHLO 42]] — [[R v Caress (2013) EWCA Crim 218, (2013) MHLO 27]] — [[R (Z) v Whittington Hospital (2013) EWHC 358 (Admin), (2013) MHLO 29]] — [[Lashin v Russia 33117/02 (2013) ECHR 63, (2013) MHLO 14]] — [[Mihailovs v Latvia 35939/10 (2013) ECHR 65, (2013) MHLO 15]] — [[R v Ahmed (2013) EWCA Crim 1393, (2013) MHLO 66]] — [[R (Modaresi) v SSH (2013) UKSC 53, (2013) MHLO 63]] — [[SSJ v SB (2013) UKUT 320 (AAC), (2013) MHLO 56]] — [[R (Lee-Hirons) v SSJ (2013) EWHC 1784 (Admin), (2013) MHLO 54]] — [[R (Afework) v LB Camden (2013) EWHC 1637 (Admin), (2013) MHLO 51]] — [[GA v Betsi Cadwaladr University Local Health Board (2013) UKUT 280 (AAC), (2013) MHLO 50]] — [[EC v Birmingham and Solihull Mental Health NHS Trust (2013) EWCA Civ 701, (2013) MHLO 47]] — [[Bernard v SW London and St George's MH NHS Trust (2013) UKUT 58 (AAC), (2013) MHLO 26]]

*22/04/15 (1): '''Department of Health and Welsh Government, 'Mental health aftercare in England and Wales: Arrangements for resolving disputes over ordinary residence involving local authorities in England and Wales' (March 2015).''' These arrangements, made under s117(5), set out the process by which the Secretary of State for Heath and the Welsh Ministers will decide which of them will determine a dispute about where a person was ordinarily resident for the purposes of s117(3) if the dispute is between an LSSA in England and an LSSA in Wales. See [[After-care]]

*19/04/15 (2): '''Mental Health Law Online is 9 years old today!''' To celebrate this anniversary there are several new website features, including a Facebook page and a menu of icons which you can use to share pages across social media. See [[Main Page]]

*19/04/15 (1): '''New Mental Health Law Online Facebook page.''' MHLO now has a [https://www.facebook.com/pages/Mental-Health-Law-Online/1396218840700049 Facebook page] - click "Like" on that page to follow it and have MHLO news items appear on your timeline. It's a "page" rather than a "group" so is not designed to replace the email discussion list, but it is possible to share each item with friends and add comments.

*16/04/15 (1): '''Deprivation of liberty case (own home).''' [[W City Council v Mrs L (2015) EWCOP 20, (2015) MHLO 35]] {{pagesummary|W City Council v Mrs L (2015) EWCOP 20, (2015) MHLO 35|d}}

*13/04/15 (1): '''PI quantum case.''' [[DD v Dudley and Walsall NHS Trust (2014) MHLO 145 (PI)]] {{pagesummary|DD v Dudley and Walsall NHS Trust (2014) MHLO 145 (PI)|n}} 

*12/04/15 (1): '''Mind, 'Legal Newsletter' (Issue 18, March 2015).''' This issue contains the following headings. (1) '''Articles:''' (a) The Care Act; (b) Policing and mental health: Report of the Home Affairs Committee; (c) CQC fifth annual monitoring report on the implementation of DoLS; (d) Revised code of practice for the Mental Health Act published; (e) Take action for better mental health: Mind manifesto for the General Election 2015. (2) '''Case Reports and Case Notes:''' (a) [[Essex County Council v RF (2015) EWCOP 1, (2015) MHLO 2]], 7 January 2015; (b) [[Bostridge v Oxleas NHS Foundation Trust (2015) EWCA Civ 79, (2015) MHLO 12]]; (c) Court rules that Mother of Six can be sterilised; (d) [[Re AJ (DOLS) (2015) EWCOP 5, (2015) MHLO 11]]; (e) [[NL v Hampshire CC (2014) UKUT 475 (AAC), (2014) MHLO 107]], 21 October 2014. (3) '''News:''' (a) Mental Health Act Annual Report 2013/14; (b) Legal Aid Agency, 'Requests for Supplementary Matter Starts: Guidance to Contract Managers'; (c) FCO Advice to travellers with mental health problems; (d) Law Society practice note on representation before Mental Health Tribunals; (e) Mental Capacity Act DoLS (Deprivation of Liberty Safeguards) Procedure; (f) New CQC Guidance, information about some important changes coming into effect on 1 April 2015; (g) Local Government Ombudsman Decision [[Cambridgeshire County Council 13 016 935 (2015) MHLO 9 (LGO)]]; (h) Strengthening the Rights of People with Learning Disabilities, Autism and Mental Health Conditions. See [[Mind (Charity)#Newsletter]]

*10/04/15 (5): '''Judiciary website, 'Court of Protection Practice Directions come into force 6 April 2015' (2/4/15).''' Also: Sophy Miles, 'New Practice Directions out now!' (Court of Protection Handbook Blog, 8/4/15). See [[Court of Protection Practice Directions]]

*10/04/15 (4): '''Guardianship/DOLS case.''' [[NM v Kent County Council (2015) UKUT 125 (AAC), (2015) MHLO 34]] {{pagesummary|NM v Kent County Council (2015) UKUT 125 (AAC), (2015) MHLO 34|n}}

*10/04/15 (3): '''New tribunal forms: T110-Guardianship and HQ1-Guardianship.''' From 7/4/15 these forms should be used in guardianship cases. See [[Tribunal forms]]

*10/04/15 (2): '''Alex Ruck Keene et al, 'Deprivation of liberty: a practical guide' (Law Society, 9/4/15).''' Law Society summary: "The Law Society has issued comprehensive guidance on the law relating to the deprivation of liberty safeguards. The safeguards aim to ensure that those who lack capacity and are residing in care home, hospital and supported living environments are not subject to overly restrictive measures in their day-to-day lives. The guidance was commissioned by the Department of Health and aims to help solicitors and frontline health and social care professionals identify when a deprivation of liberty may be occurring in a number of health and care settings. It uses case scenarios to explain the law following the landmark judgment of the Supreme Court in the case of Cheshire West (2014). The complete guidance is available below. You can also download individual chapters relating to specific care settings. Quick reference sheets also highlight relevant liberty restricting factors and key questions for practitioners relating to each individual setting." The guidance contains the following chapters: (1) introduction; (2) the law; (3) Cheshire West; (4) the hospital setting; (5) the psychiatric setting; (6) the care home setting; (7) supported living; (8) at home; (9) under 18s; (10) summaries of key cases; (11) further resources. See [[DOLS#Academic articles etc]]

*10/04/15 (1): '''Event: conference in Cork.''' The Centre for Criminal Justice and Human Rights at the University College Cork, and the Irish Mental Health Lawyers Association, are holding a Mental Health Law Conference on Saturday 25/4/15 from 10am to 2pm in Cork. Speakers and chairs include: Ms Kathleen Lynch, TD, Minister of State for Primary Care, Mental Health and Disability; Judge John O’Connor, District Court; Judge Anselm Eldergill, Court of Protection, England; Ms Joan Doran, Solicitor, Chairperson of IMHLA; Dr Maria Morgan, Psychiatrist; Dr Ciaran Craven, Senior Counsel; Dr Darius Whelan, School of Law, UCC. Cost: €80 (NGOs €30, full-time students free). For further details and booking information see [http://www.ucc.ie/en/ccjhr/events/title-541101-en.html University College Cork website]. See [[Events]]

[[Category:Updates]]