View source for August 2010 update

==Case law - new summaries==
*{{pagesummary|WS v MHTS (2010) CSIH 74}}
*{{pagesummary|Re LD; London Borough of Havering v LD and KD (2010) EWHC 3876 (COP)}}
*{{pagesummary|AH v West London MH NHS Trust (2010) UKUT 264 (AAC)}}
*{{pagesummary|Re D (Statutory Will); VAC v JAD (2010) EWHC 2159 (Ch)}}
*{{pagesummary|‎Re Lodge (2010) COP 6/8/10}}
*{{pagesummary|‎Re Cotterell (2010) COP 3/8/10}}
*{{pagesummary|‎Re Porter (2010) COP 26/7/10}}
*{{pagesummary|G v E, Manchester City Council and F (2010) EWHC 2042 (Fam)}}
*{{pagesummary|Re RC (Deceased); SC v LB Hackney (2010) EWHC B29 (COP)}}
*{{pagesummary|Re MN (2010) EWHC 1926 (Fam)}}
*{{pagesummary|BB v AM (2010) EWHC 1916 (Fam)}}
*{{pagesummary|D County Council v LS (2010) EWHC 1544 (Fam)}}
*{{pagesummary|Re Mark Reeves (2010) COP 5/1/10}}
*{{pagesummary|Gale v Gale (2010) EWHC 1575 (Ch)}}
*{{pagesummary|A Local Authority v Mrs A and Mr A (2010) EWHC 1549 (Fam)}}
*{{pagesummary|R (Mwanza) v LB of Greenwich (2010) EWHC 1462 (Admin)}}
*{{pagesummary|Henderson v MHTS (2010) ScotSC 29}}
==Case law - other==
*The "Cases pending before Three-Judge Panels" page on Tribunals Service website was updated on 20/8/10 with the following information. Whether it is lawful to conditionally discharge a restricted patient on conditions that he reside in a care home and not leave it without an escort - an oral hearing will be held on 29/9/10. See [[R (RB) v First-tier Tribunal (Review) (2010) UKUT 160 (AAC)]]
*Alex Ruck Keene and Victoria Butler-Cole of 39 Essex Street published "Court of Protection Update: August 2010". See [[Court of Protection]]
*Case information added. See {{pagesummary|G v E, Manchester City Council and F (2010) EWHC 2042 (Fam)}}
==Legal Services Commission==
*CLS News "Update on accreditation contribution scheme" published on 18/8/10. From 14/10/10 the LSC will only pay £146.88 towards accreditation and re-accreditation to the Law Society Mental Health panel (these figures are from a document not on the LSC website). The rationale is that this is 50% of the cost. See [[Legal Aid News]]
*The LSC published "Civil Contract 2010 Verification: Frequently Asked Questions" on 23/8/10. See [[Legal Aid News]]
*LSC Mental Health Newsletter August 2010 was published on 13/8/10. This Legal Services Commission newsletter contains information under the following headings: (1) Running record of costs; (2) Level 1 rates; (3) Application turnaround; (4) Application for prior authorities. It is stated that "If your client has applied to the Tribunal before your initial attendance, then all work undertaken on the date you first attend with the client is deemed to be level 1 and must be claimed at Legal Help rates" but this is inconsistent with specification paragraphs 12.18-12.20 and Principles document paragraph 2. The small print contains the following gem: "The views expressed in this publication may not be the views of the Legal Services Commission." See [[Legal Aid]]
*LSC Tendering process news - 12/8/10: "The appeals process for Mental Health services for Strategic Health Authorities is now complete. Assessment of tenders for work at High Security Hospitals is ongoing and we will notify applicants of the outcome of this tender week beginning 16 August". See [[Legal Aid]]
*CLS News: "Financial stewardship visits – guidance published". On 5/8/10 the LSC published a draft version (marked "version 5" and "first edition" and dated April 2010) of the manual used by "relationship" managers for their "financial stewardship visits". The areas dealt with are: (1) Obtaining and retaining evidence of means (civil only); (2) Case splitting and duplicate claiming (civil only); (3) Family level 1 and 2 fees; (4) Evaluating publicly-funded WIP (civil only); (5) Management of certificated payments on account; and (6) Validation of tolerance claims. It discusses how visits are organised and potential outcomes, including contract sanctions. See [[Legal Aid]]

==Mental Health Tribunal==
*The Tribunal secretariat have introduced new application and referral forms, and a guidance document. They state that from 1/10/10 incomplete application forms will be rejected unless satisfactory reasons are given, and ask that duplicate forms are not sent. See [[Tribunal forms]]
*On 30/7/10 the Tribunals Service published "Consultation on changes to the listing process: Summary of Consultation Responses". See [[Consultations#Mental Health Tribunal]]

==Other updates==
*New page added. {{pagesummary|Legal Ombudsman}}
*Link to BBC programme "Madness in the Fast Lane" added (broadcast 10/8/10). Tabloid television about a mentally-ill lady's progress through the justice system. See [[Mental health law in the media]]
*Link to Channel 4 News item "Family condemn 'barbaric' council over removal" added (broadcast 5/8/10). This relates to the G v E series of cases. See [[Mental health law in the media]]
*04/08/10: On 5/7/10 the National Mental Health Development Unit published seven "Mental Health Factfiles". These are short documents outlining key facts and figures: (1) Mental health and employment, (2) Mental health and housing, (3) The costs of mental ill health, (4) Public mental health and well-being, (5) Equalities in mental health, (6) Stigma and discrimination in mental health, and (7) Ensuring greater access to talking therapies. See [[NMHDU]]
*On 29/7/10 the Legislation.gov.uk website was launched. It will replace the OPSI and Statute Law Database websites once the content has all been transferred across. See [[Legislation.gov.uk]]
*The Report of the ad hoc Court of Protection Rules Committee was published on 2/8/10. The proposals include: separate procedures for non-contentious property and affairs applications, contentious property and affairs applications, and health and welfare applications; new forms and amendments to the rules and practice directions for that purpose; some non-contentious property and affairs applications being dealt with by court officers; separate applications for permission being abandoned. See [[Court of Protection Rules 2007]]
*NI Executive Press Release: "McGimpsey launches EQIA for new Mental Capacity Bill and proposals following McDermott case" issued 30/7/10. (1) The Equality Impact Assessment relates to the proposal for a single mental health and capacity Bill. (2) The McDermott case involved two paedophiles who were found unfit to be tried (under article 49 Mental Health (Northern Ireland) Order 1986) but instead of being admitted to hospital under article 50A(2)(a) were given two-year supervision and treatment orders under article 50A(2)(b); the proposal is unclear but appears to be to bring the article 3 definitions of mental disorder etc into line with the current English definitions. See [[Northern Ireland]]

==Website/CPD==
*CPD questionnaires have been added for all months up to and including July 2010. For £50 you can earn 12 CPD credits online. The subscription can straddle two CPD years: for instance, if you only need 4 more hours this year, you can do 4 tests at any time before November and 8 tests after. See <span class="plainlinks">[http://mentalhealthlaw.co.uk/cpd/ CPD scheme]</span>
*The Wikimentalhealth CPD scheme is accredited with the SRA for solicitors, but not the BSB for barristers; however, barristers can take part on the following terms. Established Practitioners (barristers over 3 years' call) must accrue 12 CPD hours per calendar year. Only 4 hours must be accredited by the Bar Standards Board; the remaining 8 can be claimed as unaccredited. Therefore, Established Practitioners can still subscribe but the CPD hours will have to be claimed as unaccredited. Practitioners would have to satisfy the 4 accredited hours via other means. The subscription period can straddle calendar years, so it is still possible to obtain 12 points per subscription. See <span class="plainlinks">[http://www.mentalhealthlaw.co.uk/cpd/ CPD scheme]</span>
*The problem with the Paypal and Google Checkout links on the CPD scheme has been fixed. See <span class="plainlinks">[http://www.mentalhealthlaw.co.uk/cpd/ CPD scheme]</span>
*See [[August 2010 chronology]] for this month's changes to the website in date order.
*On 31/8/10, the website had '''808''' [[Mental health case law|categorised cases]].

[[Category:Updates]]