View source for January 2011 update

==Website and CPD==
*The January 2011 CPD questionnaire, which is based on the content of this Update, is now available online. See [http://www.mentalhealthlaw.co.uk/cpd/ CPD scheme]

*The scheme is primarily aimed at mental health solicitors, and is accredited by the SRA. The course will cover LSC category supervisors for their mandatory MHA- and MCA-related CPD hours. It is also suitable for barristers (established practitioners), psychiatrists, social workers and psychiatric nurses. For '''£50''', you can obtain 12 CPD credits. Multiple-choice tests are published monthly and stay online for 12 months, and can be taken at any time during the 12-month subscription.

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

*On 31/12/10, the website had '''918''' [[Mental health case law|categorised cases]]

==Case summaries==
*{{pagesummary|SSJ v RB (2010) UKUT 454 (AAC)}}
*{{pagesummary|TTM v LB Hackney (2011) EWCA Civ 4}}
*{{pagesummary|DL v South London and Maudsley NHS Foundation Trust (2010) UKUT 455 (AAC)}}
*{{pagesummary|CB v Sussex County Council (2010) UKUT 413 (AAC)}}
*{{pagesummary|Re KM; NCC v KM (2009) COP 1145479102}}
*{{pagesummary|Re P (2010) COP 23/12/10 (Mostyn J)}}
*{{pagesummary|Re JP; DP v JCP (2010) COP 11692737}}
*{{pagesummary|Re J (2010) MHLO 167 (COP)}}
*{{pagesummary|Re RK; YB v BCC (2010) EWHC 3355 (COP)}}
*{{pagesummary|R v Inglis (2010) EWCA Crim 2269}}
*{{pagesummary|Salisu v SSH (2011) UKFTT 1 (HESC)}}
*{{pagesummary|Francis v GSCC (2010) UKFTT 434 (HESC)}}
*{{pagesummary|GSCC conduct committee decision: Philip Julian Davies 10/12/10}}
*{{pagesummary|TW v A City Council (2011) EWCA Civ 17}}
==Case summaries - OPG==
*{{pagesummary|Re Scott (2011) COP 11/1/11}}
*{{pagesummary|Re Stevens (2011) COP 11/1/11‎}}
*{{pagesummary|Re Harris (2011) COP 6/1/11‎}}
*{{pagesummary|Re Donegan (2011) COP 6/1/11}}
*{{pagesummary|Re Berg (2010) COP 31/12/10‎}}
*{{pagesummary|Re Haworth (2010) COP 20/12/10}}
*{{pagesummary|Re Warren (2010) COP 10/12/10‎}}
*{{pagesummary|Re Weyell (2010) COP 2/12/10‎}}
*{{pagesummary|Re Williams (2010) COP 1/12/10‎}}
==Case transcripts==
*Summary already on website: {{pagesummary|An NHS Foundation Trust v D (2010) EWHC 2535 (COP)}}
*Summary already on website: {{pagesummary|R (SP) v SSJ (2010) EWCA Civ 1590}}
*Court order added: {{pagesummary|Public Interest Lawyers v LSC (2010) EWHC 3277 (Admin)}}
*{{pagesummary|R (Guntrip) v SSJ (2010) EWHC 3188 (Admin)}}
*{{pagesummary|Re AVS; AVS v A NHS Foundation Trust (2011) EWCA Civ 7}}
*{{pagesummary|Re HM; PM v KH (2010) EWHC 3279 (Fam)}}
*{{pagesummary|Re HM; PM v KH (2010) EWHC 2107 (Fam)}}
*{{pagesummary|G v E (2010) EWHC 3385 (Fam)}}
==Legislation==
*{{pagesummary|Health and Social Care Bill 2010-11}}
==Guidance==
*{{pagesummary|Practice Direction (Upper Tribunal: Judicial Review Jurisdiction) (2009) 1 WLR 327}}
*{{pagesummary|Mrs Justice Pauffley, 'Guidance in cases involving protected parties in which the Official Solicitor is being invited to act as guardian ad litem or litigation friend' (December 2010)}}
==Statistics==
*NHS Information Centre, 'Mental Health Bulletin - Fourth report from Mental Health Minimum Dataset (MHMDS) annual returns, 2010' (11/1/11). Two of the key facts are that (1) 'The number of people who spent time in a mental health hospital rose by 5.1 per cent - the first increase in five years'; and (2) 'This rise was due to a 30.1 per cent rise in the number of people being compulsorily detained in hospital under the Mental Health Act, from 32,649 in 2008/9 to 42,479 in 2009/10. Some part of this increase was due to improved recording between 2008/09 and 2009/10, because a small number of trusts failed to provide MHA information in 2008/09. On a like for like basis, excluding the data for trusts that failed to return information in 2008/09, there was an estimated increase of about 17.5 per cent in the number of people being detained under the MHA - from 32,649 to 38,369.' See [[Statistics]]

*NHS Information Centre, 'Quarterly analysis of Mental Capacity Act 2005, Deprivation of Liberty Safeguards Assessments (England) Quarter 2 2010/11', 22/12/10. The summary states that these statistics provide the first official information about authorisations using the legislation. Key facts listed are: (1) the number of authorisations completed was 2,333 in quarter 2; (2) of the total assessments completed in this quarter, a higher proportion were for females than for males; (3) in quarter 2, 76 per cent of assessments were made by local authorities while the rest were made by primary care trusts; (4) the percentage of authorisations granted which led to someone being deprived of their liberty was 54 per cent in quarter 2; (5) at 30 September 2010 1,436 people were subject to such authorisations. See [[Statistics]]

==Legal Services Commission==
*0n 22/12/10 the LSC published revised Key Performance Indicators which are enforceable under the 2010 Civil Contract. The three KPI aims are (1) quality, (2) access, and (3) cost. The following KPIs apply to mental health: KPI 2A: 'Assessment reductions to be no more than 10% (exceptional cases)', KPI 2B: 'Assessment reductions to be no more than 15% (licensed work)', KPI 2D: 'Fixed Fee Margin 20%', KPI 3: 'NMS usage - providers must use either the minimum contract allocation or at least 85% of their current allocation' (whichever is the greater). The following KPIs do not apply to mental health: KPI 1A: 'Substantive Benefit: Legal Help', KPI 1B: 'Substantive Benefit: CLR and Licensed Work', KPI 1C: 'Post-investigation of proceedings', KPI 1D: 'ADR to be proposed/accepted in no less than 10% of a providers civil representation cases where appropriate', KPI 2C: 'Damages vs. Costs: Damages to be 2:1 the level of costs (net of any costs recovered)'. See the CLS news item, the guidance document and the summary chart. See [[Legal Aid News]]

==Other documents==
*Bruce Calderwood, Director of Mental Health and Disability, 'Mental Health Act 1983 - proposed amendments in the Health and Social Care Bill 2011' (Dept of Health Dear Colleague Letter, gateway ref 15451, 19/1/11). This sets out changes resulting from: (1) the proposed abolition of PCTs and SHAs; (2) the proposed transfer of the regulation of social workers in England from the General Social Care Council (GSCC) to the Health Professions Council (which is to be renamed the Health and Care Professions Council); (3) the proposed removal of the SOAD requirement for consenting capacitous community patients. See [[Dept of Health]]

*39 Essex Street, 'Court of Protection Newsletter' (issue 5, January 2011). See [[Court of Protection]]

*Private Eye, 'Mental Health: Catch 22' (Eye 1277, 10-23 December 2010). This article refers to the situation where Article 5 prevented patients from being discharged from hospital to conditions which amounted to a deprivation of liberty (which is no longer the case following [[SSJ v RB (2010) UKUT 454 (AAC)]]). See [[Mental health law in the media]]

*Department of Health, 'Reporting the death of a person subject to an authorisation under the Mental Capacity Act Deprivation of Liberty Safeguards' (Gateway ref 15453, 19/1/11). See [[DOLS]]

*BBC, 'Care workers use glove puppet to bully elderly women', 6/1/11. This article involves a prosecution under MCA 2005 s44. See [[Mental health law in the media]]

*Sally Bradley, 'Court of Protection Update (January 2011)' (Family Law Week, 7/1/11). See [[Court of Protection]]

*On 15/12/10 the Dept of Health published 'Liberating the NHS: Legislative framework and next steps' (Cm 7993, 2010). Para 2.53 states: 'Responsibility for commissioning independent mental health advocacy under the Mental Health Act will also move from PCTs to local authorities, together with the role of the supervisory body in respect of hospitals under the Mental Capacity Act deprivation of liberty safeguards. However, owing to its highly specialised nature, mental health advocacy will not be a part of the NHS complaints advocacy services that local authorities will be able to commission from HealthWatch.' See [[Independent Mental Health Advocate service]]

*On 23/12/10 the SCIE published the following document: David Thompson, 'Good practice guidance for the commissioning and monitoring of Independent Mental Capacity Advocate services', Social Care Institute for Excellence, October 2009 (updated December 2010). This good practice guide contains: (1) issues to consider when reviewing IMCA contracts; (2) a revised example service specification; (3) suggestions for assessing quality; (4) an example engagement protocol; and (5) suggested tender requirements. See [[Independent Mental Capacity Advocate service]]

==Courses and conferences==
*Northumbria University are running a seminar entitled 'Mental Capacity Act and the Court of Protection' on Wednesday 13/4/11 from 9.30am to 4.00pm. The speakers are DJ Gordon Ashton, DJ Anselm Eldergill, David Hewitt and Helen Kingston. Price £150. See [[Courses and conferences]] for brochure.

*Northumbria University are hosting 'The Sixth North East Mental Health Law Conference 2011' on Friday 10/6/11 from 9.00am to 4.30pm. The speakers are Prof Phil Fennell, Kris Gledhill, Judge Edward Jacobs, Mat Kinton, Dr Jorun Rugkasa and Dr Simon Wood. Price £220 (£180 before 21/4/10; £170 for two or more from same company). See [[Courses and conferences]] for brochure.

[[Category:Updates]]