View source for January 2015 update

==Case law==
*'''Legal status of COP declarations.''' {{pagesummary|MASM v MMAM (2015) EWCOP 3, (2015) MHLO 10}}

*'''LGO decision.''' {{pagesummary|Cambridgeshire County Council 13 016 935 (2015) MHLO 9 (LGO)}}

:*'''Lucy Series, 'Call the rozzers!' (The Small Places Blog, 28/1/15).''' See [[Cambridgeshire County Council 13 016 935 (2015) MHLO 9 (LGO)]]

:*'''Local Government Lawyer, 'LGO urges proper recording of capacity assessments under Mental Capacity Act' (28/1/15).''' See [[Cambridgeshire County Council 13 016 935 (2015) MHLO 9 (LGO)]]

*'''Consent to medical treatment.''' {{pagesummary|Border v Lewisham and Greenwich NHS Trust (2015) EWCA Civ 8, (2015) MHLO 8}}

*'''Loss of capacity during retainer.''' {{pagesummary|Blankley v Central Manchester and Manchester Children's University Hospitals NHS Trust (2015) EWCA Civ 18}}

:*'''Loss of capacity during retainer.''' {{pagesummary|Blankley v Central Manchester and Manchester Children's University Hospitals NHS Trust (2014) EWHC 168 (QB)}}

*'''Deprivation of liberty and damages.''' {{pagesummary|Essex County Council v RF (2015) EWCOP 1, (2015) MHLO 2}}

:*'''Richard Mumford, 'What price liberty? Damages, DOLS and a cat named Fluffy' (UK Human Rights Blog, 29/1/15).''' See [[Essex County Council v RF (2015) EWCOP 1, (2015) MHLO 2]]

*'''EPA case.''' {{pagesummary|Re RG: Public Guardian v PB (2015) EWCOP 2, (2015) MHLO 6}}

*'''Unfitness to plead case.''' {{pagesummary|R v Wells (2015) EWCA Crim 2, (2015) MHLO 5}}

*'''Law Society Gazette, 'SDT: Lucia Shingirai Benyu and Ronnie Benyu' (19/1/15).''' See [[Lucia Benyu (strike off) and Ronnie Benyu (section 43 order) (2014) MHLO 138 (SDT)]]

*'''Law firm closed down.''' {{pagesummary|Jimoh Adun of Nieko Solicitors (SRA decision: closure) (2015) MHLO 4 (SRA)}}

*'''Best interests case.''' {{pagesummary|LB Hillingdon v PS (2015) MHLO 3 (COP)}}

*'''Best interests case.''' {{pagesummary|The Mental Health Trust v DD (2014) EWCOP 44, (2014) MHLO 141}}

*'''Immigration case.''' {{pagesummary|R (AMG) v SSHD (2015) EWHC 5 (Admin), (2015) MHLO 1}}

==Legislation==
*'''Proposed legislation.''' {{pagesummary|Mental Health Act 1983 (Amendment) Bill 2014-15}}

:*'''Michael Brown, 'Ten Minute Rule Motion' (Mental Health Cop Blog, 16/10/14).''' See [[Mental Health Act 1983 (Amendment) Bill 2014-15]]

==Law Society==
*'''Updated Law Society practice note.''' {{pagesummary|Law Society practice note on representation before Mental Health Tribunals}}

==Legal Aid Agency==
*'''Legal Aid Agency, 'Requests for Supplementary Matter Starts: Guidance to Contract Managers' (22/1/15).''' See [[Legal Aid#Guidance documents]]

==Care Quality Commission==
*'''Care Quality Commission, 'Monitoring the use of the Mental Capacity Act Deprivation of Liberty Safeguards in 2013/14' (26/1/15).''' See [[Care Quality Commission#CQC - DOLS]]

:*'''Alex Ruck Keene, 'CQC DOLS report for 2013-4 published' (Mental Capacity Law and Policy, 26/1/15).''' See [[Care Quality Commission#CQC - DOLS]]

==Department of Health==
*'''Department of Health, 'Mental Health Act 1983: Code of Practice' (15/1/15).''' See [[Mental Health Act 1983 Code Of Practice for England]]

*'''Department of Health, 'News story: New Mental Health Act code of practice' (15/1/15).''' Main text from news story: "The code shows professionals how to carry out their roles and responsibilities under the Mental Health Act 1983, to ensure that all patients receive high quality and safe care. There have been significant changes in legislation, case law, policy and professional practice since the last code was published in 2008. The revised code aims to provide stronger protection for patients and clarify roles, rights and responsibilities. This includes: (a) involving the patient and, where appropriate, their families and carers in discussions about the patient’s care at every stage; (b) providing personalised care; (c) minimising the use of inappropriate blanket restrictions, restrictive interventions and the use of police cells as places of safety. The main changes to the code include: (a) 5 new guiding principles; (b) new chapters on care planning, human rights, equality and health inequalities; (c) consideration of when to use the Mental Health Act and when to use the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards and information to support victims; (d) new sections on physical health care, blanket restrictions, duties to support patients with dementia and immigration detainees; (e) significantly updated chapters on the appropriate use of restrictive interventions, particularly seclusion and long-term segregation, police powers and places of safety; (f) further guidance on how to support children and young people, those with a learning disability or autism. The new code will come into force on 1 April 2015, subject to Parliamentary approval." See [[Mental Health Act 1983 Code Of Practice for England]]

*'''Department of Health, 'Stronger Code: Better Care: Government response to the Consultation on the Mental Health Act 1983: Code of Practice' (16/1/15).''' See [[Consultations#Department of Health]]

*'''Department of Health, 'Equality for all: Mental Health Act 1983: Code of Practice 2015: Equality Analysis' (16/1/15).''' See [[Consultations#Department of Health]]

==DOLS forms==
*'''ADASS, 'New DOLS forms' (January 2015).''' The new forms emailed by the DoLS Forms Project Group on 11/1/15 (without restricted editing and with an amended eligibility section in Form 4) are now available. See [[Deprivation of Liberty Safeguards Standard Forms]]

==Other material==
*'''National Offender Management Service, 'Mental Health Treatment Requirement: Guidance on Supporting Integrated Delivery' (30/12/14).''' Introduction and detail from Government website: "This (non-statutory) guidance seeks to provide support to service commissioning and provider agencies so that appropriate mental health service provision and inter-agency partnerships enable Mental Health Treatment Requirements (MHTR) delivery locally. The guidance reflects the changes to responsibility for probation services in England and Wales from 2014 resulting from the Government’s Transforming Rehabilitation reforms and the Offender Rehabilitation Act 2014. Information on who to contact for further information is also included." See [[Miscellaneous external links]]

*'''Houses of Parliament Parliamentary Office of Science and Technology, 'Parity of Esteem for Mental Health' (Postnote no.485, 7/1/15).''' Description from Parliament website: "Achieving parity of esteem between mental and physical health in care standards and public attitudes has been attempted for decades. This note outlines the history of these efforts, the various ways in which parity is defined and measured, the challenges of achieving this ideal and the strategies that may be employed to that end." See [[Miscellaneous external links]]

*'''Jon Holbrook, 'A distorted view' (New Law Journal, 7/5/14).''' See [[Cheshire West and Chester Council v P (2014) UKSC 19]]

*'''Jon Holbrook, 'The big question' (New Law Journal, 19/12/14).''' Subtitle: "Jon Holbrook reflects on why John Stuart Mill is a better guide to 'liberty' than judicial precedent." See [[Rochdale MBC v KW (2014) EWCOP 45, (2014) MHLO 123]]

==Events==
*'''Refresher and re-accreditation course.''' The Mental Health Lawyers Association are running a Refresher and Re-accreditation course on Monday '''30/3/15''' in London. This new course will be suitable for (a) those seeking to fulfil the requirement to obtain six mental health CPD points during each year of accreditation membership; (b) those seeking re-accreditation, by reviewing the legal and procedural developments of the last three years, and providing a forum for discussing these along with the re-accreditation process; and (c) anyone wishing to further their knowledge of mental health law and practice. See [http://www.mhla.co.uk/events/refresher-and-re-accreditation-course-london-30-mar/ MHLA website] for further information and booking details. See [[Events]]

*'''Cross-examination course.''' The Mental Health Lawyers Association are running a course entitled "Cross-examination of medical witnesses" on Friday '''20/3/15''' in Leicester. This course covers: understanding mental disorder, nature and degree; psychiatric medications; consent to treatment provisions; understanding and addressing the ‘risks’ and challenging this evidence; instructing independent psychiatrists appropriately and using their evidence at tribunal. See the [http://www.mhla.co.uk/events/cross-examination-of-medical-witnesses-leicester-20-mar-2015/ MHLA website] for further information and booking details. See [[Events]]

*'''Panel course.''' The Mental Health Lawyers Association will be running their two-day course for membership of the Law Society's Mental Health Accreditation Scheme (formerly the MHRT panel) on Monday '''2/3/15''' and Tuesday '''3/3/15''' in London and on Thursday '''5/3/15''' and Friday '''6/3/15''' in Leeds. New mental health lawyers are strongly encouraged also to attend the foundation course. Price: £300 (members); £390 (non-members); 10% discount for groups of three or more members. CPD: 12 SRA-accredited hours. See the MHLA website for further information and booking details in relation to both the [http://www.mhla.co.uk/events/panel-course-london-2-3-mar-2015/ London] and [http://www.mhla.co.uk/events/panel-course-leeds-5-6-mar-2015/ Leeds] courses. See [[Events]]

*'''Foundation course.''' The Mental Health Lawyers Association are running a mental health law foundation course on Wednesday '''25/2/15''' in London and on Thursday '''26/2/15''' 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 SRA-accredited hours. See MHLA website for further information and booking details in relation to both the [http://www.mhla.co.uk/events/foundation-course-london-25-feb-2015/ London] and [http://www.mhla.co.uk/events/foundation-course-manchester-26-feb-2015/ Manchester] courses. See [[Events]]

*'''Events.''' The Mental Health Lawyers Association have announced their 2015 training programme: Foundation course (London 25 Feb, Manchester 26 Feb, London 18 May, Manchester 19 May, London 24 Aug, Manchester 25 Aug); Panel course (London 2-3 Mar, Leeds 5-6 Mar, London 1-2 Jun, Leeds 4-5 Jun, London 7-8 Sep, Leeds 10-11 Sep); Cross-examination of medical witnesses (Leicester, 20 Mar); Refresher and re-accreditation course (London 30 Mar, Manchester 9 Jul, London 16 Oct); Tribunal advocacy and Case law for tribunal preparation (Manchester 1 Apr, London 10 Apr); Introduction to the Court of Protection (London 7-8 May, Manchester 8-9 Oct); Legal Aid and Peer Review (London 3 Jul, Manchester 10 Jul). See MHLA website for [http://www.mhla.co.uk/training/description-of-all-courses/ description of all courses] and [http://www.mhla.co.uk/training/all-scheduled-courses/ online booking information]. See [[Events]]

==Website and CPD==
*'''Cases.''' On 31/1/15 Mental Health Law Online contained [[Mental health case law|1632 categorised cases]]

*'''CPD scheme.''' Obtain 12 accredited CPD points online for £60. See [[CPD scheme]]

*'''Chronology.''' See [[January 2015 chronology]] for this month's changes to the website in date order.

==Twitter==
{{monthly|twitter|2015|1}}

[[Category:Updates]]