View source for July 2010 update

==Case law==
===Mental health===
*{{pagesummary|R (Davison) v SSJ (2010) All ER (D) 258 (Jul)}}
*{{pagesummary|R (Cart) v Upper Tribunal (2010) EWCA Civ 859}}
*{{pagesummary|R (ZN) v South West London and St George's Mental Health NHS Trust (2010) CO/9457/2009}}
*{{pagesummary|Stojanovski v Former Yugoslav Republic of Macedonia 1431/03 (2009) ECHR 1615}}
===Mental capacity===
*{{pagesummary|Re HM; PM v KH (2010) EWHC 1579 (Fam)}}
*{{pagesummary|Re HM; PM v KH (2010) EWHC 870 (Fam)}}
*{{pagesummary|Re HM; PM v KH (2008) EWHC 2824 (Fam)}}
*{{pagesummary|G v E (2010) EWCA Civ 822}}
*{{pagesummary|G v E (2010) EWCA Civ 548}}
*{{pagesummary|Re P (2010) EWHC 1592 (Fam)}}
*{{pagesummary|Re A (Adult) and Re C (Child); A Local Authority v A (2010) EWHC 978 (Fam)}}
*{{pagesummary|RT v LT (2010) EWHC 1910 (Fam)}}
*{{pagesummary|SH v NB (Marriage: Consent) (2009) EWHC 3274 (Fam)}}
*{{pagesummary|HBCC v LG (2010) EWHC 1527 (Fam)}}
*{{pagesummary|Gorjat v Gorjat (2010) EWHC 1537 (Ch)}}
*{{pagesummary|A Local Authority v Mrs A and Mr A (2010) EWHC 1549 (Fam)}}
===EPA/LPA cases===
*{{pagesummary|Re Davies (2010) COP 5/7/10}}
*{{pagesummary|Re P Crook (2010) COP 2/7/10}}
*{{pagesummary|Re D'Argenio (2010) COP 9/6/10}}
*{{pagesummary|Re Pattison (2010) COP 11/5/10}}
===Other cases===
*{{pagesummary|R v MB (2010) EWCA Crim 1684}}
*{{pagesummary|R (Bary) v SSJ (2010) EWHC 587 (Admin)}}
*{{pagesummary|R (OM (Algeria)) v SSHD (2010) EWHC 65 (Admin)}}
*{{pagesummary|R v Orchard (2010) EWCA Crim 1538}}
*{{pagesummary|R v Hutchinson (2010) EWCA Crim 1364}}
*{{pagesummary|R v Patsalosavvis (2010) EWCA Crim 1383}}
*{{pagesummary|Rabone v Pennine Care NHS Trust (2010) EWCA Civ 698}}
*{{pagesummary|Hossack v Legal Services Commission (2010) EWHC 1457 (Admin)}}
*{{pagesummary|R (Noone) v HMP Drake Hall (2010) UKSC 30}}
*{{pagesummary|R (Smith) v Secretary of State for Defence (2010) UKSC 29}}
===Transcript added (cases summarised last month)===
*{{pagesummary|R (RB) v First-tier Tribunal (Review) (2010) UKUT 160 (AAC)}}
*{{pagesummary|CV v South London and Maudsley NHS Foundation Trust (2010) EWHC 742 (Admin)}}
==Legal Aid==
*On 8/7/10 the LSC published the 2010 category definitions and related guidance. The MH category definition will be as follows: (1) Legal Help where the primary problem or issue relates to a point of English law concerning mental health, the Mental Health Act 1983 or the Mental Capacity Act 2005, including matters concerning education issues but only where based on mental impairment. (2) All proceedings before a Mental Health Tribunal (including those arising from criminal proceedings and any related proceedings before the Upper Tribunal, High Court, Court of Appeal or Supreme Court), all other proceedings under the Mental Health Act 1983 or Mental Capacity Act 2005 and any other proceedings where the primary issue is mental health, but excluding any matters falling within the Clinical Negligence or Personal Injury Categories. See [[Legal Aid]]

*As predicted, a significant number of firms bid for the maximum possible number of matter starts in the expectation that everybody else would do likewise. As there were many more matter starts bid for than were available, everybody got a pro rata reduction. This left many firms who did not overbid with too few matter starts to be economically viable. The following statements have been issued: "MHLA: New contracting regime costs more money - yet threatens representation of the mentally unwell" (13/7/10) and "Law Society: Mental health tender – Law Society concerns" (15/7/10). See [[Legal Aid]]

==Tribunal==
*On 26/7/10 the Secretary of State has agreed to the proposal of salaried Mental Health Judges with suitable experience being selected to chair Restricted Patients Panel cases. See [[Mental Health Tribunal]]

*Tribunal guidance added. {{pagesummary|Guidance: References made under section 68(7) Mental Health Act 1983 (updated 22/9/10)}}
*"Tribunals Service: Business Plan for 2010-11" was published in March 2010. The MHT's "Primary Performance Indicators" are as follows: the percentage of Section 2 cases listed for first hearing within 7 days of receipt (statutory target) 100%; the percentage of non-restricted cases disposed of within 9 weeks of receipt 75%; the percentage of Restricted Patient cases disposed of within 17 weeks of receipt 75%. See [[MHT]]

==MCA and DOLS==
*On 20/7/10 the NHS Information Centre published "Mental Capacity Act 2005, Deprivation of Liberty Safeguards Assessments (England) - First report on annual data, 2009/10". See [[Statistics]]

*On 13/7/10 the Dept of Health published a Dear Colleague letter entitled "The NHS and people lacking mental capacity". This letter was sent as a result of the under-use of DOL Safeguards and IMCA services in places. See [[DOLS]]

*The Mental Health Alliance published "Deprivation of Liberty Safeguards: an initial review of implementation" on 13/7/10. This report is critical of the implementation of the DOL Safeguards. See [[DOLS#External links]]

*Link added to the latest edition of MCA Update (Issue 2/2010, July 2010). Articles include: Amendments to Secondary Legislation; Registration times at OPG; Court of Protection Annual Report; Court of Protection Rules Review; IMCA Conference; DOLS Data Report; House of Lords Debate on MCA 2005. See [[OPG]]

*On 24/6/10 the NHS Information Centre published "Quarterly analysis of Mental Capacity Act 2005, Deprivation of Liberty Safeguards Assessments (England) Quarters 1 to 4 2009/10". See [[Statistics]]

*"Guidance on the completion of the Deprivation of Liberty Safeguards data collation sheet" updated on 22/6/10 (version 1.5). See [[DOLS]]

==NI==
*"Personality disorder: A diagnosis for inclusion: The Northern Ireland personality disorder strategy - June 2010" published in June 2010. See [[Northern Ireland]]

*12/07/10: NI's Department of Health, Social Services and Public Safety are consulting on "Delivering Excellence: Achieving Recovery: A Professional Framework for the Mental Health Nursing Profession in Northern Ireland (2010-2015)" until 10/9/10. See [[Consultations#Northern Ireland]]

==Other==
*On 27/07/10 the CQC published "Focused on better care: Annual Report 2009/10". See [[CQC]]

*On 26/7/10 the DH published "Liberating the NHS: Report of the arms-length bodies review". The proposal for the CQC is: "Retain as quality inspectorate across health and social care, operating a joint licensing regime with Monitor. Host organisation for Healthwatch England. Current responsibility of assessing NHS commissioning moves to the NHS Commissioning Board. May receive functions from other organisations, e.g. HTA and HFEA". See [[CQC]]

*On 20/7/10 the MoJ published "Court experiences of adults with mental health conditions or learning disabilities". Their summary states: "In-depth interviews were conducted with people with mental health conditions, learning disabilities and limited mental capacity, who had been victims or witnesses in criminal proceedings, or parties in civil or family law cases. Carers, court staff and other key stakeholders also took part." See [[Ministry of Justice]]

*On 19/7/10 Tony Nicklinson, who suffers from locked-in syndrome and may want his wife to to kill him, sought leave to JR the DPP asking for guidance on whether it is always in the public interest to prosecute in cases of consensual killing and if it is not, the public interest factors applicable. See [[Assisted suicide]], a related topic.

*On 14/7/10 the Law Society published their response to the Law Commission review of adult social care. The Law Society are supportive of the proposed reforms and urge the government to implement the recommendations as matter of priority. See [[Consultations]]

*The National Confidential Inquiry into Suicide and Homicide by People with Mental Illness (NCI/NCISH) published their Annual Report for England and Wales on 7/7/10. The key findings come under the following headings: Fall in homicide by mentally ill people; Previous rise in homicides may have been caused by drug misuse; Suicide by mental health patients is falling; Homicide by in-patients; Sudden unexplained death (SUD) of in-patients. See [[Statistics]]

*Link to article added. Guardian: Philosophers are helping doctors with dilemmas over life-and-death decisions - dated 29/6/10. See [[Mental health law in the media]]

*Audit Commission published "Maximising resources in adult mental health" in June 2010. See [[Statistics]]

==Website==
*See [[July 2010 chronology]] for this month's changes to the website in date order.

*On 31/7/10, the website had '''790''' [[Mental health case law|categorised cases]]

[[Category:Updates]]