View source for July 2014 update

==Cases==
*'''Legal Aid case.''' {{pagesummary|R (Public Law Project) v SSJ (2014) EWHC 2365 (Admin), (2014) MHLO 46}}

*'''Criminal appeal.''' {{pagesummary|R (M) v Kingston Crown Court (2014) EWHC 2702 (Admin), (2014) MHLO 50}}

*'''Transfer procedure.''' {{pagesummary|R (L) v West London MH NHS Trust (2014) EWCA Civ 47, (2014) MHLO 49}}

*'''Sentencing case.''' {{pagesummary|AG's ref (no 34 of 2014) sub nom R v Jenkin (2014) EWCA Crim 1394, (2014) MHLO 56}}

*'''EPA case.''' {{pagesummary|Re AB (Revocation of Enduring Power of Attorney) (2014) EWCOP 12, (2014) MHLO 55}}

*'''Medical case.''' {{pagesummary|X County Council v M (2014) EWHC 2262 (Fam), (2014) MHLO 54}}

*'''Welfare case.''' {{pagesummary|LB Redbridge v G (No 5) (2014) EWCOP 17, (2014) MHLO 53}}

*'''Repatriation case.''' {{pagesummary|R (MD) v SSHD (2014) EWHC 2249 (Admin), (2014) MHLO 52}}

*'''Medical case.''' {{pagesummary|United Lincolnshire Hospitals NHS Trust v N (2014) EWCOP 16, (2014) MHLO 51}}

:*'''Alex Ruck Keene, 'A melancholy but profound milestone' (Mental Capacity Law and Policy, 24/7/14).''' This article describes the court's best interests decision on artificial nutrition and hydration as momentous because of its approach to a patient in a minimally-conscious state. See [[United Lincolnshire Hospitals NHS Trust v N (2014) EWCOP 16, (2014) MHLO 51]]

*'''Northern Irish case.''' {{pagesummary|MH v MHRT for NI (2014) NIQB 87, (2014) MHLO 48}}

*'''Tribunal decision.''' {{pagesummary|Re Jared Britton (2013) MHLO 146 (FTT)}}

*'''Immigration case.''' {{pagesummary|R (O) v SSHD (2014) EWCA Civ 990, (2014) MHLO 47}}

*'''Anonymity case.''' {{pagesummary|Re X (anonymity) (2014) MHLO 90 (CA)}}

:*'''Guardian, 'Murderer not entitled to remain anonymous while seeking rehabilitation' (Press Association, 16/7/14).''' See [[Re X (anonymity) (2014) MHLO 90 (CA)]]

==Legislation==
*'''Secondary legislation.''' {{pagesummary|National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012}}

*'''Secondary legislation.''' {{pagesummary|Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013}}

:*'''Law Society, 'Consumer Contracts Regulations 2013' (Practice Note, 15/5/14).''' See [[Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013]]

==Legal Aid Agency==
*'''Legal Aid forms.''' New versions have been published for: CIVAPP1, 3, 5, 6, 8 & 8A; ADMIN1; MEANS1, 2 (+ guides), MEANS3; CIVCLAIM1, 1A, 5 & 5A; CW1&2, 3, 4, & CWC(MH); ECLAIM1(CIV), (MH) & (IMM). From 4/8/14 only these forms can be signed. Old forms signed before then should be submitted before 31/8/13 to avoid rejection. See [[Legal Aid forms]]

*'''Legal Aid Agency, 'Update on civil legal aid residence test' (17/7/14).''' The Ministry of Justice will appeal the High Court decision on the residence test, which will not be introduced as planned on 4/8/14. See [[R (Public Law Project) v SSJ (2014) EWHC 2365 (Admin), (2014) MHLO 46]]

*'''Legal Aid Agency, 'Community care and mental health contract documents' (17/7/14)'''. From 21/7/14 the LAA will (1) issue contract documentation to those who have completed verification and (2) notify those who have not completed verification what information is outstanding and when it is required. See [[Legal Aid#2014 Contract]]

*'''Legal Aid Agency, 'Keycard 50' (April 2014).''' This document is helpful if working out financial eligibility for civil Legal Aid. In force 7/4/14. See [[Legal Aid#External links]]

*'''Legal Aid Agency, 'Where to send civil work from 17/2/14' (February 2014).''' Link to this document added. See [[Legal Aid forms]]

==Mental Health Tribunal==
*'''Tribunal Practice Statement.''' {{pagesummary|Practice Statement: Delegation of Functions to Staff and to Registrars on or after 10 June 2014 (10/6/14)}}

*'''Practice Guidance.''' {{pagesummary|Practice Guidance: Mental Health jurisdiction: Postponements and adjournments following recent changes in listing practice (published 18/7/14)}}

*'''Tribunal direction.''' {{pagesummary|Direction applicable to all Applications and References in Mental Health Cases received by the Tribunal on or before 4 April 2014 but not finally disposed of by the Tribunal on or before date (6/4/14)}}

*'''Victim policy.''' Link to amended version of MHT victim policy (without missing text in paragraph 21) added. See [[Practice Guidance on Procedures Concerning Handling Representations from Victims in the First-tier Tribunal (Mental Health) (1/7/11)]]

==Law Commission==
*'''Law Commission, 'Unfitness to plead: An issues paper' (2/5/14).''' Consultation runs from 2/5/14 to 25/7/14. Extract: ""We are now reviewing our provisional proposals in light of the consultation responses, and taking into account the changes to the criminal justice system since we produced the consultation paper in October 2010. ... These further questions address issues such as: (1) How should special measures to enhance the defendant’s ability to participate in trial be fairly incorporated into the test for unfitness? (2) Should the procedure in the magistrates’ and youth courts mirror that in the Crown Court? (3) What should the process be for dealing with a defendant when he or she has been found unfit to plead? (4) At a hearing to deal with a defendant found unfit, what issues should be considered by the court? (5) What options should the court have in dealing with unfit defendants?"" See [[Consultations#Law Commission]] 

==Department of Health==
*'''Department of Health, 'Stronger Code: Better Care: Consultation on proposed changes to the Code of Practice: Mental Health Act 1983' (7/7/14).''' Extract from press release: "Our consultation ‘Stronger Code: Better Care’ is asking for your thoughts on a new draft Code which includes: (1) five new guiding principles; (2) significantly updated chapter on how to support children and young people, on the use of restraint and seclusion and the use of police powers and places of safety; (3) new chapters on care planning, equality and human rights, links to the Mental Capacity Act and Deprivation of Liberty Safeguards, and support for victims." Related documents: (1) Department of Health, 'Mental Health Act Code of Practice consultation launched' (press release, 7/7/14); (2) Department of Health, 'Mental Health Act 1983: Draft Code of Practice for consultation' (7/7/14). See [[Consultations#Department of Health]]

==Ministry of Justice==
*'''Ministry of Justice, 'MAPPA guidance' (version 4, 2012).''' Link to this guidance added. See [[MAPPA]]

==Articles, books, etc==
*'''New journal.''' {{pagesummary|International Journal of Mental Health and Capacity Law}}

*'''New book.''' {{bookold|cophandbook}}. Also available in [http://www.amazon.co.uk/dp/B00LUSVCNK/ref=nosim?tag=mentalhealthlaw-21 Kindle format]. An accompanying website has been launched: [http://courtofprotectionhandbook.com/ Court of Protection Handbook]. See [[Books]]

*'''Nazreen Pearce and Sue Jackson, 'Supplement to Urgent Applications in the Court of Protection' (29/7/14).''' This free supplement to the Deprivation of Liberty chapter of 'Urgent Applications in the Court of Protection' analyses the Supreme Court judgment in Cheshire West. The book is available here: {{bookold|urgent}}. See [[DOLS#Academic articles and book chapters]]

*'''Lucy Series ,'A glut of resources on Article 12 CRPD' (The Small Places, 2/6/14).''' See [[Convention on the Rights of Persons with Disabilities]]

*'''Healthwatch, 'People's inquiry to uncover pitfalls of discharge from hospitals and care homes' (press release, 7/5/14).''' Extract: "Healthwatch England is today launching our first ever special inquiry to find out why things so often go wrong when people are discharged from health and social care institutions. In contrast to standard public inquiries, this investigation will be led by people with direct experience of unsafe discharge and will reach out to communities right across the country through site visits, focus groups, public hearings, and the mobilisation of the 148 local Healthwatch, to hear real life experiences of the discharge process and learn what can be done to improve outcomes." Website pages include "Tell us your story about leaving hospital or care" and "Get your organisation involved". See [[Miscellaneous external links]]

==Newsletters==
*'''39 Essex Street, 'Mental Capacity Law Newsletter' (issue 48, July 2014).''' See [[39 Essex Street Mental Capacity Law Newsletter]]

*'''39 Essex Street, 'Mental Capacity Law Newsletter' (issue 47, June 2014).''' Also: (1) Lucy Series et al, 'Mental Capacity Law Mental Discussion Paper: The Mental Capacity Act 2005, the Adults with Incapacity (Scotland) Act 2000 and the Convention on the Rights of Persons with Disabilities: The Basics' (June 2014); (2) Sally Jones, 'Challenges for the Office of the Public Guardian' (June 2014). See [[39 Essex Street Mental Capacity Law Newsletter]]

*'''39 Essex Street, 'Mental Capacity Law Newsletter' (issue 46, May 2014).''' See [[39 Essex Street Mental Capacity Law Newsletter]]

*'''39 Essex Street, 'Mental Capacity Law Newsletter' (issue 45, April 2014).''' Also: (1) Alex Ruck Keene and Catherine Dobson, 'Deprivation of liberty in the hospital setting' (39 Essex Street, 10/4/14); (2) Adrian Ward, 'Scottish Adult Incapacity Law: Part 2' (April 2014); (3) Alex Ruck Keene et al, 'Mental Capacity Law Guidance Note: A brief guide to carrying out capacity assessments' (31/3/14); (4) Simon Edwards, 'Testamentary Capacity and the Mental Capacity Act' (March 2014); (5) Alex Ruck Keene et al, 'Deprivation of Liberty after Cheshire West: key questions for social workers and medical practitioners' (April 2014). See [[39 Essex Street Mental Capacity Law Newsletter]]

==Events==
*'''MHLA panel courses.''' The Mental Health Lawyers Association will be running their successful two-day course for membership of the Law Society's Mental Health Accreditation Scheme (formerly the MHRT panel) in '''Leeds''' on Monday '''13/8/14''' and Tuesday '''14/8/14'''. The course will also be held in '''London''' on Tuesday '''26/8/17''' and Wednesday '''27/8/14'''. Price: £300 (members); £390 (non-members); £250 (for third and subsequent members in a group). CPD: 12 SRA-accredited hours. See [http://www.mhla.co.uk/meetings-and-courses/accreditation-scheme-courses-in-2014/ MHLA website] for further details. See [[Events]]

==Website==
*'''Cases.''' On 31/7/14 Mental Health Law Online contained [[Mental health case law|1528 categorised cases]]

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

*'''Chronology.''' See [[July 2014 chronology]] for this month's changes to the website in date order.

==Twitter==
{{monthly|twitter|2014|7}}

[[Category:Updates]]