View source for June 2011 update

==Cases==
*{{pagesummary|R (Cart) v Upper Tribunal (2011) UKSC 28}}

*{{pagesummary|Cheshire West and Chester Council v P (2011) EWHC 1330 (COP)}}

*{{pagesummary|Re Steven Neary; LB Hillingdon v Steven Neary (2011) EWHC 1377 (COP)}}

*{{pagesummary|Wychavon District Council v EM (HB) (2011) UKUT 144 (AAC)}}

*{{pagesummary|R (KM) v Cambridgeshire CC (2011) EWCA Civ 682}}

*{{pagesummary|R v Goucher (2011) EWCA Crim 1456}}

==Cases - transcript only==
*{{pagesummary|SMBC v WMP (2011) EWHC B13 (COP)}}

*{{pagesummary|Re C; C v Wigan Borough Council (2011) EWHC 1539 (Admin)}}

*{{pagesummary|Hackett v CPS (2011) EWHC 1170 (Admin)}}

==Legislation==
*{{pagesummary|Legal Aid, Sentencing and Punishment of Offenders Bill 2011}}

*A Bill is currently being drafted to reduce the burden on the SOAD service by altering the certificate requirement for CTO patients: where the RC certifies that the patient has capacity there would be no need for a SOAD second opinion. See [[MHA 1983 s64C]]

==Legal Aid==
*Ministry of Justice, 'Reform of Legal Aid in England and Wales: the Government Response' (Cm 8072, June 2011). Some points particularly relevant to mental health law are: (1) There will be a 10% cut in all civil fees, including mental health law (para 34). (2) Advice and representation under the MHA 1983 or MCA 2005 will remain in scope (para 86). However claims involving tort or other general damages claims will be excluded except where these meet the criteria for 'claims against public authorities' or 'claims arising out of allegations of the abuse of a child or vulnerable adult, or allegations of sexual assault' (para 87). The 'claims against public authorities' criteria allow legal advice and representation for claims (typically claims for damages) against public authorities concerning 'abuse of position or power' or 'significant breach of human rights' (no longer for 'serious wrong-doing') (para 10ff). (3) Legal aid will remain available for judicial review and habeas corpus (subject to immaterial exceptions) (para 88ff). See [[Consultations#Ministry of Justice]]

*CLS News, 'Legal aid reform: consultation response and Bill published' (21/6/11). This news item contains links to the consultation response and Bill, and notes that the Bill, in addition to reducing scope, eligibility and fees, will close the LSC and replace it with an executive agency of the MOJ. See [[Legal Aid News]]

*LSC, 'Summary of changes to be implemented on 3 Oct 2011' (21/6/11). The 10% reduction, and other fee changes, will be implemented on 3/10/11. See [[Legal Aid News]]

*Between May 2010 and May 2011, the LSC spent £7,196,813 on redundancies: a total of 94 people have so far been made redundant. The figures do not include those who left through other means, such as early retirement, the end of a secondment from another organisation, mutual terminations or compromise agreements. See [[Legal Aid News]]

==Other==
*The Tribunal Procedure Committee is consulting on changes to the rules so that the Tribunal may (1) make a decision on a reference under s68 (duty of managers to refer cases to tribunal) without a hearing if the patient is a community patient and has consented to this; and (2) strike out a party's case without a hearing. The purpose is to save money. The rationale given for the first proposal is that community patients are often content with their position and do not want to attend the hearing or medical examination; that if the patient does not attend then full reports often mean there is little point having a hearing; and that hearings place an unnecessary burden on community patients, who are likely to be quite capable of making the necessary decisions and are entitled to IMHAs and Legal Aid. It is anticipated that all community patients would be posted a form inviting them to consent to their case being decided without a hearing. In relation to the second proposal, it is intended that the power would be used when it is obvious that the tribunal lacks jurisdiction. Consultation runs from 1/6/11 to 23/8/11. See [[Consultations#Mental Health Tribunal]]

*The Scottish Government consulted on plans to increase the availability of rule 58 which allows the Tribunal, if all parties agree in writing, to dispose of a case without an oral hearing. All consultation responses were published on 15/6/11. See [[Consultations#Scotland]]

*NHS Information Centre, 'Quarterly analysis of Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) Assessments (England)' (22/6/11). The 'key facts' listed are: (1) The number of authorisations completed was 2,308 in quarter 4; (2) Of the total assessments completed in this quarter, a higher proportion were for females than for males; (3) In quarter 4, 74 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 58 per cent in quarter 4; (5) At 31 March 2011 1,512 people were subject to such authorisations. See [[Statistics]]

==Website/CPD==
*CPD questionnaires for April and May 2011 have been uploaded. Obtain CPD points online: see [http://www.mentalhealthlaw.co.uk/cpd/ CPD scheme]

*Book uploaded. {{pagesummary|Eldergill}}

*On 30/6/11, Mental Health Law Online contained [[Mental health case law|1001 categorised cases]]

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

==Twitter==
{{monthly|twitter|2011|6}}

[[Category:Updates]]