View source for March 2012 chronology

See [[March 2012 update]] for a summary of these changes.

*30/03/12 (1): The March 2012 CPD questionnaire is now online. Obtain 12 accredited CPD points for £60. See [http://www.mentalhealthlaw.co.uk/cpd/ CPD scheme]

*28/03/12 (6): CQC, 'The operation of the Deprivation of Liberty Safeguards in England, 2010/11' (March 2012). Key findings: '(1) 8,982 applications to deprive a person of their liberty were processed, of which 50 per cent were authorised. (2) Many services have developed good practice on the use of the safeguards, especially in involving people and their families in the decision-making process, but some were confused as to when restraints or restrictions on a person amounted to a deprivation of liberty. (3) Between a third and a quarter of care homes had not provided their staff with training on the safeguards, and in some cases only the manager had received training. (4) Most hospitals had held some training, but the proportion of staff involved ranged between 20-100 per cent.' See also: CQC, 'Summary: The operation of the Deprivation of Liberty Safeguards in England, 2010/11' (March 2012); Lucy Series, 'CQC's second monitoring report on the deprivation of liberty safeguards' (Small Places blog, 27/3/12). See [[CQC]]

*28/03/12 (5): LSC, 'Accreditation contribution scheme update' (28/3/12). From 2/4/12 the LSC will reduce the amount it contributes to the costs of mental health panel membership by 50% to £73.44; from 1/4/13 there will be no contribution at all. In recent weeks the Law Society's accreditation fees doubled to £500 plus VAT. See [[Legal Aid News]]

*28/03/12 (4): Case transcript. {{pagesummary|A London Borough v VT (2011) EWHC 3806 (COP)}}

*28/03/12 (3): Case transcript. {{pagesummary|Re EB; IB v RC (2011) EWHC 3805 (COP)}}

*28/03/12 (2): Neutral citation available. {{pagesummary|Re JDS; KGS v JDS (2012) EWHC 302 (COP), (2012) MHLO 4}}

*28/03/12 (1): Case summary. {{pagesummary|DL v A Local Authority (2012) EWCA Civ 253, (2012) MHLO 32}}

*24/03/12 (5): Case summary. {{pagesummary|X v MHRT for NI (2012) NIQB 1}}

*24/03/12 (4): Sarah Cassidy, 'Foster parents told to stay away from "autistic" man' (Independent, 11/2/12). See [[Settled cases and forthcoming judgments]] (Re GR)

*24/03/12 (3): Case summary. {{pagesummary|Reynolds v UK 2694/08 (2012) ECHR 437, (2012) MHLO 30}}

*24/03/12 (2): Case transcript. {{pagesummary|DD v Lithuania 13469/06 (2012) ECHR 254, (2012) MHLO 29}}

*24/03/12 (1): Case summary. {{pagesummary|Seaton v Seddon (2012) EWHC 735 (Ch), (2012) MHLO 28}}

*23/03/12 (3): Anna Raccoon, 'Rotten Borough? - the Vicious Borough of Hillingdon' (20/3/12). Mark Neary's application for occasional respite care in the form of a carer staying overnight was rejected: respite care is only available at the Positive Behaviour Unit (at which his son was unlawfully deprived of his liberty for a year). See [[Re Steven Neary; LB Hillingdon v Steven Neary (2011) EWHC 1377 (COP)]]

*23/03/12 (2): Owen Bowcott, 'Autistic teenager wins damages from police after being restrained' (Guardian, 14/3/12). See [[ZH v Commissioner of Police for the Metropolis (2012) EWHC 604 (QB), (2012) MHLO 25]]

*23/03/12 (1): Case summary. {{pagesummary|ZH v Commissioner of Police for the Metropolis (2012) EWHC 604 (QB), (2012) MHLO 25}}

*22/03/12 (4): Senior President of Tribunals, 'Senior President of Tribunals' Annual Report' (February 2012). This report contains the following in relation to the mental health jurisdiction: (1) A periodic digest of common errors, arising in 'review' decisions (First-tier appeals on points of law), is issued so that members can 'learn from the experience of colleagues who are faced with difficult legal questions': this digest is available to legal, medical and lay members, but surprisingly not to patients, their representatives or the public. (2) There was a 3% increase in receipt of cases from 2009-10 to 2010-11, mostly due to CTOs, changes in status, and increased use of s2. (3) The 'continuing improvement' and 'excellent progress' by the secretariat, and the duty judge scheme, has led to improved case management and reduced the adjournment rate within two years from 20% to 7%. (4) The AH case on publicity and the RB case on discharge conditions are noted as interesting cases. (5) Use of secure email will be encouraged. (6) Twelve salaried tribunal judges were appointed to the Restricted Patients Panel in 2011. See [[Mental Health Tribunal]]

*22/03/12 (3): Court of Protection, 'Listing Deprivation of Liberty Safeguarding cases' (15/3/12). From 15/3/12, it is no longer necessary for DOLS cases to be heard by High Court judges. The full text is as follows: 'The President and the Judge in Charge of the Court of Protection have determined that it is no longer necessary for all cases where the issue of Deprivation of Liberty Safeguarding is raised to be heard by a High Court Judge. The judges at the issuing court based in the Thomas More building of the Royal Courts of Justice will consider whether the issues raised in the case appear to require the consideration of a High Court Judge and allocate the case to the appropriate level of judge accordingly. The question of allocation may be reconsidered if and when further information relevant to the issue arises. If the judges at Thomas More, or their colleagues in any court on reconsideration of the appropriate level of judge to hear the case, are unclear on whether the case should be heard by a High Court judge, they should seek guidance from the Family Division Liaison Judge for the circuit which will be hearing the case. This change regarding the listing of Deprivation of Liberty Safeguarding cases has immediate effect.' See [[Court of Protection]]

*22/03/12 (2): Case summary. {{pagesummary|Re Taylor (2012) MHLO 24 (EPA)}}

*22/03/12 (1): Neil Munro, 'Rabone v Pennine Care NHS Trust – some scattered reflections' (Mental Health and Mental Capacity Law Blog, 7/3/12). This article concludes: 'If risk averse mental health services take Rabone to heart we may be looking at a situation where all patients regardless of legal situation are subject to a very high degree of de facto control over their movements in order to avert even a small likelihood that they may leave the hospital and kill themselves.' See [[Rabone v Pennine Care NHS Foundation Trust (2012) UKSC 2]]

*20/03/12 (1): Case summary. {{pagesummary|R (W) v Dr Larkin (2012) EWHC 556 (Admin), (2012) MHLO 23}} Transcript provided by Tim Baldwin of Garden Court Chambers

*19/03/12 (20): Case transcript. {{pagesummary|Austin v UK 39692/09 (2012) ECHR 459, (2012) MHLO 22}}

*19/03/12 (19): John O'Donnell, 'Defining Liberty' (Solicitors Journal, 14/2/12). See [[SSJ v RB (2011) EWCA Civ 1608]]

*19/03/12 (18): Case summary. {{pagesummary|Re H (2012) MHLO 21 (LPA)}}

*19/03/12 (17): Case summary. {{pagesummary|Re Forrest (2012) MHLO 20 (LPA)}}

*19/03/12 (16): David Lock, 'Best Interest decision-making in the Court of Protection' (28/2/12). See [[Court of Protection]]

*19/03/12 (15): HMCTS, 'Court of Protection: Listing Policy - information for court users' (September 2011). See [[Court of Protection]]

*19/03/12 (14): Case summary. {{pagesummary|Wirral MBC v Salisbury Independent Living Ltd (2012) EWCA Civ 84, (2012) MHLO 27}}

*19/03/12 (13): Case summary. {{pagesummary|R (Broadway Care Centre Ltd) v Caerphilly County Borough Council (2012) EWHC 37 (Admin), (2012) MHLO 26}}

*19/03/12 (12): Department of Health, 'Performance and Capability Review - Care Quality Commission' (gateway ref 17277, 23/2/12). See [[CQC]]

*19/03/12 (11): Local Government Lawyer, 'Supreme Court decides not to review key 1997 community care resources ruling' (20/2/12). See [[R (KM) v Cambridgeshire CC (2011) EWCA Civ 682]]

*19/03/12 (10): Owen Bowcott, 'Human rights groups call for end to surgical castration of sex offenders' (Guardian, 22/2/12). This article relates to the European Committee for the Prevention of Torture's call for voluntary surgical castration in Germany to be discontinued. In the UK only voluntary chemical castration is permitted, under s57 MHA 1983. See also: Council of Europe, 'Council of Europe anti-torture Committee publishes report on Germany' (press release, 22/2/12). See [[MHA 1983 s57]]

*19/03/12 (9): Ministry of Justice, 'Annual statistics on Multi-agency public protection arrangements (MAPPA) eligible offenders' (16/3/12). Summary: 'This annual publication presents the number of MAPPA eligible offenders in England and Wales, and information related to these offenders, including a summary of the information provided in the MAPPA reports published by each of the areas.' See [[MAPPA]]

*19/03/12 (8): Peter Bartlett, 'Sex, Dementia, Capacity and Care Homes' (2010) 31 Liverpool Law Rev 137. Abstract: 'This paper addresses the appropriate legal and policy approach to sexual conduct involving people with dementia in care homes, where the mental capacity of one or both partners is compromised. Such conduct is prohibited by sections 34–42 of the Sexual Offences Act 2003, but this article asks whether this blanket prohibition is necessarily the appropriate response. The article considers a variety of alternative responses, eventually arguing that clearer guidance regarding prosecution should be issued.' See [[Capacity to consent to sexual relations cases]]

*19/03/12 (7): Mental Welfare Commission for Scotland, 'An investigation into the response by statutory services and professionals to concerns raised in respect of Mr and Mrs D' (January 2012). This investigation into alleged abuse of powers of attorney concludes with recommendations for the council, NHS Board, Office of the Public Guardian, Law Society of Scotland, and the Scottish Government. See [[Mental Welfare Commission for Scotland]]. 

*19/03/12 (6): Bevan Brittan, 'Patient privacy and the use of mobile phones in hospitals' (15/2/12). See [[Article 8]]

*19/03/12 (5): To deal with a backlog of news items, 'quick links' will appear on the Update page until they have been summarised, uploaded and added to the relevant part of the website.

*19/03/12 (4): {{pagesummary|Parole Board Rules 2011}}

*19/03/12 (3): The text of the Tribunal Procedure Rules have been amended to reflect the changes which take effect on 6/4/12. See [[Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008]]

*19/03/12 (2): {{pagesummary|Tribunal Procedure (Amendment) Rules 2012}}

*19/03/12 (1): Tribunal Procedure Committee, 'Response to consultation on proposed amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (SI 2008/2699) (1 June 2011 – 29 August 2011)' (February 2012). See [[Consultations#Mental Health Tribunal]]

*12/03/12 (2): Wesley Johnson, 'Ian Brady to face mental health tribunal in public' (Independent, 10/3/12). See [[Re Ian Brady (2012) MHLO 19 (FTT)]]

*12/03/12 (1): {{pagesummary|Re Ian Brady (2012) MHLO 19 (FTT)}}

*05/03/12 (23): LSC, 'Headline intentions for future tenders' (February 2012). The main points are: (1) To implement scope changes in April 2013, the LSC plans to tender for face-to-face contracts over the next year in the following areas: Family; Asylum (including residual non-asylum work); Housing and Debt; Housing Possession Court Duty Schemes. (2) Existing contracts will amended, not terminated, in the following areas: Community Care; Mental Health; Actions Against the Police; Public Law. (3) Contracts for categories being removed from scope will be terminated. (4) Crime contracts will not be re-tendered before 2015. (5) A tender exercise for mediation work will be carried out to increase provision. (6) The telephone gateway (operator service and specialist telephone advice) plans, which are set out in detail, apply to community care but not mental health. (7) All supervisors in Public Law Children work may have to be Children Panel members, but there are no other changes to accreditation planned. (8) All providers must hold either SQM or Lexcel. See [[Legal Aid News]]

*05/03/12 (22): {{pagesummary|R v Dowds (2012) EWCA Crim 281, (2012) MHLO 18}}

*05/03/12 (21): CSSIW and HIW, 'Deprivation of Liberty Safeguards: Annual Monitoring Report for Health and Social Care' (February 2012). An information brief and table of statistics is also available. For a discussion of this report, see Mithran Samuel, 'Latest on the Deprivation of Liberty Safeguards in Wales' (Community Care Adult Care Blog, 13/2/12). See [[DOLS#HIW and CSSIW]]

*05/03/12 (20): {{pagesummary|JB v MHTS (2012) ScotSC 4}}

*05/03/12 (19): {{pagesummary|R v SCL (2012) EWCA Crim 182, (2012) MHLO 16}}

*05/03/12 (18): Press articles about Supreme Court decision in ''Rabone'' case: Matthew Hill, 'Rabone and the rights to life of voluntary mental health patients' (UK Human Rights Blog, 12/2/12); Kirsten Sjøvoll, 'Case Comment: Rabone & Anor v Pennine Care NHS Trust (2012) UKSC 2' (UKSC Blog, 15/2/12); Nigel Poole, 'Protecting the vulnerable' (Local Government Lawyer, 15/2/12); BBC News, 'Suicidal woman failed by Stockport mental health trust' (8/2/12). See [[Rabone v Pennine Care NHS Foundation Trust (2012) UKSC 2]]

*05/03/12 (17): Sir Bill Callaghan, LSC Chairman, 'The Future of Legal Aid' (Speech to Liverpool Law Society, 8/2/12). This speech suggested that the matter-start system will be abolished in the next contract: 'The ongoing administration of new matter start allocations is now attracting particular attention because it takes a great deal of effort for both providers and LSC staff. The removal of a fixed allocation of new matter starts is one idea that has been put to us by representative bodies. Fixed allocations mean that more popular providers often run out of work and are refused an increase while other providers in the area have unused matter starts. A more open competition at client level would be one way of dealing with this issue and we think it should improve the quality of provision and client care. What we’re talking about here is licensing civil contract work rather than simply allocating a fixed number of new matter starts. There is still a lot discussion to be had about the detail of how this will work. But we envisage introducing this approach in April 2013 at the same time as the LSC is abolished and the new Executive Agency takes over.' See [[Legal Aid News]]

*05/03/12 (16): Mary Donnelly, '"Voluntary" psychiatric patients need protection' (Irish Times, 9/2/12). This article, following on from a Southern Irish High Court decision that a voluntary patient was not held unlawfully despite making several requests to leave the locked unit, argues that it is highly doubtful that the Southern Irish Mental Health Act 2001 would withstand scrutiny under the ECHR, and that the statute contravenes the CRPD. See [[DOLS#Other links]]

*05/03/12 (15): Case summary. {{pagesummary|Re Lane (2012) MHLO 15 (LPA)}}

*05/03/12 (14): Official Solicitor, 'Official Solicitor: Court of Protection: Acceptance of Appointment as Litigation Friend' (21/2/12). This document sets out the OS's general acceptance criteria (evidence of lack of capacity, no-one else suitable and willing to act, funding available) and the new dispensation in relation to health and welfare cases (refusal to act 'in any except the most urgent cases, namely serious medical treatment cases and section 21A appeals, other than those brought by the relevant person's representative' and a waiting list for cases to be accepted). In relation to the OS's reaching 'the limit of his resources' in regard to health and welfare cases, a distinction is drawn between money (which has not reached the limit) and staffing levels (which have). See [[Official Solicitor]]

*05/03/12 (13): Updated guidance. [[Court of Protection, 'Guidance: Applications to the Court of Protection in relation to tenancy agreements' (February 2012)]]

*05/03/12 (12): Anna Nilsson, 'Who gets to decide? Right to legal capacity for persons with intellectual and psychosocial disabilities' (Council of Europe, CommDH/IssuePaper(2012)2, 20/2/12). This paper sets out the following recommendations: (1) Ratify the UN CRPD and its Optional Protocol. (2) Review existing legislation on legal capacity in the light of current human rights standards and with particular reference to Article 12 CRPD. The review should identify and remedy possible flaws and gaps depriving persons with disabilities of their human rights in relation to legislation concerning, inter alia, guardianship, voting rights and compulsory psychiatric care and treatment. (3) Abolish mechanisms providing for full incapacitation and plenary guardianship. (4) Ensure that persons with disabilities enjoy the rights to property, including the right to inherit property and to control their own financial affairs, to family life, to consent to or reject medical interventions, to vote, to associate freely and to access justice on an equal basis with others. No one should be automatically deprived of these rights because of an impairment or disability or due to being subjected to guardianship. (5) Review judicial procedures to guarantee that a person who is placed under guardianship has the possibility to take legal proceedings to challenge the guardianship or the way it is administrated as long as guardianship regimes still remain valid. (6) End 'voluntary' placements of persons in closed wards and social care homes against the person’s will but with the consent of guardians or legal representatives. Placement in closed settings without the consent of the individual concerned should always be considered a deprivation of liberty and subjected to the safeguards established under Article 5 of the European Convention on Human Rights. (7) Develop supported decision-making alternatives for those who want assistance in making decisions or communicating them to others. Such alternatives should be easily accessible for those in need and provided on a voluntary basis. (8) Establish robust safeguards to ensure that any support provided respects the person receiving it and his or her preferences, is free of conflict of interests and is subject to regular judicial review. The individual concerned should have the right to participate in any review proceedings along with the right to adequate legal representation. (9) Create a legal obligation for governmental and local authorities, the judiciary, health care, financial, insurance and other service providers to provide reasonable accommodation to persons with disabilities who wish to access their services. Reasonable accommodation includes the provision of information in plain language and the acceptance of a support person communicating the will of the individual concerned. (10) Involve persons with intellectual and psychosocial disabilities and the organisations representing them actively in the process of reforming legislation on legal capacity and developing supported decision-making alternatives. See [[CRPD]]

*05/03/12 (11): Anthony Collins Solicitors, 'Tenants lacking mental capacity signing tenancy agreements' (23/2/12). This briefing summarises the ''Wychavon'' case and sets out the consequences for housing providers. See [[Wychavon District Council v EM (HB) (2012) UKUT 12 (AAC), (2012) MHLO 5]]

*05/03/12 (10): Case summary. {{pagesummary|Crawford v Suffolk MH Partnership NHS Trust (2012) EWCA Civ 138, (2012) MHLO 14}}

*05/03/12 (9): NHSIC, 'Routine Quarterly Mental Health Minimum Dataset Reports, Final Q1 and Provisional Q2 2011/12 summary statistics and related information' (28/2/12). See [[Statistics#NHS Information Centre - Other]]

*05/03/12 (8): Mind, 'Mind welcomes Health Bill amendment which protects vital aftercare for people who have been sectioned' (1/3/12); Hansard, HL Deb 29/2/12, vol 725 col 1364: transcript of House of Lords debate, in which the government agree to the proposed amendment. The only changes to s117 MHA 1983  to be made by clause 39 Health and Social Care Bill 2010-12 will relate to the change from Primary Care Trusts to clinical commissioning groups. See [[Mind (Charity)]]

*05/03/12 (7): Thomas Hammarberg, 'Rights-based approach needed in new law on legal capacity' (Irish Times, 1/3/12). This article argues that reform of the Southern Irish Lunacy Act 1871 should comply with the UN Convention on the Rights of Persons with Disabilities. See [[CRPD]]

*05/03/12 (6): Mithran Samuel, 'Many deprived of liberty without safeguards, warn experts' (29/2/12). This article discusses deprivation of liberty in supported living, and the Official Solicitor's view that the Court of Appeal decisions in Cheshire and P & Q meant protections for people 'had gone backwards'. See [[DOLS#Other links]]

*05/03/12 (5): Royal College of Psychiatrists, 'CR171: Independent Advocacy for People with Mental Disorder' (February 2012). This document contains the following chapters: (1) Introduction and context; (2) Definition of independent advocacy; (3) Key principles in individual advocacy; (4) How do advocates work?; (5) Different types of advocacy; (6) Statutory advocacy; (7) Advocacy and equality; (8) Advocacy in different clinical areas; (9) Myth busting; (10) Useful contacts. See [[RCPsych]]

*05/03/12 (4): Case summary. {{pagesummary|Coombs v Dorset NHS PCT (2012) MHLO 13 (QBD)}}

*05/03/12 (3): LGO, 'Fact Sheet S1: Complaints about adult care services' (updated 1/3/12); LGO, 'Fact Sheet S3: Complaints about councils that arrange and fund residential care placements' (updated 1/3/12). See [[Local Government Ombudsman]]

*05/03/12 (2): 39 Essex Street, 'Court of Protection Newsletter' (issue 18, February 2012). The cases mentioned in this issue are: Re L; K v LBX [2012] EWCA Civ 79, [2012] MHLO 7, Wychavon District Council v EM (HB) [2012] UKUT 12 (AAC), [2012] MHLO 5, Crawford v Suffolk MH Partnership NHS Trust [2012] EWCA Civ 138, Broadway Care v Caerphilly CBC [2012] EWHC 37 (Admin), Salisbury Independent Living Ltd v Wirral MBC [2012] EWCA Civ 84. See [[39 Essex Street COP Newsletter]]

*05/03/12 (1): Legal Aid Handbook, 'LSC concede judicial review; specialist support reprieved' (1/3/12). The LSC conceded a JR claim brought by the Public Law Project of the decision, made without consultation, to abolish the specialist support service. Instead of the contracts expiring in March 2012 they will be extended until 30/6/12 pending a consultation process. The mental health specialist support service, run by Scott Moncrieff Solicitors, can be called on 0844 800 3364 from Monday to Friday 10am to 4pm. See [[Legal Aid News]]

*04/03/12 (1): You can now receive monthly updates delivered automatically to your Kindle e-reader. See [http://www.mentalhealthlaw.co.uk/lists/ Kindle updates]

*03/03/12 (2): The following are available in Kindle format: (1) Annual Review 2011, from Amazon; (2) February 2012 update, from this website. See [[Annual Review 2011]] and [[February 2012 update]]

*03/03/12 (1): The Mental Health Law Online Annual Review 2011 is now available online and as a PDF download. It contains all news which appeared in the monthly updates for 2011. See [[Annual Review 2011]]

*02/03/12 (2): The PDF version of the February 2012 update is now available to download. See [[February 2012 update]]

*02/03/12 (1): The CPD questionnaire for February 2012 is now online. Obtain 12 accredited CPD points from your desk for £60. See [http://www.mentalhealthlaw.co.uk/cpd/ CPD scheme]

*01/03/12 (2): Case summary. {{pagesummary|R (NM) v LB Islington (2012) EWHC 414 (Admin), (2012) MHLO 11}}

*01/03/12 (1): Case summary. {{pagesummary|R v Chiles (2012) EWCA Crim 196, (2012) MHLO 10}}

[[Category:Updates]]