View source for November 2010 update

==Case law - summaries of new cases==
*{{pagesummary|R v Dunn (2010) EWCA Crim 2935}}
*{{pagesummary|Re G (TJ) (2010) EWHC 3005 (COP)}}
*{{pagesummary|C v D (2010) EWHC 2940 (Ch)}}
*{{pagesummary|RH v South London and Maudsley NHS Foundation Trust (2010) EWCA Civ 1273}}
*{{pagesummary|YA(F) v A Local Authority (2010) EWHC 2770 (COP)}}
*{{pagesummary|Re AVS; CS v A NHS Foundation Trust (2010) EWHC 2746 (COP)}}
*{{pagesummary|Re Collis (2010) COP 27/10/10}}
*{{pagesummary|Re Baker (2010) COP 12/11/10}}
*{{pagesummary|Re Jass (2010) COP 26/10/10}}
*{{pagesummary|Re Moore (2010) COP 26/10/10}}
*{{pagesummary|Re Hartup (2010) COP 28/10/10}}
*{{pagesummary|Re Ferguson (2010) COP 26/10/10}}
*{{pagesummary|Re Orriss (2010) COP 20/10/10}}
*{{pagesummary|Re Williamson (2010) COP 25/10/10‎}}
*{{pagesummary|Re Dickenson (2010) COP 12/11/10}}
*{{pagesummary|R (Royal College of Nursing) v SSHD (2010) EWHC 2761 (Admin)}}
==Case law - other==
*Summary added (transcript already online): {{pagesummary|Singellos v Singellos (2010) EWHC 2353 (Ch)}}
*Transcript only: {{pagesummary|LBL v RYJ (2010) EWHC 2665 (COP)}}
==Legislation==
*{{pagesummary|Mental Health (Wales) Measure 2010}}
==Legal Services Commission==
*CLS News item 23/11/10: 'New LSC forms mandatory from 15 November'. A reminder that new versions of the following must be used: CLS APP1, CLS APP6, CLSAPP7, CLS APP8, CLS MEANS 1, 1A, 1B, 1C, CLS MEANS 2, CLS MEANS 3, CLS MEANS 4, CLS MEANS 5, Means Guidance & Checklist (CK3), CLS POA1, CW1, CW1&2 (MH), CW2 (IMM), CW Counsel (MH), CW3A, 3B & 3C, Civil Codes Guidance & Guidance for Reporting Controlled Work; some crime forms have also changed. See [[Legal Aid News]]

*On 21/10/10 the LSC published version 8 of 'RM Assurance Process: Guidance for RM Visits'. See [[Legal Aid News]]

*On 15/11/10 the LSC published 'Devolved Powers in Judicial Review cases under the 2010 Contract'. Mental health firms who had 2007 contracts can continue to exercise devolved powers for mental health judicial reviews, but from 1/4/11 this will only be possible if the power has specifically been granted. The LSC will be consulting on criteria for awarding the power to exercise devolved powers. See [[Legal Aid News]]

*On 12/11/10 the LSC published Forms Version List October 2010 (including forms for 15/11/10 onwards). See [[Legal Aid News]]

*CLS News: 'Financial eligibility - changes to evidence rules from 15 November' - 11/11/10 - Wage slips and bank statements must accompany form CLS MEANS1 where appropriate. See [[Legal Aid News]]

*CLS News: '2010 Standard Civil Contract documentation now sent out' - 11/11/10. See [[Legal Aid News]]

*CLS News:' New home for LSC websites' - 10/11/10 - All information on Legal Aid websites will be moved to either the MoJ or Directgov website by March 2011. See [[Legal Aid News]]

*LSC document added. 'Guidance on Completing Civil Supervisor Self Declaration Forms' - filename dated 4/11/10, document dated 5/11/10, published 8/11/10, marked version 4.  See [[Legal Aid News]]

*LSC document updated in November 2010: 'Where work is processed'. See [[Legal Aid News]]

*The LSC have refused permission for publication of correspondence clarifying their August 2010 newsletter statement on Level 1/2 fees: 'The only official guidance that can be published is the specification and the principles of MH document'. Further guidance on Level 1/2 fees may be included in an update to the 'Principles' document. You will each need individually to ask the LSC whether or not the newsletter is compatible with the official guidance (it is not: see news item of 7/10/10). See [[Legal Aid News]]

*Legal Aid was mentioned in Parliament on 7/9/10 in response to the written question: 'To ask the Secretary of State for Justice what assessment his Department has made of the adequacy of the level of funding for legal aid for cases relating to mental health legislation compared to that for other legal sectors' (and the same answer was given to a question on 28/10/10). The minister replied that Legal Aid for MHT work is not means-tested, that in order to ensure that demand is met 1,500 more new matter starts will be allocated for 2010-11 than in 2009-10, that the mental health contract tenders were carried out on a non-competitive basis, and that the number of applicants who have been provisionally offered a contract closely matches the number of existing providers. He ignored the high secure tender which was competitive, and which reduced the number of suppliers from 98 to 9 (source: presentation at MHLA conference, 19/11/10). In the general tender there were 288 successful applicants, including 68 new entrants (34 of which are in London) (source: LSC, 'Statement on Mental Health Awards', 17/6/10; ''figures corrected on 29/11/10''). See [[Legal Aid News]]

==Legal Aid generally==
*On 16/11/10 the Law Society published 'MoJ Green Paper on legal aid', a summary of the Green Paper. See [[Law Society]]

*On 15/11/10 the MoJ published 'Proposals for the Reform of Legal Aid in England and Wales', a consultation running from 15/11/10 to 14/2/11. In relation to mental health law the proposals are to (1) retain legal aid for mental health and capacity detention cases, including appeals to the First-tier (Mental Health) Tribunal, and onward appeals to the Upper Tribunal, and appeal as to the Court of Protection on deprivation of liberty issues; (2) retain legal aid for judicial review challenges; (3) remove legal aid for tort or other general damages claims unless the claims are of a very serious nature (paras 4.92 to 4.94). The summary for the scope of mental health law is that 'We propose to retain the current provision of Legal Help and Controlled Legal Representation' (Annex F). All civil hourly rates and fixed fees are to be reduced by 10% (paras 7.6 to 7.7) and there are also proposals for reducing experts' fees (see chapter 8). There are less generous rules on financial eligibility and contributions, but these proposals will not affect those cases, such as Tribunal work, which are not subject to means testing (para 5.4). See [[Consultations#Ministry of Justice]]

*On 15/11/10 the MoJ published 'Proposals for reform of civil litigation funding and costs in England and Wales', another consultation running in parallel from 15/11/10 to 14/2/11. See [[Consultations#Ministry of Justice]]

*On 15/11/10 the Law Society published 'Access to justice review: final report'. See [[Law Society]]

*Link to article added: Fiona Bawdon, 'Mental health patients face legal aid delay', Guardian 9/11/10. This article is about the effect of the LSC's refusal to grant additional 'matter starts' to mental health law firms towards the end of the current contract period. See [[Mental health law in the media]]

*Link to article added: Catherine Baksi, 'New legal aid court challenge set to proceed', Law Society Gazette 8/11/10. The claimants, who challenged the selection criteria for the high-secure-hospital contract and the verification process for both contracts, failed to obtain injunction delaying implementation of mental health contracts but obtained protective costs order set at £100,000. See [[Legal Aid News]]

==Department of Health==
*On 26/11/10 the Dept of Health published 'National Oversight Group Annual Report 2009-10'. ('The National Oversight Group for High Secure Services brings together significant partners to provide oversight for the high secure services on behalf of the Secretary of State for Health'). See [[DH]]

*On 18/11/10 the Dept of Health published 'Making written information easier to understand for people with learning disabilities: Guidance for people who commission or produce Easy Read information. Revised Edition 2010'. See [[DH]]

*On 18/11/10 the Dept of Health published 'The Third Year of the Independent Mental Capacity Advocacy (IMCA) Service 2009-10'. Over 9000 people used an IMHA in 2009/10, which represents a 39% increase in referrals. See [[IMCA]]

*On 18/11/10 the Dept of Health published 'PL/CNO/2010/3: Eliminating mixed sex accommodation'. This professional letter discusses the policy that NHS organisations are expected to 'eliminate mixed-sex accommodation, except where it is in the overall best interest of the patient, or reflects their personal choice'; in particular the reporting of and sanctions for breaches, and the obligatory declaration of compliance by 1/4/11. See [[DH]]

*On 18/11/10 the Dept of Health published 'LAC(DH)(2010)7: The Vision for Adult Social Care and supporting documents'. This circular informs councils of the Government's new Vision for Adult Social Care: Capable Communities and Active Citizens and its consultation on Transparency in outcomes: a framework for adult social care. See [[Adult Social Care]]

*News item added to NMHDU website on 15/11/10: 'Invitation to participate in focus groups - Review of Independent Mental Health Advocate (IMHA) Services by the University of Central Lancashire'. This is part of a £250,000 'Research to review the quality of independent mental health advocate services' paid for by the Dept of Health. See [[DH]]

*On 11/11/10 the Dept of Health published 'Protection of Vulnerable Adults (POVA) scheme: record retention and disposal policy'. See [[DH]]

*On 29/10/10 the Dept of Health updated their 'Guidance on direct payments for community care, services for carers and children's services: England 2009' which was originally published on 4/9/09. See [[DH]]

==Voting and jury service==
*On 2/11/10 there was a House of Commons debate following an urgent question on the Government's 'plans to give prisoners the vote'. The UK Government has 'no choice' but to obey decisions of the European Court of Human Rights, and active steps are being taken to do so, particularly to help avoid the payment of damages to prisoners who make human rights claims. The relevant judgment is [[Hirst v UK (No 2) 74025/01 (2005) ECHR 681]] which declared unlawful the blanket restriction on voting which applies to all convicted prisoners irrespective of the length of their sentence, the nature or gravity of their offence, or their individual circumstances. In ''Frodl v Austria'' 20201/04 [2010] ECHR 508 the ECtHR held that 'Under the Hirst test, besides ruling out automatic and blanket restrictions it is an essential element that the decision on disenfranchisement should be taken by a judge, taking into account the particular circumstances, and that there must be a link between the offence committed and issues relating to elections and democratic institutions'. On 18/10/10 the ECtHR issued a press release confirming that this case would not be referred to the Grand Chamber. Both cases were referred to in ''R (Chester) v SSJ'' on 3/11/10; judgment was reserved. In ''Greens and MT v UK'' (2010) 60041/08, 60054/08 (23/11/10) the ECtHR gave the UK six months to amend the voting laws, during which time comparable cases will not be considered; no compensation was awarded. See [[Voting rights for detained patients]] 

*24/11/10: Page update. {{pagesummary|Jury service}}
==Ministry of Justice==
*On 8/11/10 the Ministry of Justice published their business plan for the next spending review period, 2011-2015. See [[Ministry of Justice#MoJ website]]

*On 28/10/10 the Ministry of Justice published 'Memorandum to the Justice Select Committee: Post-Legislative Assessment of the Mental Capacity Act 2005'. See [[Ministry of Justice#MoJ website]]

*On 27/10/10 the Ministry of Justice issued a press release entitled 'MAPPA: open and transparent (!) for greater public protection', together with an annual report and statistical tables showing the number of MAPPA-eligible offenders in England and Wales, and related information including a summary of each MAPPA area's report. See [[MAPPA]]

==Newsletters and updates==
*Issue 3/2010 of 'Mental Capacity Act Update' was published by OPG/DH/WAG on 26/11/10. Articles include: OPG Transformation Project; MCA 2005 Post Legislative Scrutiny; Panel Deputy Recruitment update; Registration Times update; 2007 Lasting Power of Attorney forms; Deprivation of Liberty Safeguards - data and annual report; Best Interests Decisions Study by the Norah Fry Institute; Managing Risk, Minimising Restraint. See [[Office of the Public Guardian]]

*Paper presented to Mental Health Lawyers Association on 19/11/10 added: Hugh Southey QC and Jesse Nicholls, 'Mental Health Law Update', November 2010. See [[Mental health case law#External links]]

*On 12/11/10 Mind's legal unit published the November 2010 issue (number 7) of their legal newsletter. See [[Mind (Charity)]]

*39 Essex Street published issue 3 of their Court of Protection Update today on 3/11/10. The cases referred to are: [[Re SA; FA v Mr A (2010) EWCA Civ 1128]], [[Re S (statutory will); D v R (the deputy of S) (2010) EWHC 2405 (COP)]], [[A County Council v MB (2010) EWHC 2508 (COP)]], [[G v E (2010) EWHC 2512 (COP)]], [[A Local Authority v DL (2010) EWHC 2675 (Fam)]], [[Re AVS; CS v A NHS Foundation Trust (2010) EWHC 2746 (COP)]], [[YA(F) v A Local Authority (2010) EWHC 2770 (Fam)]] (click on the links for transcripts). See [[Court_of_Protection#November_2010]]

==Other==
*On 23/11/10 the Welsh Assembly Government published 'Patients in Mental Health Hospitals and Units, 2010' and 'Admission of Patients to Mental Health Facilities, 2009-10'. See [[Statistics#Welsh Assembly Government]]

*New SLAM guidelines for disclosure were published on 22/10/10. This Trust's policy is now (a) to provide copies of section papers on request as soon as reasonably practicable; (b) in connection with hearings, to provide access to records if the RC has not objected within 24 hours; and (c) in other circumstances, to provide access to records under the DPA, urgently if appropriate. See [[Mental Health Act 1983 Statutory Forms]]

*Published today on 15/11/10: Victoria Butler-Cole and Alex Ruck Keene, 'Preparing care plans, transition plans and best interests assessments for Court of Protection proceedings', 39 Essex Street, November 2010. See [[Court of Protection#External resources]]

*In October 2010 the CQC published two guidance documents: 'Mental Capacity Act: Guidance for providers' and 'Deprivation of liberty safeguards: guidance for providers'. See [[CQC]]

*In October the Tribunals Service (Mental Health) published an updated version of 'Room Specification Recommendations for Tribunal Hearings' which is dated August 2010. See [[Mental Health Tribunal]]

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

*On 31/10/10, the website had '''875''' [[Mental health case law|categorised cases]]


[[Category:Updates]]