View source for October 2010 chronology

See [[October 2010 update]] for a summary of these changes.

*CPD questionnaires have been added for all months up to and including September 2010. For £50 you can earn 12 CPD credits online. Barristers have two months left of their CPD year; those of over 3 years' call can use the Mental Health Law Online CPD scheme. Solicitors are encouraged to resubscribe this year. See <span class="plainlinks">[http://mentalhealthlaw.co.uk/cpd/ CPD scheme]</span> for further details.

*30/10/10: Case summary added. {{pagesummary|Re DC (Dispensing with Service of Applications under the Adults with Incapacity (Scotland) Act 2000 on the Adult) (2010) ScotSC 6}}
*30/10/10: Case summary added. {{pagesummary|City of Edinburgh Council v D (2010) ScotSC 165}}
*30/10/10: Case summary added. {{pagesummary|Re HP (Remuneration of a Financial Guardian under Section 68 of the Adults with Incapacity (Scotland) Act 2000) (2010) ScotSC 21/7/10}}
*27/10/10: Today the Care Quality Commission published 'Monitoring the use of the Mental Health Act in 2009/10', their first report on the MHA. See [[CQC]]

*27/10/10: CLS News today: LSC will not appeal the Law Society judicial review judgment. See [[Legal Aid News]]

*27/10/10: Case summary added. {{pagesummary|Re Warner (2010) COP 31/8/10}}
*27/10/10: Case summary added. {{pagesummary|Re Thrussell (2010) COP 12/10/10}}
*27/10/10: Case summary added. {{pagesummary|Re John (2010) COP 14/10/10}}
*27/10/10: Case summary added. {{pagesummary|Anam v SSHD (2010) EWCA Civ 1140}}
*27/10/10: Case transcript added. {{pagesummary|R v Oakley (2010) EWCA Crim 2419}}
*27/10/10: Case transcript added. {{pagesummary|Re DC (Dispensing with Service of Applications under the Adults with Incapacity (Scotland) Act 2000 on the Adult) (2010) ScotSC 6}}
*25/10/10: Transcript added (judgment handed down today). {{pagesummary|A Local Authority v DL (2010) EWHC 2675 (Fam)}}
*25/10/10: Case summary added. {{pagesummary|Re Devine (2010) COP 13/10/10}}
*22/10/10: Transcript added (judgment handed down today). {{pagesummary|A County Council v MB (2010) EWHC 2508 (COP)}}
*20/10/10: Case summary added (based on press report). {{pagesummary|Re SB (2010) COP 19/10/10}}
*20/10/10: The LSC have published new civil Legal Aid forms. These forms are mandatory from 15/11/10 and may not be used before that date. The following have new versions: CLS APP1, 6, 7, 8; CLS MEANS1, 1A, 1B, 1C, 2, 3, 4, & 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. See [[Legal Aid News]]

*18/10/10: Case transcript added. {{pagesummary|G v E (2010) EWHC 2512 (COP)}}
*18/10/10: Case transcript added. {{pagesummary|‎Re SA; FA v Mr A (2010) EWCA Civ 1128}}
*18/10/10: Case transcript added. {{pagesummary|‎Law Society v Legal Services Commission (2010) EWHC 2550 (Admin)}}
*18/10/10: Case transcript added. {{pagesummary|‎R v Cooper (2010) EWCA Crim 2335 }}
*18/10/10: Case transcript added. {{pagesummary|‎City of Edinburgh Council v D (2010) ScotSC 165}}
*18/10/10: The Tribunals Service is consulting, until 15/11/10, on draft Guidance Note on the role of IMHAs (in their capacity as IMHAs, rather than as representatives) at Tribunal hearings. Consideration is given to (1) attendance at the hearing; (2) seating arrangements; (3) relationship with the legal representative; (4) role in relation to any procedural issues; (5) giving of evidence; (6) asking questions and addressing the panel; (7) right of access to the Tribunal's decision. See [[Consultations#Mental Health Tribunal]]

*18/10/10: On 13/10/10 the LSC confirmed that all non-family legal aid contracts and family mediation contracts will start on 15/11/10. See [[Legal Aid News]]

*11/10/10: On 5/10/10, Mind published "Achieving justice for victims and witnesses with mental distress: A mental health toolkit for prosecutors and advocates": a practical guide, designed to complement the CPS’s prosecution guidance on mental health, with information and advice about mental distress to aid decision-making during case preparation and at court. See [[Mind (Charity)]]

*11/10/10: New legislation. {{pagesummary|Mental Welfare Commission for Scotland (Qualifications, Training and Experience of Medical Visitors) Regulations 2010}}
*07/10/10: The LSC has resiled from the position in the August 2010 newsletter that Level 2 cannot be claimed on the day of first attendance even where the solicitor makes the Tribunal application on the day or the client has previously made an application. The division between Level 1 and 2 must be clearly evidenced on the file. Permission is currently being obtained from the LSC Policy Team to publish the relevant email here. See [[Legal Aid News]]

*06/10/10: The NHS Information Centre published "In-patients formally detained in hospitals under the Mental Health Act 1983 and patients subject to supervised community treatment, Annual figures, England 2009/10" on 5/10/10. Their summary is "This bulletin summarises information about uses of the Mental Health Act 1983. It includes information from high security psychiatric hospitals as well as from other NHS service providers and independent hospitals. The latest figures for 2009/10 show that 16,622 patients were detained in hospital at the end of the year, an increase of 3.4 per cent from last year. Taken together with the number of people on Community Treatment Orders (CTOs) at 31 March (3,325) these figures suggest that increasing numbers of people are being subject to restrictions under the Mental Health Act. The figures also show major changes in the number of formal detentions, uses of Place of Safety Orders and CTOs." See [[Statistics]]

*06/10/10: On 5/5/10 the Law Society published "Q and A: judicial review outcome". Including "11. Will the Law Society now be challenging the LSC's other legal aid tender procedures? We are reviewing the position in respect of the other tenders in the light of the Divisional Court's judgment. However, the issues in the other areas are somewhat different from the position in family legal aid. The key issue for the Divisional Court was the way in which the LSC applied the selection criterion relating to accreditation, and the fact that this arbitrarily and unfairly excluded firms that had not had opportunity to become accredited in order to show that they were in fact as qualified to undertake the work as the winners. Moreover, the court recorded that the number of firms excluded was out of all proportion to the number that was expected by the LSC, and that this drastic reduction in the number of providers was inconsistent with the LSC's strategic aims and statutory duties. This combination of factors was unique to the family tender. The fact that we have succeeded in this one challenge does not therefore mean that we would necessarily do so in other fields." See [[Legal Aid News]]

*06/10/10: New page added. {{pagesummary|Local Government Ombudsman}}
*06/10/10: Case transcript added. {{pagesummary|Perrins v Holland (2010) EWCA Civ 840}}
*06/10/10: Case summary added. {{pagesummary|F v Clinical Director of Our Lady's Hospital (2010) IEHC 243}}
*05/10/10: Case summary added. {{pagesummary|An NHS Foundation Trust v D (2010) EWHC 2535 (COP)}}
*05/10/10: Case summary added. {{pagesummary|Re S (statutory will); D v R (the deputy of S) (2010) EWHC 2405 (COP)}}
*05/10/10: New page added. {{pagesummary|Murder}}
*04/10/10: On 1/10/10, 39 Essex Street published the October 2010 edition of their Court of Protection Newsletter. See [[Court of Protection]]

*04/10/10: Case summary added. {{pagesummary|EG v RS (2010) EWHC 3073 (COP)}}
*04/10/10: In September 2010, the European Court of Human Rights published various thematic fact sheets, including "Mental Health", "Detention and Mental Health", "Prisoners’ health rights", "Detention conditions and treatment of prisoners".  See [[ECHR#External links]]

[[Category:Updates]]