View source for October 2011 update

==Case summaries==
*{{pagesummary|Re GM; FP v GM and A Health Board (2011) EWHC 2778 (COP)}}

*{{pagesummary|R (Sessay) v South London and Maudsley NHS Foundation Trust (2011) EWHC 2617 (QB)}}. 

*{{pagesummary|AG's ref (no 54 of 2011) (2011) EWCA Crim 2276}}

*{{pagesummary|Re S; D v R (the deputy of S) (2010) EWHC 3748 (COP)}}

*{{pagesummary|R v Abdi (2011) EWCA Crim 2179}}

*{{pagesummary|Sharma v Hunters (2011) EWHC 2546 (COP)}}

*{{pagesummary|Quigley v Masterson (2011) EWHC 2529 (Ch)}}

*{{pagesummary|Re Jarman (2011) COP 8/8/11}}

*{{pagesummary|S v Estonia 17779/08 (2011) ECHR 1511}}

==Case transcripts only==
*The First-tier Tribunal decision in Albert Haines's case has been published, together with the directions in relation to the publication of that decision. See [[AH v West London MH NHS Trust (2011) UKUT 74 (AAC)#Tribunal documents]] 

*{{pagesummary|A London Local Authority v JH (2011) EWHC 2420 (COP)}}

*{{pagesummary|LG v DK (2011) EWHC 2453 (COP)}}

==Legislation==
*Welsh legislation. The Mental Health (Assessment of Former Users of Secondary Mental Health Services) (Wales) Regulations 2011, the Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2011, and accompanying Explanatory Memoranda and Regulatory Impact Assessments, have been approved. See [[Mental Health (Wales) Measure 2010]] (text of 26/10/11 circular email)

==Other documents==
*The MoJ website has a new 'mentally disordered offenders' area, including a new contact list for the MH Casework Section. See [[Ministry of Justice]]

*Adam James, 'Landmark Broadmoor patient loses appeal to be released from detention' (Psychminded, 18/10/11). See [[AH v West London MH NHS Trust (2011) UKUT 74 (AAC)]]

*The Small Places Blog, 'Mental Capacity Act and Tenancy: An open question' (7/10/11). This article, which appeared originally on the Nearly Legal housing law blog, argues that ''Wychavon'' was wrongly decided because 'a contract with someone lacking capacity to enter such a contract is voidable (not void) by the person lacking capacity if the other party was aware of their lack of capacity'. See {{pagesummary|Wychavon District Council v EM (HB) (2011) UKUT 144 (AAC)}}

*The Supreme Court will hear an appeal in the ''Rabone'' case on 7/11/11. {{pagesummary|Rabone v Pennine Care NHS Trust (2010) EWCA Civ 698}}

*Law Society, 'Lasting powers of attorney: Practice note' (updated 6/10/11). 'The Law Society has produced a practice note to assist solicitors in advising clients wishing to draw up an LPA, as well as solicitors who are acting as an attorney under an LPA. The practice note also covers ongoing arrangements for Enduring Powers of Attorney.' See [[LPA]]

*The Office of the Public Guardian has published revised forms for applying to register an enduring or lasting power of attorney to reflect recent fee changes and website updates. The LPA guidance has also been amended to clarify who can act as a certificate provider. (Source: Law Society update email 6/10/11). See [[LPA]]

*Ajit Shah et al, 'Deprivation of Liberty Safeguards in England: implementation costs' (2011) 199 BJP 232 (subscription only). 'Results: The estimated average cost of a single DoLS assessment was £1277. Conclusions: The estimated average cost of a single DoLS assessment was significantly higher than the £600 estimated by the government. However, the allocated budget, based on 20 000 estimated DoLS assessments in the first year of its implementation, is likely to be adequate because a significantly lower number of assessments (only 5200) were conducted in the first 9 months after its implementation.' Related press article: Mithran Samuels, 'Deprivation of liberty safeguard cases cost double government's estimates' (Community Care, 30/9/11). See [[DOLS#External links]]

*Ruth Cairns et al, 'Judgements about deprivation of liberty made by various professionals: comparison study' (2011) 35 Psychiatrist 344 (subscription only). 'Aims and method: A group of lawyers, psychiatrists, best interest assessors and independent mental capacity advocates were asked to make binary judgements about whether real-life situations in 12 vignettes amounted to deprivation of liberty. Kappa coefficients were calculated to describe the level of agreement within each professional group and for the total group of professionals. Results: There was total agreement between all professionals about deprivation of liberty in only 1 of the 12 cases. The overall level of agreement for judgements made by all professionals was ‘slight’ (κ=0.16, P<0.01). Clinical implications: There are practical difficulties involved in making reliable deprivation of liberty judgements within the Deprivation of Liberty Safeguards (DoLS) legislation. A clear interpretation of deprivation of liberty is necessary to facilitate professionals’ decision-making in this area.' Related press article: Laura Donnelly, 'Dementia patients let down despite promises' (Telegraph, 1/10/11). See [[DOLS#External links]]

==Website==
*The EPA case pages have been recategorised. See [[:Category:EPA cases]]

*On 31/10/11, Mental Health Law Online contained [[Mental health case law|1067 categorised cases]]

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

*Thanks to Matthew Seligman of Scott-Moncrieff Solicitors for providing a detailed summary of [[R (Sessay) v South London and Maudsley NHS Foundation Trust (2011) EWHC 2617 (QB)]], to James Gatenby of Chavasse Chambers for the transcript in [[Re GM; FP v GM and A Health Board (2011) EWHC 2778 (COP)]], and to Alex Ruck-Keene of 39 Essex Street for the transcript in [[Re S; D v R (the deputy of S) (2010) EWHC 3748 (COP)]].

==Twitter==
{{monthly|twitter|2011|10}}

[[Category:Updates]]