View source for October 2012 update

Alternative formats: '''[[Media:MHLO Monthly Update October 2012.pdf|PDF]]''' | '''[[Media:MHLO Monthly Update October 2012.mobi|Kindle]]'''

==Cases==
*'''Capacity case.''' {{pagesummary|CYC v PC and NC (2012) MHLO 103 (COP)}}

*'''ECHR/capacity case.''' {{pagesummary|RP v UK 38245/08 (2012) ECHR 1796, (2012) MHLO 102}}

*'''Capacity case.''' {{pagesummary|Re Clarke (2012) EWHC 2947 (COP), (2012) MHLO 109}}

*'''Capacity case.''' {{pagesummary|Re Clarke (2012) EWHC 2714 (COP), (2012) MHLO 108}}

*'''Capacity case.''' {{pagesummary|Re Clarke (2012) EWHC 2256 (COP), (2012) MHLO 107}}

*'''Lifer appeal case.''' {{pagesummary|R v Petrolini (2012) EWCA Crim 2055, (2012) MHLO 105}}

*'''Criminal case.''' {{pagesummary|C v R (2012) EWCA Crim 2034, (2012) MHLO 104}}

*'''Legal Aid case.''' {{pagesummary|R (Hossacks) v Legal Services Commission (2012) EWCA Civ 1203, (2012) MHLO 106}}

==Newsletter==
*'''Mind Legal Newsletter.''' Mind, 'Legal Newsletter' (Issue 12, October 2012). This newsletter contains: (1) Articles: (a) 358 days by Mark Neary; (b) Legal capacity and the UN Convention On The Rights Of Persons With Disabilities by Lucy Series. (2) Case reports: (a) GP v Derby City Council [2012] EWHC 1451 (Admin), [2012] MHLO 58; (b) X Primary Care Trust v XB [2012] EWHC 1390 (Fam), [2012] MHLO 54; (c) Munjaz v UK 2913/06 [2012] MHLO 79 (ECHR); (d) MS v UK 24527/08 [2012] ECHR 804, [2012] MHLO 46; (e) X v Finland [2012] ECHR 34806/04; (f) Discrimination case report. (3) Mental health and human rights update. (4) Legal Aid update. (5) News: (a) Care And Support Bill 2012; (b) Eligibility for IMHA support in Wales; (c) SOAD opinions for consenting patients on supervised CTOs; (d) Safeguarding vulnerable groups: changes to vetting and barring; (e) Mental Health (Discrimination) Bill; (f) Department Of Health Suicide Prevention Strategy; (g) Replacement of Equality and Human Rights Commission helplines. See [[Mind (Charity)]]

==Articles==
*'''Jimmy Savile and Broadmoor.''' (1) Soundcloud: clips from Jerry Sadowitz's 1987 Gobshite album and 2011 Leeds gig (it will be interesting to see which allegations make the news: '... a gangster, a villain, a murderer, a rapist, a ... paedophile, a necrophiliac, a gerontophiliac, into ... bestiality, hung round with his pals in Broadmoor ...'); (2) Esther Addley, 'Jimmy Savile's Broadmoor role came with a bedroom and keys' (Guardian, 12/10/12); (3) Esther Addley, 'Jimmy Savile police investigate Broadmoor rape claims' (Guardian, 15/10/12); (4) Ether Addley et al, 'Jimmy Savile: nurse's Broadmoor claim adds to 'cascade' of abuse allegations' (Guardian, 11/10/12); (5) Richard Alleyne, 'Sir Jimmy Savile organised all-girl "therapeutic" parties at Broadmoor' (Telegraph, 16/10/12); (6) Larisa Brown, 'Jimmy Savile's older brother sacked from hospital after being accused of raping psychiatric patient' (Daily Mail, 14/10/12). See [[High secure hospital]]

*'''MHA convictions.''' BBC, 'Winterbourne View: Care workers jailed for abuse' (26/10/12). Eleven staff were jailed for offences under s127 Mental Health Act 1983. The article sets out the sentences as follows: (1) Wayne Rogers, 32, of Kingswood, jailed for two years after admitting nine charges of ill-treatment; (2) Alison Dove, 25, of Kingswood, was jailed for 20 months for seven counts of abuse; (3) Graham Doyle, 26, of Patchway, was jailed for 20 months for seven counts of abuse; (4) Nurse Sookalingum Appoo, 59, of Downend jailed for six months for wilfully neglecting patients; (5) Nurse Kelvin Fore, 33, from Middlesbrough, also jailed for six months for wilfully neglecting patients; (6) Holly Laura Draper, 24, of Mangotsfield, pleaded guilty to two charges of abuse and was jailed for 12 months; (7) Daniel Brake, 27, of Downend, pleaded guilty to two charges of abuse and was given a six month jail sentence suspended for two years and ordered to carry out 200 hours of unpaid work; (8) Charlotte Justine Cotterell, 22, from Yate, pleaded guilty to one charge of abuse and was given a four-month jail term suspended for two years. Cotterell was ordered to do 150 hours of unpaid work and complete 12 months supervision; (9) Michael Ezenagu, 29, from Shepherds Bush, west London, admitted two counts of abuse and was given a six month jail sentence suspended for two years and ordered to carry out 200 hours of unpaid work; (10) Neil Ferguson, 28, of Emerson Green, admitted one count of abuse and was given a six month jail term was suspended for two years and ordered to carry out 200 hours of unpaid work; (11) Jason Gardiner, 43, of Hartcliffe, who admitted two charges of abuse, was given a four month jail term was suspended for two years and ordered to carry out 200 hours of unpaid work. See [[MHA 1983 s127]]

*'''MHA convictions.''' Avon and Somerset Police, 'Freedom of Information: Investigations at Winterbourne View Care Home (Investigations/Operations): Question' (17/8/12). This page gives some details of the investigation and prosecution. See [[MHA 1983 s127]]

*'''Lucy Series, 'Strategic litigation by the EHRC' (The Small Places Blog, 26/5/11).''' This article sets out the EHRC's written submissions in the ''RP v UK'' case. See [[RP v UK 38245/08 (2012) ECHR 1796, (2012) MHLO 102]]

==Statistics==
*'''Statistics.''' NHSIC, 'Inpatients formally detained in hospitals under the Mental Health Act 1983, and patients subject to supervised community treatment, Annual figures, England, 2011/12' (24/10/12). Key facts: (1) On the 31st March, 22,267 people were subject to detention or CTO restrictions under The Act in NHS and independent sector hospitals. This represents a 6 per cent increase since the previous year and includes 17,503 people were detained in hospital and 4,764 people subject to a CTO. (2) There were a total of 48,631 detentions in NHS and independent hospitals during 2011/12. This number was 5 per cent (2,283) greater than during the 2010/11 reporting period. Total detentions in independent sector hospitals increased by 21 per cent; a large proportion of this increase was attributable to a 45 per cent increase in uses of Section 2. (3) There were 4,220 CTOs made during 2011/12, an increase of 386 (10 per cent) since 2010/11. The number of CTO recalls increased by 30 per cent and it is estimated that around 70 per cent ended in a revocation (an increase of approximately 10 percentage points since last year). The rise in CTO recalls and revocations may be linked to the 6 per cent reduction (473) in uses of Part II Section 3 of The Act. (4) There were 15,240 uses of place of safety orders (Sections 135 and 136) in hospitals during 2011/12; this figure was 6 per cent (841) greater than during 2010/11. New experimental figures estimate that 8,667 orders were made in hospitals, accounting for at least 37 per cent of all place of safety orders. (5) This report also includes some new experimental analysis on The Act using data from the MHMDS quarterly data submission files as the data source. See [[Statistics]]

==Legal Aid==
*'''Legal Aid update.''' {{pagesummary|Non-means-tested non-tribunal matters}}

==Book==
*'''New book published.''' Richard Jones, ''Mental Health Act Manual'' (15th edn, Sweet & Maxwell 2012). See [[Books]]

==Website/CPD==
*'''The CPD questionnaire for September 2012 is now online.''' Obtain 12 SRA-accredited CPD points online for £60. See [[CPD scheme]]

*'''Discussion list.''' Please subscribe to Mental Health Law Online's new discussion list. This is separate from the email updates list, which remains unchanged. The discussion list covers all aspects of mental health law in England and Wales, from the Mental Health Act 1983 and the Mental Health Tribunal, to the Mental Capacity Act 2005 and the Court of Protection. See [[Discussion]]

*'''Cases.''' On 31/10/12 Mental Health Law Online contained [[Mental health case law|1245 categorised cases]]

*See [[October 2012 chronology]] for this month's changes to the website in date order

==Twitter==
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[[Category:Updates]]