View source for September 2012 update

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

==Cases==
*'''UT case.''' {{pagesummary|CNWL NHS Foundation Trust v HJ-H (2012) UKUT 210 (AAC), (2012) MHLO 88}}

*'''Capacity case.''' {{pagesummary|Re KK; CC v KK (2012) EWHC 2136 (COP), (2012) MHLO 89}}

*'''Capacity case.''' {{pagesummary|Re SK (2012) EWHC 1990 (COP), (2012) MHLO 98}}

*'''Best interests (medical) case.''' {{pagesummary|NHS Trust v Baby X (2012) EWHC 2188 (Fam), (2012) MHLO 99}}

*'''Costs case.''' {{pagesummary|Re T (Children) (2012) UKSC 36, (2012) MHLO 100}}

*'''LPA case.''' {{pagesummary|Re Gunn (2012) MHLO 97 (LPA)}}

*'''LPA case.''' {{pagesummary|Re Burdock (2012) MHLO 96 (LPA)}}

*'''LPA case.''' {{pagesummary|Re Krajicek (2012) MHLO 95 (LPA)}}

*'''LPA case.''' {{pagesummary|Re Dowden (2012) MHLO 94 (LPA)}}

*'''LPA case.''' {{pagesummary|Re Sheppard (2012) MHLO 93 (LPA)}}

*'''LPA case.''' {{pagesummary|Re Kerron (2012) MHLO 92 (LPA)}}

*'''LPA case.''' {{pagesummary|Re Darlison (2012) MHLO 91 (LPA)}}

*'''LPA case.''' {{pagesummary|Re Norris (2012) MHLO 90 (LPA)}}

*'''LGO decision.''' {{pagesummary|LGO decision: Kent County Council 10 012 742 (2012) MHLO 102}}

*'''LGO decision.''' {{pagesummary|LGO decision: Kent County Council 11 001 504 (2012) MHLO 101}}

==Articles, blogs and newsletters==
*'''39 Essex Street, 'Court of Protection Newsletter' (issue 24, August 2012).''' The cases mentioned in this issue are: Munjaz v UK 2913/06 [2012] MHLO 79 (ECHR) — XCC v AA [2012] EWHC 2183 (COP), [2012] MHLO 80 — Re SK [2012] EWHC 1990 (COP), [2012] MHLO 98 — NHS Trust v Baby X [2012] EWHC 2188 (Fam), [2012] MHLO 99 — Re T (Children) [2012] UKSC 36, [2012] MHLO 100 — LGO decision: Kent County Council 11 001 504 [2012] MHLO 101 — LGO decision: Kent County Council 10 012 742 [2012] MHLO 102 — Re Steven Neary; LB Hillingdon v Steven Neary [2012] MHLO 71 (COP). See [[39 Essex Street COP Newsletter]]

*'''Martin Beckford, 'Judge says religious couple's brain-damaged baby can be allowed to die' (Telegraph, 31/7/12).''' See [[NHS Trust v Baby X (2012) EWHC 2188 (Fam), (2012) MHLO 99]]

*'''Moira Sofaer, 'Can the Court Protect Vulnerable Adults who have Capacity?' (Family Law Week, 27/9/12.''' See [[DL v A Local Authority (2012) EWCA Civ 253, (2012) MHLO 32]]

*'''Jerome Taylor, 'Huge spike in use of controversial new 'deprivation of liberty' orders despite critics arguing they are not fit for purpose' (Independent, 18/7/12).''' See [[DOLS#Other links]]

*'''Mark Neary, 'Pay Back Time?' (Love, Belief and Balls Blog, 12/9/12).''' In this blog post, Mark Neary states that the effect of the London Borough of Hillingdon's decision to cease paying Housing Benefit will be that from 16/10/12 he and his son Stephen will no longer be able to live together in the borough. See [[Re Steven Neary; LB Hillingdon v Steven Neary (2012) MHLO 71 (COP)]]

*'''Nina Lakhani, 'NHS watchdog claimed that whistleblower Kay Sheldon was "mentally ill"' (Independent, 15/8/12).''' See [[Care Quality Commission]]

*'''Andy McNicoll, 'CQC chief "sorry" for "very personal" comments on whistleblower's mental health' (Community Care, 12/9/12).''' See [[Care Quality Commission]]

==Legal Aid==
*'''Legal Aid forms.''' The following Legal Aid forms relevant to mental health law are being updated from 1/10/12: CLSAPP1 (application for Legal Aid certificate), CLSMEANS1 (financial assessment form), MEANS1P (supplementary means assessment form for completion by prisoners), CLSMEANS2 (financial assessment form). All forms signed and dated on or after 1/10/12 must be new versions. Old forms signed before that date will be accepted until 30/10/12. New means assessment forms may be used immediately. See LSC, 'Masterpack Forms Change Guide October 2012' (28/9/12). See [[Legal Aid forms]]

*'''Legal Services Commission, 'Guidance on the use of agents' (10/10/11).''' This document sets out the LSC's interpretation of the Standard Civil Contract 2010 that a firm with a high secure hospital contract may do the following, either separately or in combination: (1) use agents to allow firms without HSH contracts to represent HSH patients, or (2) use 30% of their own HSH matter starts at HSHs for which they do not have a contract. See [[Legal Aid]]

==Academic==
*'''Mental Health Foundation, 'Mental Capacity and the Mental Capacity Act 2005 - A literature review' (August 2012).''' Their summary: 'This literature review was carried out to collate academic literature relating to mental capacity issues and to the implementation of the Mental Capacity Act 2005. Mental capacity is the ability to make one’s own decisions. The Mental Capacity Act (MCA), which came into force in 2007 and covers England and Wales, provides a statutory framework for supporting people to make decisions for themselves wherever possible as well as processes and safeguards for decision-making involving people who lack capacity to make their own decisions because of illness, injury or disability. This review has collated a broad range of literature investigating various issues relating to mental capacity and the implementation of the MCA with the aim of identifying consistent themes, problem areas and any gaps in the existing literature. The largest proportion of literature relating to the MCA in England and Wales relates more specifically to issues with older people and people who have dementia.' See [[Mental Capacity Act 2005 Overview#Other external links]]

==Statistics==
*'''Ministry of Justice, 'Annual Tribunals Statistics, 2011-12: 1 April 2011 to 31 March 2012' (28/6/12).''' The following paragraphs, together with their associated tables, are relevant to mental health: (1) 23. The adjournment and postponement rates for Mental Health have remained at the same levels as 2010-11 (but had previously fallen probably as a result of improved case management processes). In 2011-12, the adjournment rate was 7%, whilst that for postponements was 13%. (2) 25. Of the 222,900 total jurisdictional sitting days, 72% were for fee-paid judiciary and 28% were for salaried judiciary. The ratio of fee-paid to salaried judiciary varies by jurisdiction. In 2011-12, 97% of judicial sitting days for Mental Health were for fee-paid judiciary, whilst this was 15% for the Asylum Support tribunal. (3) 40. For the Mental Health jurisdiction, the time from receipt to disposal has been examined for the three main case types. Unfortunately, the reporting system is not able to produce analysis by single week of age, thus there is some inaccuracy regarding the median and lower and upper quartiles. 41. Given the statutory requirement for Section 2 cases to be listed within 7 days of receipt, it is not surprising that this type of case has the shortest clearance times. The waiting times have reduced when compared with previous periods due to improvements made in administrative processes. See [[Statistics#Annual Tribunal Statistics]]

*'''NHSIC, 'Guardianship under the Mental Health Act 1983 - England 2012' (18/9/12).''' Key facts: (1) The number of new Guardianship cases fell by 5 per cent between 2010/11 and 2011/12 from 347 to 331 cases. This is a much smaller reduction than between the previous two reporting years, which saw a notable fall of 21 per cent, possibly attributable to the introduction of new Mental Capacity Act Deprivation of Liberty Safeguards and Community Treatment Order legislation. The number of new cases in 2011/12 was 31 per cent lower than in 2002/03 when 477 new cases were reported. (2) This is the seventh consecutive decrease in the numbers of continuing cases. The number of cases continuing at the end of the year decreased by 26 per cent (from 923 in 2002/03 to 682 in 2011/12). The number of cases closed during the reporting year was 357; a decrease of 33 per cent since 2002/03 from 534. See [[Statistics]]

*'''NHSIC, 'Mental Capacity Act 2005, Deprivation of Liberty Safeguards assessments - England, 2011-12, Third report on annual data' (17/7/12).''' Key facts: (1) There has been a year-on-year increase in the number of applications completed for Deprivation of Liberty Safeguards (DoLS) since the safeguards were first introduced in 2009/10. There were 11,393 applications in 2011/12, which represents a 27per cent increase on the 8,982 in 2010/11 and a 59 per cent increase on the 7,157 applications in 2009/10 (the first year of the new safeguards). (2) The number of people subject to a standard authorisation at the end of the quarter had increased each quarter since the safeguards were introduced, from 536 at the end of June 2009 to 1,976 at the end of December 2011. However, between the end of December 2011 and March 2012 the numbers decreased by 16 per cent, the first fall in numbers seen. (3) Dementia accounted for 53 per cent of all applications and this is reflected in the age profile of people who are the subject of DoLS applications. (4) Fifty-eight per cent of applications relate to people over 74 and the population-based rate of applications is much higher for over 74s and over 84s. For the over 84s the application rate is 25 in 10,000. This compares to 12 in 10,000 for 75-84 year olds, 3 in 10,000 for 65-74 year olds and just 1 in 10,000 for 18-64 year olds (working-age adults). (5) There are wide variations in population-based application rates by region. The East Midlands has the highest rate of applications at 51 per 100,000, whilst London had the lowest rate at just 17 per 100,000. These compare to a rate for England as a whole of 28 per 100,000.

*'''NHSIC, 'Bi-annual analysis of Mental Capacity Act 2005, Deprivation of Liberty Safeguards Assessments (England) - October 2011 - March 2012' (12/6/12).''' Key facts: The figures show that between 01 October 2011 and 31 March 2012: (1) 5,933 authorisation requests were completed. 4,255 (71.7 per cent) were received by LAs and 1,678 (28.3 per cent) were received by PCTs. (2) 3,277 (55.2 per cent) of the completed requests resulted in an authorisation. - 2,400 (56.4 per cent) of the assessments received by a LA resulted in an authorisation. - 877 (52.2 per cent) of the assessments received by a PCT resulted in an authorisation. (3) Of the total assessments completed, a slightly higher proportion was for females 3,190 (53.8 per cent) than males 2,743 (46.2 per cent). (4) At the end of the reporting period, 31 March 2012, 1,667 people were subject to a current standard authorisation. 1,421 (85.2 per cent) followed a granted LA authorisation and 246 (14.8 per cent) followed a granted PCT authorisation. See [[Statistics]]

==Scotland==
*'''Scottish Law Commission, 'Discussion Paper on Adults with Incapacity' (discussion paper 156, 31/7/12).''' Consultation from 31/7/12 to 31/10/12. Extract from news release: 'The main questions raised by the Discussion Paper are: (1) Is Scots law as it currently stands adequate to meet the requirements of the European Convention in this area? and (2) If not, how should it be changed? In particular, there is a need to decide if there should be a new procedure for authorising deprivation of liberty in residential care for adults with incapacity. If there should, what should that process be? And, very importantly, what sorts of care and what type of facilities should be regarded as involving deprivation of liberty for those who live there?' See [[Consultations#Scotland]]

==Wales==
*'''MHRT Wales application form uploaded.''' See [[Tribunal forms]]

==Southern Ireland==
*'''Harry Kennedy, '"Libertarian" groupthink not helping mentally ill' (Irish Times, 12/9/12).''' See [[Southern Ireland]]

==Website/CPD==
*'''CPD scheme.''' The July 2012 and August 2012 CPD questionnaires are now available. Obtain 12 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]]

*'''Kindle.''' You can now receive monthly updates delivered automatically to your Kindle e-reader. See [[Kindle updates]]

*'''Cases.''' On 30/9/12 Mental Health Law Online contained [[Mental health case law|1237 categorised cases]]

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

==Twitter==
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