October 2016 chronology

See October 2016 update for a thematic summary of these changes.

• 26/10/16 (1): Government website: Queen's Bench Masters List for 27/10/16. A further hearing in the John Blavo case will be heard on 27/10/16, before Master Kay QC in RCJ room E121 at 2pm. Summary of the previous judgment: Lord Chancellor v John Blavo [2016] EWHC 126 (QB), [2016] MHLO 6 — There was a strongly arguable case that John Blavo was party to an arrangement whereby false claims were submitted to the LAA in many thousands of cases, there was evidence of a less than scrupulous approach to his duty of disclosure to the Court, and evidence of a recent attempt improperly to put property beyond the reach of the Lord Chancellor. Taking these matters together there was a real risk that any judgment would go unsatisfied because of disposal of assets. Given the sums of money involved and the admitted financial difficulties it was just and convenient in all the circumstances to continue the freezing order. (The precursor to the official investigation was an audit during which 49 files were passed to the LAA's counter-fraud team, whose conclusions included: "In respect of 42 of these 49 files HMCTS have confirmed that they have no record of there having been tribunal proceedings either in respect of the individual client or on the date when the file indicates...Following this, the LAA made inquiries of the NHS on a selection of files among the 42 that had no tribunal hearing and the NHS confirmed that they have no records relating to 16 of the clients... After completing this analysis the Applicant undertook a further comparison of all mental health tribunal claims against the HMCTS system. As a result of this analysis, it was found that the Company had submitted a total of 24,658 claims for attendance at tribunals of which 1485 (6%) tribunals were recorded by HMCTS as having taken place... After visiting the Company's Head Office and requesting documentation from the Company and the Respondent, the LAA team used an electronic sampling tool to randomly select 144 cases for further investigation, across the last three complete financial years. Only 3% could be evidenced from HMCTS records...")

• 19/10/16 (1): First edition of the International Journal of Mental Health and Capacity Law (October 2016). The articles in this edition are: — Seismic Shifts: reconfiguring 'capacity' in law and the challenges of Article 12 of the United Nations Convention on the Rights of Persons with Disability (Rosalind F Croucher) — With and Without 'Best Interests': the Mental Capacity Act 2005, the Adults With Incapacity (Scotland) Act 2000 and constructing decisions (Alex Ruck Keene, Adrian D Ward) — When is a Voluntary Patient not a Voluntary Patient? An examination of the degree to which the Irish courts have sought to engage with the jurisprudence of the European Court of Human Rights, in relation to the treatment and detention of voluntary or 'informal' patients (Hope Davidson) — Can the use of the Mental Health Act be the 'least restrictive' approach for psychiatric in-patients? (Beth Ranjit) — No longer 'anomalous, confusing and unjust': the Mental Capacity Act (Northern Ireland) 2016 (Colin Harper, Gavin Davidson, Roy McClelland). See International Journal of Mental Health and Capacity Law

• 18/10/16 (1): CQC, 'The state of health care and adult social care in England 2015/16' (13/10/16). The State of Care page on the CQC website also contains Summary, "Easy to read" and other documents. See Care Quality Commission#CQC - State of Care

• 12/10/16 (2): After-care case. Richards v Worcestershire County Council [2016] EWHC 1954 (Ch), [2016] MHLO 43 — Click on link to view page.§

• 12/10/16 (1): Job advert. Ben Hoare Bell, Newcastle - Court of Protection solicitor. The closing date is 31/10/16. See Jobs

• 09/10/16 (4): Alex Ruck Keene, 'Legal aid for historic human rights breaches in the CoP' (Court of Protection Handbook, 7/6/16). This web page notes that, after permission to apply for judicial review was granted, the LAA conceded that the correct statutory interpretation of LASPO 2012 is that legal aid funding is available to 'P' to bring a claim for damages under the Human Rights Act, within the Court of Protection, not only ongoing but also for historic breaches. See Legal Aid#Court of Protection

• 09/10/16 (3): Reporting restriction order case. UCL Hospitals NHS Foundation Trust v G [2016] EWCOP 28, [2016] MHLO 40 — Click on link to view page.§

• 09/10/16 (2): Reporting restriction order case. M v Press Association [2016] EWCOP 34, [2016] MHLO 39 — Click on link to view page.§

• 09/10/16 (1): Peer review guidance with changes highlighted. A document highlighting the changes between v3 and v4 is now available. See Peer review#External links

• 07/10/16 (2): LPA case. Miles v The Public Guardian [2015] EWHC 2960 (Ch), [2015] MHLO 139 — "I have before me two appeals from decisions of Senior Judge Lush sitting in the Court of Protection, one in a case called Re Miles and one in a case called Re Beattie in both of which he was concerned with lasting powers of attorney either for property and financial affairs or for health and welfare matters. In each case the former power of attorney had been drafted by the same solicitor and contained provisions which the Judge was asked to rule on, as to whether they were effective."§

• 07/10/16 (1): Ministry of Justice case. R (Lee-Hirons) v SSJ [2016] UKSC 46, [2016] MHLO 38 — Click on link to view page.§

• 06/10/16 (2): New edition of book. Richard Jones, Mental Health Act Manual (19th edn, Sweet & Maxwell 2016)·

• 06/10/16 (1): Legal Aid Agency, 'Improving Your Quality In Mental Health' (v4, dated July 2016, published 29/9/16). See Peer review

• 05/10/16 (3): Edge Training: Deprivation of liberty in children and young people - London, 5/12/16 — No results

• 05/10/16 (2): Edge Training: Hoarding and the law - London, 28/11/16 — No results

• 05/10/16 (1): ‎Edge Training: Deprivation of liberty in the community - London, 25/11/16 — No results

• 02/10/16 (1): Inherent jurisdiction case. Re FD (Inherent Jurisdiction: Power of Arrest) [2016] EWHC 2358 (Fam), [2016] MHLO 37 — Click on link to view page.§