Call for Evidence – Mental Capacity Act 2005

The House of Lords Committee appointed to consider and report on the Mental Capacity Act 2005 has now published its call for evidence. The Committee welcomes all views from experts and those with first-hand experience of the Act. The deadline for submissions is 2 September 2013. The full text of the call for evidence can be viewed here.



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Consultation on proposal to amend the Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

Consultation on proposal to amend the Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

The Tribunal Procedure Committee (TPC) is conducting a consultation exercise to seek views on proposed amendments to the Health, Education and Social Care Rules.

The TPC is proposing to amend rule 34 which re-enacts rule 11 of the Mental Health Review Tribunal Rules 1983. This requires that there must be a medical examination of the patient by the medically-qualified member of the tribunal before the case is heard.

The proposal is that the requirement for a medical examination should be relaxed and made discretionary. However, it is proposed that there should normally be medical examinations in cases where a patient is detained for assessment under section 2 of the Mental Health Act 1983 and that there should be a duty placed on hospitals to make medical records available to the First-tier Tribunal in all cases.

The consultation paper details the proposed changes and the rationale. The paper and a response questionnaire (should you wish to use it) can be found on the TPC website at:
http://www.justice.gov.uk/about/tribunal-procedure-committee/ts-committee-open-consultations

The purpose of the TPC is to make rules governing the practice and procedure in the First–tier Tribunal and Upper Tribunal created by the Tribunals Courts and Enforcement Act 2007. If you are from UK you might be interested in playing in playing bingo while you are the Awards. Have a look at this foxy bingo or gala bingo websites to play bingo games online for free.
The Committee is guided by the following principles:
 to make the rules as simple and streamlined as possible;
 to avoid unnecessarily technical language;
 to enable tribunals to continue to operate tried and tested procedures which have been shown to work well; and
 to adopt common rules across tribunals wherever possible, so that rules specific to a chamber or a tribunal are permitted only where there is a clear and demonstrated need for them.

With these principles in mind, we welcome written feedback on the proposed amendments. Please respond by email to tpcsecretariat@justice.gsi.gov.uk, by letter to the above address, or by completing the questionnaire on the website.

The consultation closes on Tuesday 10th September 2013. Whilst the TPC will consider all responses received by the closing date, it would greatly assist the Committee to have responses before then if possible.

We look forward to receiving your comments and hearing your views on the draft rules.

Yours faithfully,

Julie McCallen
Secretary, Tribunal Procedure Committee

CoPPA Seminar – 3rd July, York

CoPPA Seminar
“Best interest assessment – a practitioners perspective”

3rd July 2013 – Langleys solicitors, Queens House, Micklegate, York, YO1 6WG.

Registration 5pm.

Speaker’s Profile;

Alwyn Davies

In his substantive post, Alwyn is a senior Local Social Services Authority manager with lead responsibility for the provision of the Approved Mental Health Professional service. He is a practicing Social Worker, Approved Mental Health Professional, Best Interests Assessor and Safeguarding Adults Manager.

Outside of his substantive post Alwyn is the Module Leader of the ‘Practice of Best Interests Assessor’ programme at Leeds Metropolitan University. Additionally he is currently a tutor on the Section 12(2), Approved Clinician and Mental Health Assessor programmes for both the Yorkshire and the East Midlands area and the Royal College of Psychiatrists, and is a current panel member of the Section 12(2) and Approved Clinician Approval Board.

Alwyn is an experienced BIA and AMHP practitioner with thirty-plus years of experience in social work and education. As well as being an AMHP manager for a LSSA, Alwyn has been a member of several DoH Mental Capacity Act development groups regarding the implementation of the DoLS processes. He regularly chairs Best Interests Decision Meetings and has appeared in the Court of Protection regarding issues of mental capacity, best interests, and deprivation of liberty.

Booking Details:

To attend, please complete the slip below and return to CoPPA Secretary, Jane Leadbetter, Brearleys Solicitors, 1 Brunswick Street, Batley, West Yorkshire WF17 5DT

Yes I would like to attend the CoPPA meeting on 3rd July, 5pm, @Langley’s, York.
I enclose a cheque made payable to CoPPA Yorks for £5 per attendee

Name……………………………………….. Position and Organisation ………………………………………
Email address……………………………………………………

MHLA, Introduction to the Court of Protection – 8th July, London

NEW MHLA COURSE

Introduction to the Court of Protection

8th July 2013 – City Temple, London

Sophy Miles
Floyd Porter

The MHLA is pleased to present this new highly practical one day course, aimed at experienced mental health practitioners who are interested in expanding into Court of Protection work. Presented by two experienced Court of Protection lawyers, it will cover:

9.30am-10.00am Registration & Coffee/tea

10.00am-11.30am

Overview of Mental Capacity Act.

Jurisdiction of the Court of Protection:

• Types of cases
• Who should apply

11.30am-11.45am Coffee/tea

11.45am- 1.00pm

Procedure and Funding in the COP:

• Using the Rules effectively
• Legal aid

1.00pm-2.00pm Lunch

2.00pm-3.00pm

Financial applications

3.00pm- 3.15pm Coffee/tea

3.15pm-4.30pm

Article 5 issues:

• Deprivation of Liberty Safeguards and appeals
• Interface with MHA

4.30pm Questions and contributions

5.00pm Close

Please click here for the booking form.

MHLA, NW Regional Meeting – 5th June, Manchester

All members are invited to the third meeting of the North West Area MHLA

Date: Wednesday, 5th June

Time: 4.30-6.00pm

Venue: Kenworthy’s Chambers, Arlington House, Bloom Street, Salford, Manchester M3 6AJ

Tel: 0161 832 4036. Please click here for location details.

CPD Points: 1.5

CPD Ref: 2647/MHTA

Topic At the meeting we are looking to discuss new changes to the Tribunal process and practice directions.

The meeting will carry 1.5 hours CPD, however this is unfortunately not relevant for barristers.

The meeting will continue beyond 6.00pm if people wish to have discussions in the excellent pub opposite chambers.

There will be refreshments of drinks and biscuits.

Please can you RSVP as soon as possible to Kathryn Gibson at KGibson@alfrednewton.com, so that we have an indication of numbers we are catering for.

The meeting is free and open to all MHLA members.

Seventh North East Mental Health Law Conference

The Seventh North East Mental Health Law Conference

Friday 12 July 2013, City Campus East, Northumbria University, Newcastle upon Tyne

Issues to be covered include:

A review of recent significant decisions of both the Upper Tribunal (Administrative Appeals Chamber) and the Administrative Court;

A consideration of the implications for the application of mental health law in England & Wales of (1) important decisions emanating from the European Court of Human Rights and (2) the UN Convention for the Protection of the Rights of Persons with Disabilities;

An examination of legal and other issues arising as a consequence of the Approved Clinician role being open to a wide range of professionals;

An analysis of the statutory safeguards applicable to the care and treatment of children and young people with mental health problems;

An alternative interpretation of the caselaw which has addressed the all-important question ‘What is a Deprivation?’, as anticipation increases about the approach to be taken by the Supreme Court towards the end of the year;

A reflection on the general direction of mental health law.

Although the programme is packed, there will be opportunities for those attending to ask questions and to make comments, not only about issues arising from the various talks but also on other matters of relevance to a mental health law conference. A ‘Panel Discussion’ has been scheduled for the final session.

The conference carries 6 hours cpd and costs £240, with an early bird cost of £190 for those booking by 31st May.

Please contact maureen.cooke@northumbria.ac.uk for further details or click here for the brochure and booking form.

MHLA Courses, 21st June 2013, Bath

MHLA TEACHING PROGRAMME – SOUTH WEST REGION

21 June 2013

Carfax Hotel, 13 – 15 Great Pulteney Street, Bath BA2 4BS

Course 1:

Psychiatric Diagnoses, Medication and Representing Patients

Programme

9.30am Registration and Coffee

10.00am Nick Lewis – Welcome

10.15am Tam Gill – Why does diagnosis matter and what to look out for in preparing your case – Legal Perspective and Pointers

10.45am Dr Richard Noon – Common psychiatric diagnoses and symptoms

11.45am Coffee

12.00pm Dr Richard Noon – Psychiatric medication, side effects and compliance monitoring

1.00pm Nick Lewis, Dr Richard Noon , Tam Gill Open Discussion – Cross-examining medical witnesses, Tribunal preparation and submissions in relation to diagnosis and treatment

1.30pm End of Course

Course 2:

‘Risk’ and Tribunals

Programme

2.00pmRegistration and Coffee

2.15pm Nick Lewis – Welcome

2.30pm Tam Gill – Medical Records – why look at them & how to interpret medical records

3.00pm Dr Richard Noon:
1) Introduction – what is Risk and why does the Tribunal concern itself with Risk?
2) The ‘3 limbs of Risk’ – what issues and factors does the Tribunal consider, and why?
3) Appropriate Medical Treatment

4.00pm Coffee

4.15pm Dr Richard Noon (continued)

5.15pm Nick Lewis, Richard Noon, Tam Gill – Open Discussion – Cross-examining medical witnesses, Tribunal preparation and submissions in relation to medical evidence

6.00pm End of Course

Speaker Biographies

Tam Gill– Principal Solicitor, Gledhill Solicitors, Brighton. Law Society Mental Health Panel Assessor, Legal Aid Agency Independent Costs Adjudicator, Associate Hospital Manager, CQC Mental Health Act Commissioner, facilitator of MHLA Training Sub-committee

Dr Richard Noon – Consultant Forensic Psychiatrist and Clinical Director for Sussex Partnership NHS Foundation Trust. Medical Member of Mental Health Tribunal and National Trainer for Tribunal members

Nick Lewis – Partner, Gaskell & Walker Solicitors, Bridgend. Legal Member of MHRT Wales. Vice-Chair of MHLA

Please click here for the booking form.

New Rates for Experts Fees

New maximum rates for experts came into force on 1 April 2013

The changes apply to work carried out by experts in all civil, family and crime work with a case start date or representation order date of on or after 1 April 2013.

The rate changes are being made under the:

•Civil Legal Aid (Remuneration) Regulations 2013
•Criminal Legal Aid (Remuneration) Regulations 2013

Maximum rates for experts have been in place since October 2011. But the 2013 Remuneration Regulations will introduce changes to some of the rates from April 2013, including:

•removing the London/non-London rate differentials for many of the expert types
•introducing a new higher rate for surveyors working in housing disrepair matters
The existing rates will continue to apply to cases started after 3 October 2011 but before 1 April 2013.

Please click here for full details. The new rates can be found in SCHEDULE 5.

The main changes affecting Mental Health are that the hourly rate for psychiatrists has been increased in London from £90 to £135 and Psychologists are now at £117. There is no reference to social workers.