The National Mental Health and Escape Case team has now extended the ‘Reject Fix’ facility to include Escape Cases. This facility is a method by which you can contact the Legal Aid Agency to submit details of claims you consider have been rejected incorrectly. The facility for Escape cases will open from Tuesday 28th August 2013 and you are requested that as much information be included in your submission in order that we can investigate the circumstances thoroughly. The email address for your submissions is firstname.lastname@example.org
Consultation for the Law Commission’s 12th Programme of Law Reform
The Law Commission is seeking ideas for law reform projects for its new work programme. It is seeking help from practitioners to identify areas of the law that would benefit from reform.
The consultation will decide which areas of law the Commission will review over the next three or four years, and provides an opportunity for organisations and individuals to ask it to examine specific issues that might be causing concern. While you are here have a look at europa casino if you want to play casino games for free or or party bingo if you are looking to play bingo games online for free through party bingo and europ casino websites.
Details of the consultation are available on the Law Commission’s website (www.lawcom.gov.uk), along with the questionnaires that are used to submit project proposals.
The closing date for proposals is 31 October 2013.
There is an article on the Guardian’s website about the legal aid cuts.
The full text of the article can be viewed here.
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.
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:
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 email@example.com, 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.
Secretary, Tribunal Procedure Committee
“Best interest assessment – a practitioners perspective”
3rd July 2013 – Langleys solicitors, Queens House, Micklegate, York, YO1 6WG.
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.
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 ………………………………………
NEW MHLA COURSE
Introduction to the Court of Protection
8th July 2013 – City Temple, London
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
Overview of Mental Capacity Act.
Jurisdiction of the Court of Protection:
• Types of cases
• Who should apply
Procedure and Funding in the COP:
• Using the Rules effectively
• Legal aid
3.00pm- 3.15pm Coffee/tea
Article 5 issues:
• Deprivation of Liberty Safeguards and appeals
• Interface with MHA
4.30pm Questions and contributions
Please click here for the booking form.
All members are invited to the third meeting of the North West Area MHLA
Date: Wednesday, 5th June
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.
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 firstname.lastname@example.org for further details or click here for the brochure and booking form.
MHLA TEACHING PROGRAMME – SOUTH WEST REGION
21 June 2013
Carfax Hotel, 13 – 15 Great Pulteney Street, Bath BA2 4BS
Psychiatric Diagnoses, Medication and Representing Patients
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
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
‘Risk’ and Tribunals
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
4.15pm 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
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.