Prison ‘default’ for mentally ill – BBC News
“Too many people with mental health problems are ending up in prison when what they need is specialist care, a Prisons Inspectorate report suggests.”
BBC News, 23rd October 2007
Source: www.bbc.co.uk
“Too many people with mental health problems are ending up in prison when what they need is specialist care, a Prisons Inspectorate report suggests.”
BBC News, 23rd October 2007
Source: www.bbc.co.uk
“The Mental Health Lawyers Association (MHLA) has launched judicial review proceedings against the Legal Services Commission (LSC) over its decision to introduce a fixed-fee scheme for mental health work.”
Law Society’s Gazette, 4th October 2007
Source: www.lawgazette.co.uk
“A Law Society practice note intended to assist solicitors in advising clients who wish to draw up a Lasting Power of Attorney (LPA), as well as solicitors who are acting as an attorney under an LPA, also covers the ongoing arrangements for Enduring Powers of Attorney.”
Law Society, 24th September 2007
Source: www.lawsociety.org.uk
“A new organisation looking after the interests of some of the most vulnerable people in society starts work on Monday 1 October. The Office of the Public Guardian (OPG), introduced under the Mental Capacity Act 2005, will provide legal protection for thousands of people lacking the mental capacity to make decisions themselves.”
Ministry of Justice, 28th September 2007
Source: www.justice.gov.uk
“This consultation document seeks views on a code of practice and supporting secondary legislation following the introduction of deprivation of liberty safeguards into the Mental Capacity Act 2005 by the Mental Health Act 2007.”
Ministry of Justice, 10th September 2007
Source: www.justice.gov.uk
No entitlement to trial
Regina (Singh) v Stratford Magistrates Court
“Where a hospital or guardianship order was made under section 37(1) of the Mental Health Act 1983, there was no entitlement to a trial under section 37(3). The Queen’s Bench Divisional Court (Lord Justice Hughes and Mr Justice Treacy) so held on July 3, 2007, when dismissing a claim for judicial review by Surat Singh of the decision of a district judge to adjourn his trial for a second psychiatric report with a view to considering making either a hospital or guardianship order under section 37(1) without convicting him accused under section 37(3).”
The Times, 13th August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A high court judge today ordered a review of guidelines on access to anti-dementia drugs, in a landmark ruling that favoured drugs companies and the Alzheimer’s Society.”
The Guardian, 10th August 2007
Source: www.guardian.co.uk
“A serial killer who knifed four people to death within three days has been found dead at Broadmoor Hospital.”
BBC News, 9th August 2007
Source: www.bbc.co.uk
“Campaigners are set to learn if they have won their High Court battle over the availability of Alzheimer’s drugs for people with early-stage disease.”
BBC News, 10th August 2007
Source: www.bbc.co.uk
“New mental health laws do not go far enough, an alliance of 75 organisations working with mentally ill people says.”
BBC News, 6th August 2007
Source: www.bbc.co.uk
R (Singh) v. Stratford Magistrates’ Court
“Where a hospital or guardianship order was made under s 37(1) of the Mental Health Act 1983, there was no entitlement to a trial under s 37(3).”
WLR Daily, 4th July 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Seal v. Chief Constable of South Wales Police
“It was a mandatory requirement to obtain the leave of the High Court, pursuant to s 139(2) of the Mental Health Act 1983, before bringing civil proceedings in respect of any act purporting to be done in pursuance of that Act, and proceedings issued without obtaining such leave first were rendered a nullity.”
WLR Daily, 4th July 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
When permission is required before issuing legal proceedings
Seal v Chief Constable of South Wales Police
House of Lords
“A claim brought in respect of an act purporting to be done under the powers of the Mental Health Act 1983 was a complete nullity if the claimant had failed to obtain the leave of a High Court judge under section 139(2) of that Act before issuing proceedings.”
The Times, 5th July 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication
“A man who claims he was turned into a killer by the trauma that he suffered in the Ladbroke Grove rail crash began an unprecedented claim for £300,000 in compensation yesterday.”
The Times, 26th June 2007
Source: www.timesonline.co.uk
“A government U-turn tomorrow will herald huge improvements in mental health treatment for young people. In a series of compromise changes to its controversial Mental Health Bill, the Government will curb the use of electroconvulsive therapy (ECT) on teenagers and ensure they do not have to share wards with adults, who are often disturbed and dangerous.”
The Independent, 17th June 2007
Source: www.independent.co.uk
“The government will agin try to push through powers to detain mentally ill people in England and Wales who have not committed crimes.”
BBC News, 17th June 2007
Source: www.bbc.co.uk
“Making arrangements to obtain legal authority to deal with the financial affairs of a loved one suffering from mental incapacity will become much more complicated following a change in the law later this year, a leading solicitor said yesterday.”
Daily Telegraph, 17th June 2007
Source: www.telegraph.co.uk
“Victims will be warned when their mentally ill attackers are to be released from custody, and will be allowed to make representations about their discharge, under plans unveiled by the government yesterday as it offered a spate of amendments to resolve a nine-year wrangle over new mental health laws.”
The Guardian, 14th June 2007
Source: www.guardian.co.uk