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Legal newsletter March 2017

Justice system reforms

The Government has published a number of consultations about changes to the courts and tribunals services. The Review of the Introduction of Fees in the Employment Tribunals closes on 14 March 2017.

The Government's response to the Five Year Forward View for Mental Health

On 9 January the government released its response to the Mental Health Taskforce's report "The Five Year Forward view for Mental Health".

Policing and Crime Act 2017

The Policing and Crime Act 2017 makes some key changes to the police powers set out in sections 135 and 136 of the Mental Health Act 1983, including in relation to detention time limits and places of safety.

Monitoring the Mental Health Act 2015/2016 report

The Care Quality Commission's annual report on the use of the Mental Health Act looks at how providers are caring for patients, and whether patient's rights are being protected.

Appellant v The Commissioners for Her Majesty's Revenue and Customs [2017] UKFTT 839 (TC)

The First Tier Tribunal has allowed an appeal against a taxpayer's late payment penalties and surcharges due to her mental health problems.

Herry v Dudley Metropolitan Council UKEAT/0100/16/LA

The Employment Appeal Tribunal considers when depression/anxiety can constitute a mental impairment for the purposes of the Equality Act.

R (OK) v First Tier Tribunal [2017] UKUT 22 (AAC)

A solicitor's application for discharge on behalf of a person who lacked capacity to do so themselves was struck out.

R. v Jefferson (Andrew Paul) [2016] EWCA Crim 2023

A Criminal appeal upholds a decision to use section 45A of MHA rather than section 37/41 MHA.

SSJ v Staffordshire CC and Ors [2016] EWCA Civ 1317

The Court of Appeal upheld the decision in SRK that a deprivation of liberty in a privately-arranged care regime must still be authorised by the Court of Protection until and unless an alternative regime for authorisation is in place.

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