The Government has said that it will appeal against the decision yesterday to strike down its attempt to introduce a residence test for legal aid.
Ruling on a challenge to the test brought by the Public Law Project, in which the Children’s Commissioner intervened, the Administrative Court unanimously concluded yesterday that the draft regulations currently before parliament could not be enacted by secondary legislation. The court further held that the discrimination against those who could not satisfy the residence test could not be justified solely on the grounds of saving money.
The Court of Protection Rules Committee is an ad hoc committee set up by the President of the Court of Protection and chaired by the Vice President. The Committee is to review the Rules in light of recent developments including the Supreme Court judgment in Cheshire West. A previous committee had recommended changes to the Rules in 2010, the majority of which have yet to be implemented; further changes subsequently (including amendments to the Civil Procedure Rules with effect from 1 April 2013) have made the need for changes to the Court of Protection Rules even more pressing. Further updates will be provided as and when possible.
The Department of Health is seeking views on its proposed changes to the Code of Practice to the Mental Health Act 1983. The Consultation runs until 12th September 2014. Chapter 13 deals with mental capacity and considers the overlap between the MHA and MCA.