Munchausen, MMR and mendacious “warrior mothers” – UK Human Rights Blog

‘A Local Authority and M (By his litigation friend via the Official Solicitor) v E and A (Respondents) [2014] EWCOP 33 (11 August 2014). And now the Court of Protection has published a ruling by Baker J that a a supporter of the discredited doctor Andrew Wakefield embarked on an odyssey of intrusive remedies and responses to her son’s disorder, fabricating claims of damage from immunisation, earning her membership of what science journalist Brian Deer calls the class of “Wakefield mothers.” ‘

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UK Human Rights Blog, 15th October 2014

Source: http://ukhumanrightsblog.com

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Denial of legal aid in Court of Protection cases “a false economy”, says judge – Local Government Lawyer

‘Denying individuals legal aid for complex Court of Protection cases is a false economy, a High Court judge has warned.’

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Local Government Lawyer, 8th October 2014

Source: www.localgovernmentlawyer.co.uk

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Claimants apply to Court of Appeal over approach to deprivation of liberty cases – Local Government Lawyer

‘An application has been made to the Court of Appeal for leave to appeal two key parts of a ruling by the President of the Court of Protection that was intended to streamline the handling of deprivation of liberty cases after the Cheshire West judgment.’

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Local Government Lawyer, 30th September 2014

Source: www.localgovernmentlawyer.co.uk

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Court of Protection judge slams council for depriving autistic woman of her liberty – Local Government Lawyer

‘A judge has accused a county council of “a systemic failure” in a strongly-worded ruling in which he found the authority to have wrongfully deprived a 19-year-old autistic woman of her liberty and breached her human rights.’

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Local Government Lawyer, 24th September 2014

Source: www.localgovernmentlawyer.co.uk

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Best Interests Reviewed: United Lincolnshire Hospitals NHS Trust v N [2014] EWCOP 16 – No. 5 Chambers

Posted September 24th, 2014 in Court of Protection, health, medical ethics, medical treatment, news by sally

‘This recent case in the Court of Protection considered best interests in the context of a minimally conscious patient and whether it was lawful for the applicant trust to cease making further efforts to maintain artificial nutrition.’

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No. 5 Chambers, 18th September 2014

Source: www.no5.com

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NHS Trust 1 and another v FG – WLR Daily

Posted September 9th, 2014 in consent, Court of Protection, health, law reports, medical treatment, mental health by sally

NHS Trust 1 and another v FG [2014] EWCOP 30; [2014] WLR (D) 384

‘Where a person lacked capacity to consent to proposed obstetric treatment, an NHS trust should make an application to the court: (1) where medical intervention proposed in the delivery of a baby amounted to serious medical treatment; (2) where there was a real risk of possible use of more than transient forcible restraint; (3) where there was a serious dispute as to what obstetric care was in the person’s best interests; and (4) where the proposed obstetric care and/or the proposed measures used to facilitate it would amount to a deprivation of liberty. That guidance was not intended to restrict the cases where trusts made an application to the court to only those cases which fell within those categories; it had always to remain open to trusts to make an application to the court if the individual circumstances of the case justified it.’

WLR Daily, 28th August 2014

Source: www.iclr.co.uk

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A practical approach to advising vulnerable clients – The Future of Law

‘A vulnerable person is anyone aged 18 and over who needs assistance because of mental or other disability, age or illness, is unable to take care of him or herself and is unable to protect themselves against significant harm or exploitation.’

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The Future of Law, 5th September 2014

Source: www.blogs.lexisnexis.co.uk

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Court of Protection Update (August 2014) – FAmily Law Week

Posted August 21st, 2014 in consent, Court of Protection, mental health, news by tracey

‘In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on developments in the law concerning capacity to consent to sexual relations.’

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Family Law week, 20th August

Source: www.familylawweek.co.uk

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In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) – WLR Daily

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) [2014] EWCOP 25; [2014] WLR (D) 376

‘Guidance given on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

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Claimant wins case over personal injury damages and social care charging policy – Local Government Lawyer

‘A council’s charging policy for social care services has been found unlawful because it took account of capital derived from a claimant’s personal injury settlement.’

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Local Government Lawyer, 19th June 2014

Source: www.localgovernmentlawyer.co.uk

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Our advance directives about how we should die should be respected – Court of Protection – UK Human Rights Blog

Posted June 3rd, 2014 in Court of Protection, human rights, medical treatment, news by sally

‘In a careful and humane judgment, the Court of Protection has demonstrated that the law is capable of overlooking the stringent requirements of the conditions governing advance directives, and stressed that a “holistic” view of the patients’ wishes and feelings must be adopted, if those point to the withdrawal of life saving treatment.’

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UK Human Rights Blog, 2nd June 2014

Source: www.ukhumanrightsblog.com

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Judge condemns council for ‘unlawful detention’ of pensioner moved to care home – Daily Telegraph

‘A woman was “unlawfully deprived of her” liberty and her right to family life breached when she was removed from her home by a local council, a judge has ruled.’

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Daily Telegraph, 17th May 2014

Source: www.telegraph.co.uk

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Press has no direct role in welfare proceedings in Court of Protection – UK Human Rights Blog

‘Sir James Munby, President of the Court of Protection has ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Health Act.’

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UK Human Rights Blog, 12th May 2014

Source: www.ukhumanrightsblog.com

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Courts braced for surge in cases of elderly locked up against their will – Daily Telegraph

‘The President of the Family Division of the High Court Sir James Munby predicts rush of claims from care home patients held in ‘cages’.’

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Daily Telegraph, 8th May 2014

Source: www.telegraph.co.uk

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Mentally-ill woman has Caesarean after court ruling – BBC News

Posted May 2nd, 2014 in birth, consent, Court of Protection, mental health, news by tracey

‘A mentally-ill woman has given birth by Caesarean section after a judge ruled doctors could perform the procedure. The woman, who is in her 30s and has a psychotic disorder, had a liver condition which posed a risk to her and her baby, doctors said.’

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BBC News, 1st May 2014

Source: www.bbc.co.uk

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Baby in Alessandra Pacchieri forced caesarean case adopted – The Guardian

Posted April 16th, 2014 in adoption, birth, children, consent, Court of Protection, Italy, mental health, news by tracey

‘The daughter of an Italian woman who had a forced caesarean section while in the UK has been adopted by “good and loving people”, the country’s top family judge has announced.’

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The Guardian, 15th April 2014

Source: www.guardian.co.uk

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Court calls for ‘love coach’ to help vulnerable man find happiness – Daily Telegraph

Posted April 4th, 2014 in Court of Protection, learning difficulties, news by sally

‘Man with learning difficulties should be coached on how to behave before he goes out in search of a partner, Court of Protection judge says.’

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Daily Telegraph, 4th April 2014

Source: www.telegraph.co.uk

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Court of Protection: NHS Trust asks judge to rule on hysterectomy for woman with serious mental health condition – The Independent

Posted April 1st, 2014 in consent, Court of Protection, health, medical treatment, mental health, news by sally

‘A woman with a serious mental health condition should undergo a hysterectomy after being handcuffed and escorted by four guards to the operating table, an NHS Trust told a High Court Judge on Monday.’

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The Independent, 31st March 2014

Source: www.independent.co.uk

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Reporting Restrictions and the New Transparency – Part 2 – Family Law Week

‘In the second part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers those cases involving aggrieved parties and cases with international implications.’

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Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk

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The Sanctity Of Life Law Has Gone Too Far – Gresham College

Posted February 26th, 2014 in assisted suicide, Court of Protection, euthanasia, lectures, medical treatment by tracey

‘Professor Gillon would argue that the judgment in the case of a patient in prolonged and incurable “minimally conscious state”, that she must continue to be kept alive with artificial nutrition and hydration, despite the evidence from her loved ones that she would have rejected such treatment, manifests an excessive concern for the “sanctity of life” and inadequate concern both for patients’ prior views values and autonomy and about the use of scarce health service resources on patients whose loved ones reliably report that they would have rejected those resources had they been able to do so.’

Transcipt

Gresham College, 12th February 2014

Source: www.gresham.ac.uk

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