TW v Enfield London Borough Council – WLR Daily

TW v Enfield London Borough Council [2014] EWCA Civ 362; [2014] WLR (D) 145

‘When an approved social worker was considering whether it was “reasonably practicable” to consult the “nearest relative” before making an application to admit a patient, pursuant to sections 3(1) and 13(1) of the Mental Health Act 1983, section 11(4) of the Act imposed on that social worker an obligation to strike a balance between the patient’s right under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms not to be detained unless it was done by a procedure that was in accordance with the law and the patient’s right to a private life under article 8.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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Yarl’s Wood death: Woman, 40, dies of heart attack at controversial immigration centre – The Independent

‘Police were on Sunday investigating the sudden death of a 40-year-old woman at a controversial immigration detention centre where Mauritian A-Level student Yashika Bageerathi is currently awaiting deportation.’

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The Independent, 30th March 2014

Source: www.independent.co.uk

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Foreign convicts awaiting deportation held in jail limbo for years – The Independent

Posted March 28th, 2014 in deportation, detention, human rights, news, visas by sally

‘Foreign offenders awaiting deportation are being locked up for years after their sentences have ended in a potential breach of their human rights, the immigration watchdog has warned.’

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The Independent, 27th March 2014

Source: www.independent.co.uk

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IPCC investigates complaints over 15-year-old boy strip-searched by police – The Guardian

Posted March 21st, 2014 in complaints, detention, news, police, stop and search, young persons by sally

‘The police watchdog is investigating complaints about how a 15-year-old boy was strip-searched by officers after being arrested for a suspected drug offence.’

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The Guardian, 20th March 2014

Source: www.guardian.co.uk

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Immigrant detainees face ‘excessive force and abuse,’ says MoJ report – The Independent

Posted March 19th, 2014 in aircraft, detention, immigration, news, proportionality, restraint, unlawful killing by tracey

‘Immigrant detainees sent home from the UK are still facing “disproportionate force and restraint” and are subjected to offensive language from their escorts, according to a new report by the Ministry of Justice.’

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The Independent, 18th March 2014

Source: www.independent.co.uk

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Outcry after judge imprisons child sex victim for 20 hours – Daily Telegraph

Posted March 5th, 2014 in children, detention, news, sexual grooming, sexual offences, witnesses by sally

‘A teenage victim of sexual abuse was locked up in police cells overnight after she refused to give evidence in court against her attacker’

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Daily Telegraph, 5th March 2014

Source: www.telegraph.co.uk

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Regina (Miranda) v Secretary of State for the Home Department and another (Liberty and others intervening) – WLR Daily

Posted February 28th, 2014 in airports, detention, freedom of expression, human rights, law reports, terrorism by sally

Regina (Miranda) v Secretary of State for the Home Department and another (Liberty and others intervening) [2014] EWHC 255 (Admin); [2014] WLR (D) 93

‘It was lawful that a journalist’s assistant who was thought to harbour state secrets in electronic form against the wishes of Britain and a foreign power should be stopped and held at an airport on the basis that investigating him amounted to determining whether he was a terrorist under section 40(1)(b) of and paragraph 2(1) of Schedule 7 to the Terrorism Act 2000.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

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Jacob Rowbottom: Laws, Miranda and the Democratic Justification for Expression – UK Constitutional Law Association

Posted February 24th, 2014 in airports, detention, freedom of expression, human rights, media, news, proportionality by sally

‘The Divisional Court’s decision in the David Miranda case has provoked much controversy and debate about freedom of the press and national security issues. About halfway through his judgment, Laws LJ makes a number of comments about the justifications for freedom of expression and media freedom. While these may not be the most pressing or immediately important issues raised by this particular case, it is worth noting what Laws LJ says at paras [41-46] as he seems to move away from what has been something of an orthodoxy in the British and European jurisprudence – the importance placed on the democratic justification for expression.’

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UK Constitutional Law Association, 22nd February 2014

Source: www.ukconstitutionallaw.org

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David Miranda challenge dismissed in High Court – UK Human Rights Blog

‘The High Court has rejected all the arguments supporting David Miranda’s application for judicial review of his detention at Heathrow Airport in August last year. In a highly readable and pungent judgment, Laws LJ has some robust things to say about the vaunting of journalistic interests over public security in the guise of Article 10, and the “mission creep” of requirements demanded by the courts for state action to be considered “proportionate”.’

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UK Human Rights Blog, 19th February 2014

Source: www.ukhumanrightsblog.com

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Detained David Miranda loses legal battle – BBC News

‘David Miranda has lost his legal challenge over his detention at Heathrow Airport under anti-terrorism powers.’

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BBC News, 19th February 2014

Source: www.bbc.co.uk

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R (L) v West London Mental Health NHS Trust – WLR Daily

R (L) v West London Mental Health NHS Trust [2014] EWCA Civ 47 ;  [2014] WLR (D)  44

‘The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital. Where the decision was largely a clinically-based decision with a rationing aspect, there was a need for circumspection as to what procedure was required. Absent urgency, a clinical reason precluding notification, or some other reason such as the exposure of other patients or staff to the risk of harm, the “gists” of the letter of reference to the high security hospital by the hospital that wished to transfer the patient and the assessment by the clinician from the high security hospital ought to be provided to the patient and/or hisrepresentative, and the patient should be afforded an opportunity to make written submissions to the decision-making panel.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

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Regina (Das) v Secretary of State for the Home Department and others – WLR Daily

Posted February 4th, 2014 in appeals, detention, immigration, law reports, mental health by sally

Regina (Das) v Secretary of State for the Home Department and others [2014] EWCA Civ 45; [2014] WLR (D) 39

‘Where the Secretary of State for the Home Department intended to remove from the United Kingdom a person suffering from a mental illness, whether that illness fell within the definition in the Secretary of State’s immigration detention policy of a “serious mental illness” which could not be satisfactorily managed within detention, so that the person could not be detained absent very exceptional circumstances, did not depend on whether the mental illness was of a level of requiring in-patient medical attention or rendering the person liable to being sectioned under the Mental Health Act 1983, but on whether in all the circumstances the person was “suffering” from the illness and the illness was serious enough to mean that it could not be satisfactorily managed in detention.’

WLR Daily, 28th January 2014

Source: www.iclr.co.uk

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Wrongly-detained Ghanaian to receive High Court damages – BBC News

Posted January 30th, 2014 in appeals, damages, detention, immigration, mental health, news by sally

‘A mentally-ill Ghanaian man who was wrongly held in immigration detention centres is to receive “substantial” damages following a High Court ruling.’

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BBC News, 29th January 2014

Source: www.bbc.co.uk

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Ian Brady – the Mental Health Tribunal’s decision commented upon by Denise Marson – Sovereign Chambers

‘On the 24th January 2014 the First-Tier Tribunal (Health, Education and Social Care)(Mental Health) published its reasons for the Tribunal’s decision regarding Mr Brady’s application for discharge which had received wide-ranging media attention at the latter end of 2013. Mr Brady’s application was to be discharged from Ashworth High Secure Hospital and be returned to prison. There was no possibility of him being discharged directly into the community by the Tribunal. He is now 75 years old.’

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Sovereign Chambers, 29th January 2014

Source: www.sovereignchambers.co.uk

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Regina (Hicks and others) v Commissioner of Police of the Metropolis – WLR Daily

Posted January 29th, 2014 in appeals, detention, human rights, judicial review, law reports, police, public order by sally

Regina (Hicks and others) v Commissioner of Police of the Metropolis [2014] EWCA Civ 3; [2014] WLR (D) 30

‘Arrests made because the police had reasonable grounds for believing a breach of the peace was imminent and effected for the purpose of bringing those arrested before the magistrates’ court, if that were to become necessary, so as to prolong detention on a lawful basis, complied with article 5(1)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

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Mental Health Act detentions up 12% – BBC News

Posted January 29th, 2014 in detention, hospitals, mental health, news, quality assurance, standards, statistics by sally

‘The number of people in England being detained under the Mental Health Act has risen by 12% in the past five years, according to the NHS regulator.’

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BBC News, 28th January 2014

Source: www.bbc.co.uk

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Handling of female asylum seekers ‘puts UK to shame’ – The Independent

Posted January 29th, 2014 in asylum, detention, human rights, immigration, news, rape, statistics, torture, women by sally

‘The hidden plight of women asylum seekers detained in Britain is exposed today as a major new report warns that female rape and torture victims are being locked up indefinitely, suffering from depression and being intimidated by male guards.’

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The Independent, 29th January 2014

Source: www.independent.co.uk

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Met Police custody healthcare a ‘major problem’ – BBC News

Posted January 28th, 2014 in death in custody, detention, duty of care, health, London, news, nurses, police, reports by sally

‘The Met Police is struggling to provide adequate medical staffing to assess and treat detainees in their custody, according to a new report.’

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BBC News, 28th January 2014

Source: www.bbc.co.uk

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Hundreds of mentally ill children ‘locked in police cells’, some for over 24 hours – The Independent

Posted January 27th, 2014 in children, detention, mental health, news, police, statistics by sally

‘Hundreds of potentially unwell children in England and Wales have been placed in police cells after being detained under the Mental Health Act as officers had no place else to take them.’

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The Independent, 26th January 2014

Source: www.independent.co.uk

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Mentally unfit refugees unfairly targeted by Home Office – The Guardian

‘The Home Office is covertly targeting the most vulnerable asylum seekers – those considered mentally unfit, or victims of torture – for deportation as part of the government’s hardline stance on immigration, according to lawyers and charity workers.’

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The Guardian, 25th January 2014

Source: www.guardian.co.uk

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