Vulnerable adults and non-recognition of marriage – Local Government Lawyer

‘Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.’

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Local Government Lawyer, 15th March 2024

Source: www.localgovernmentlawyer.co.uk

Use of intermediaries in the Family Court – Local Government Lawyer

‘Louise Thomson analyses a judgment containing valuable guidance on the use of intermediaries in the Family Court.’

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Local Government Lawyer, 16th February 2024

Source: www.localgovernmentlawyer.co.uk

Triangulation and flexibility: taking capacity seriously in changing circumstances – Mental Capacity Law and Policy

‘Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom the court had previously found to lack capacity in to make decisions about residence, care and contact, but to have capacity to make decisions about engaging in sexual relations, in face of strenuous arguments to the contrary from the local authority. Injunctive orders were then made against the woman’s former foster carer, suspected of sexually abusing DY; at a subsequent hearing, the court made a final order that DY had the capacity to make decisions relating to her use of contraception, having accepted a report from DY’s GP.’

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Mental Capacity Law and Policy, 11th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Contact, contraception, conception and conceptual clarity: Poole J dissects a difficult question – Mental Capacity Law and Policy

‘Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull City Council v KF [2022] EWCOP 33, and Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44, we now have Re EE (Capacity: Contraception and Conception) [2024] EWCOP 5. The case concerned a 31 year old woman who wanted to become pregnant and have a baby; her capacity to engage in sexual relations, to decide about contact with others, and to make decisions about contraception, were all in issue and required the court’s determination.’

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Mental Capacity Law and Policy, 11th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Derby City Council to pay compensation over SEND student delays – BBC News

‘Derby City Council has been ordered to pay thousands in compensation after it took too long to arrange alternative education for a special needs student.’

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BBC News, 14th January 2024

Source: www.bbc.co.uk

Sutton: Three jailed for abusing care home residents with learning disabilities – BBC News

‘Three carers have been jailed after being convicted of abusing care home residents in south London.’

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BBC News, 4th January 2024

Source: www.bbc.co.uk

My heart breaks – solitary confinement in hospital has no therapeutic benefit for people with a learning disability and autistic people – Mental Capacity Law and Policy

‘Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme for people with a learning disability and autistic people in inpatient settings. In fact the final report was completed in July 2023, but was not published until 8 November 2023, alongside the Government’s responses.’

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Mental Capacity Law and Policy, 9th November 2023

Source: www.mentalcapacitylawandpolicy.org.uk

End solitary confinement for children and limit it for adults, review demands – The Independent

‘Autistic children and those with a learning disability should never be subjected to long-term segregation in hospital – and its use should be “severely curtailed” for adults, a review has recommended.’

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The Independent, 8th November 2023

Source: www.independent.co.uk

Abused care home resident secures ‘landmark’ settlement of legal claim – The Independent

‘A vulnerable former care home resident has secured the High Court’s approval of a “landmark” settlement of his legal claim over the abuse he suffered at the hands of staff.’

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The Independent, 1st November 2023

Source: www.independent.co.uk

Review into 50-year-old laws on social care for disabled children – Law Commission

‘Law Commission aims to simplify and strengthen the law, allowing children with disabilities to access the support they need. The review will ensure the law is fair, modern and accessible, works for parents, care givers and local authorities.’

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Law Commission, 17th October 2023

Source: www.lawcom.gov.uk

‘I could have had a job and kids’: Oliver Campbell hopes for justice 30 years after murder charge – The Guardian

Posted October 2nd, 2023 in appeals, learning difficulties, miscarriage of justice, murder, news by sally

‘In 1991 Campbell, who has a mental impairment, received a life sentence for a crime he says he did not commit.’

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The Guardian, 2nd October 2023

Source: www.theguardian.com

Councils accused of “wasting” £60m in a year on tribunal battles over support for children with special educational needs – Local Government Lawyer

‘Councils wasted £60 million in a year on “unsuccessful court disputes” with parents and carers seeking support for children and young people with special educational needs and disabilities (SEND), according to research by Pro Bono Economics, commissioned by the Disabled Children’s Partnership.’

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Local Government Lawyer, 27th September 2023

Source: www.localgovernmentlawyer.co.uk

Councils ‘wasting millions’ on special educational needs legal disputes – The Independent

‘Councils in England have been accused of “wasting” millions of pounds in court disputes with parents and carers over disability and educational support for their children.’

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The Independent, 26th September 2023

Source: www.independent.co.uk

Hospital watchdog takes action against NHS trust over patient safety concerns – The Independent

Posted September 22nd, 2023 in autism, health & safety, hospitals, learning difficulties, news, ombudsmen by tracey

‘Hospital regulators have taken enforcement action against an NHS trust after patients were found to have ingested batteries and screws amidst a catalogue of failings. The Care Quality Commission (CQC) upheld its “inadequate” rating of Brooklands hospital in Birmingham – which specialises in care for adults with autism and learning disabilities – after an inspection in March.’

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The Independent, 22nd September 2023

Source: www.independent.co.uk

Forced marriage and the inherent jurisdiction – Local Government Lawyer

‘The Court of Appeal recently considered the use of the inherent jurisdiction in a forced marriage case. Rhys Hadden analyses the ruling.’

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Local Government Lawyer, 15th September 2023

Source: www.localgovernmentlawyer.co.uk

Administrative Justice Council makes recommendations on improving local authority SEND decisions – Local Government Lawyer

‘The Administrative Justice Council (AJC) has set out recommendations to improve the quality of local authority decision-making for children and young people with special educational needs and disabilities (SEND).’

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Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk

Court of Protection judge hands down ruling on capacity amid “some unhelpful differences of approach to the diagnosis of Learning Disability amongst healthcare professionals” –

‘A Court of Protection judge has determined that a man lacks capacity to make decisions about where he lives, his care, and his use of the internet and social media.’

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Local Government Lawyer, 1st August 2023

Source: www.localgovernmentlawyer.co.uk

R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde and another – Inquests and Inquiries Law Blog

‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’

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Inquests and Inquiries Law Blog, 18th July 2023

Source: inquestsandinquirieslawblog.com

Children’s Commissioner for England calls for “radical rehaul” of SEND system as demand for Education, Health and Care Plans reaches new highs – Local Government Lawyer

‘The Children’s Commissioner, Dame Rachel de Souza, has called for a “radical rehaul of the SEND system” and “swift implementation of the SEND Improvement Plan” after recent data from the Department for Education showed that nearly 1.2 million children in England have special educational needs support without an Education, Health and Care plan (EHCP), up 4.7% in 2022.’

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Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

Four staff at specialist hospital guilty of mistreating vulnerable patients – The Independent

‘Four members of staff at a specialist hospital have been found guilty of mistreating vulnerable patients after an undercover BBC Panorama documentary.’

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The Independent, 28th April 2023

Source: www.independent.co.uk