Conduct and disability – Employment Law Blog

Posted November 21st, 2014 in assault, disability discrimination, mental health, news, unfair dismissal by tracey

‘Was there gross misconduct? If there was, did it justify dismissal? Those were issues before Judge Eady QC in Burdett v Aviva Employment Services Ltd, UKEAT/0439/13/JOJ, a case concerned with both unfair dismissal and discrimination arising from disability. The employee had committed assaults in the workplace. However, this was because of his disability. He suffered from a paranoid schizophrenic illness. The ET was judged to have been in error in finding gross misconduct. They had failed to engage with the question of blameworthiness. The ET was also found to have been in error in assuming that dismissal will necessarily fall within the range of reasonable responses in a gross misconduct case.’

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Employment Law Blog, 20th November 2014

Source: www.employment11kbw.com

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Rochdale Metropolitan Borough Council v KW and others – WLR Daily

Rochdale Metropolitan Borough Council v KW and others: [2014] EWCOP 45; [2014] WLR (D) 493

‘Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged where a person, often elderly, who was both physically and mentally disabled to a severe extent, was being looked after in her own home and where the arrangements had been made and paid for by a local authority rather than by the person’s own, or family, funds.’

WLR Daily, 18th November 2014

Source: www.iclr.co.uk

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Mental health NHS trusts ranked for risk of poor care – BBC News

Posted November 21st, 2014 in hospitals, mental health, news, quality assurance by tracey

‘Health watchdog the Care Quality Commission (CQC) has ranked almost every mental health NHS trust in England in terms of risk of providing poor care.’

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BBC News, 20th November 2014

Source: www.bbc.co.uk

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Tania Clarence sentenced: Husband of depressed New Malden mother who killed children criticises medics for ‘pressuring family to submit to operations’ – The Independent

Posted November 19th, 2014 in disabled persons, families, homicide, mental health, news, sentencing by sally

‘The husband of a depressed mother who killed her three young disabled children has criticised medical professionals for the “constant pressure” placed on the family to “submit the children to operations and other interventions”.’

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The Independent, 18th November 2014

Source: www.independent.co.uk

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Errors, damn errors, and statistics: Ajilore v Hackney LBC – NearlyLegal

Posted November 18th, 2014 in appeals, homelessness, housing, local government, mental health, news, statistics, suicide by sally

‘With the Supreme Court set to look at priority need this December, Ajilore v Hackney [2014] EWCA Civ 1273 may prove to be a brief footnote in the evolution of the bloated Pereira test. But, at least for the next four weeks, it tells us something about the construction of the “ordinary homeless person” against which, post Johnson v Solihull [2013] EWCA Civ 752, applicants for homeless assistance are assessed.’

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NearlyLegal, 16th November 2014

Source: www.nearlylegal.co.uk

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Yarl’s Wood: Undercover tour of detention centre with dreadful reputation for its treatment of asylum seekers – The Independent

‘The Detention Centre in Bedfordshire – privately run, but publicly funded – has a dreadful reputation for its treatment of asylum seekers. Cole Moreton found a way inside to see if its notoriety is deserved.’

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The Independent, 16th November 2014

Source: www.independent.co.uk

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Too many prisoners jailed unnecessarily, says review head – The Guardian

‘The unnecessary jailing of too many people in England and Wales is leaving resources stretched and vulnerable inmates unsupervised, the head of a review into prison suicides has said.’

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The Guardian, 14th November 2014

Source: www.guardian.co.uk

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Too many inmates ‘jailed needlessly’, says review chief – BBC News

Posted November 14th, 2014 in death in custody, mental health, news, prisons, statistics, suicide by tracey

‘Too many people are being jailed unnecessarily, the head of a review into prison suicides has said.Lord Harris claimed resources were being weakened, leaving vulnerable inmates unsupervised. It comes as the parents of a man who killed himself at a young offenders institution criticised authorities.’

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BBC News, 14th November 2014

Source: www.bbc.co.uk

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IPCC to examine post-prison monitoring of cannibalistic murderer – The Guardian

Posted November 10th, 2014 in complaints, drug abuse, mental health, murder, news, police by sally

‘The Ministry of Justice is to investigate whether a man reported to have murdered a woman in an act of cannibalism was properly managed after his release from prison.’

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The Guardian, 9th November 2014

Source: www.guardian.co.uk

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Brian Philip Telchadder (Appellant) v Wickland Holdings Limited (Respondent) – Supreme Court

Brian Philip Telchadder (Appellant) v Wickland Holdings Limited (Respondent) [2014] UKSC 57 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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Court of Appeal applies rare 19th century tort in granting injunction – RPC Privacy Blog

Posted November 5th, 2014 in appeals, EC law, injunctions, mental health, news, publishing by sally

‘The Court of Appeal has granted an injunction against the publication of a well-known performing artist’s book to protect the rights of his son, not on the basis of misuse of private information but because publication would be likely to cause psychological harm to the son.’

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RPC Privacy Blog, 4th November 2014

Source: www.rpc.co.uk

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Sperm deal children ‘irredeemably marred’ by four-parent feud – Daily Telegraph

‘Judge warns of trauma ‘unleashed’ by fallout from ‘known-donor fertilisation’ arrangement between former friends.’

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Daily Telegraph, 3rd November 2014

Source: www.telegraph.co.uk

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Student with schizophrenia must have son adopted – The Guardian

Posted November 4th, 2014 in adoption, children, mental health, news by sally

‘A student with a history of severe mental illness has been told by a family court judge that her toddler son must be adopted.’

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The Guardian, 3rd November 2014

Source: www.guardian.co.uk

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Sentence for Ann Maguire’s killer ‘out of step with rest of western Europe’ – The Guardian

Posted November 4th, 2014 in mental health, murder, news, rehabilitation, sentencing, young offenders by sally

‘The 20-year minimum sentence handed out to the killer of teacher Ann Maguire is too harsh and puts Britain out of step with more lenient attitudes in the rest of Europe, according to a leading youth justice campaigner.’

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The Guardian, 4th November 2014

Source: www.guardian.co.uk

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Insurance surgery: Stressing the point – New Law Journal

‘Caroline Coates provides an update on claims for work-related stress.’

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New Law Journal, 31st October 2014

Source: www.newlawjournal.co.uk

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Family of girl who killed herself after arrest challenges detention policy – The Guardian

‘Kesia Leatherbarrow broke a window trying to enter a residential care home for ex-addicts to visit a friend. When officers arrested the 17-year-old, they discovered a small quantity of cannabis. She spent two nights and three days in police custody; a few hours after being released, she hanged herself.’

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The Guardian, 2nd November 2014

Source: www.guardian.co.uk

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Mother cleared of poisoning teenager daughter with hormones supplied by Belgian doctor says case should be landmark for parents’ rights – The Independent

Posted October 31st, 2014 in children, medical treatment, medicines, mental health, news, parental rights, poisoning by sally

‘A mother cleared of poisoning her daughter after taking desperate measures to treat a chronic condition has said that the case should be used as a landmark for other parents finding care for their children outside the NHS.’

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The Independent, 30th October 2014

Source: www.independent.co.uk

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K v Kingswood Centre and another – WLR Daily

Posted October 28th, 2014 in appeals, detention, habeas corpus, hospital orders, law reports, mental health by sally

K v Kingswood Centre and another [2014] EWCA Civ 1332; [2014] WLR (D) 443

‘The notice period of a discharge order made for the purposes of section 25 of the Mental Health Act 1983 and served in accordance with regulation 3(3)(b)(i) of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 started to run from the time when it was received by the officer authorised by the hospital managers and not from the time when it was received at the hospital’s fax machine.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

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Mental health units to be set up inside prisons – Daily Telegraph

Posted October 27th, 2014 in consultations, hospitals, mental health, news, prisons, sentencing by sally

‘Plans being considered by the Government will see inmates treated in specialist mental health units inside prisons in future.’

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Daily Telegraph, 26th October 2014

Source: www.telegraph.co.uk

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In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2)- WLR Daily

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2) [2014] EWCOP 37; [2014] WLR (D) 434

‘Further guidance 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 Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

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