Regina (M) v Crown Court at Kingston upon Thames – WLR Daily

Regina (M) v Crown Court at Kingston upon Thames [2014] WLR (D)  328

‘The power under section 35 of the Mental Health Act 1983, to remand to hospital for a report on an accused’s mental condition, could not be used in order to obtain evidence about whether the accused had the intention or the capacity to form the intention to commit an offence under section 18 of the Offences Against the Person Act 1861.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Regina (O by her litigation friend the Official Solicitor) v Secretary of State for the Home Department – WLR Daily

Regina (O by her litigation friend the Official Solicitor) v Secretary of State for the Home Department [2014] EWCA Civ 990 ;  [2014] WLR (D)  327

‘When determining the lawfulness of the continued immigration detention of a person with mental illness the court’s role was to supervise the decisions made by the Home Secretary for their compliance with the law, applying the Wednesbury test of unreasonableness, and was not that of a primary decision-maker such that it had to make its own choice between medical experts.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Home Office’s lost child abuse files: a victim’s story – The Guardian

‘When it emerged last week that 114 files containing allegations of child sex abuse had disappeared from the Home Office, survivors began to ask questions about whether their abuse had been deliberately covered up or ignored by the authorities.’

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The Guardian, 11th July 2014

Source: www.guardian.co.uk

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Christopher Parry guilty of murdering wife Caroline Parry – BBC News

Posted July 9th, 2014 in married persons, mental health, murder, news by sally

‘A man has been found guilty of murdering his wife by shooting her twice in the back after she left him.’

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BBC News, 9th July 2014

Source: www.bbc.co.uk

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Judge allows police to break down woman’s door for enforced caesarean – Daily Telegraph

Posted July 9th, 2014 in concealing birth, mental health, news, pregnancy, restraint, social services by sally

‘Pregnant woman has an irrational fear of hospitals but could die in child birth. Her third child was delivered using barbecue tongs and was found severely malnourished’

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Daily Telegraph, 7th July 2014

Source: www.telegraph.co.uk

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Woman sentenced for abandoning baby in Birmingham park – BBC News

Posted July 3rd, 2014 in birth, children, mental health, news, sentencing, suspended sentences by sally

‘A woman who dumped her newborn baby in a plastic bag in a Birmingham park has been spared prison.’

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BBC News, 3rd July 2014

Source: www.bbc.co.uk

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Kingsley Burrell death: ‘insufficient evidence’ to prosecute – BBC News

‘Prosecutors say there is “insufficient evidence” to charge anyone after the death of a man detained under the Mental Health Act.’

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BBC News, 1st July 2014

Source: www.bbc.co.uk

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They think it’s all over … – NearlyLegal

‘We covered the case of Beech v Birmingham CC in the High Court here. The appeal to the Court of Appeal was heard on 11/6/2014 and judgement was given on 17/6/2014.

I will not repeat the facts here except to say that the appeal was narrowed down to only two grounds of challenge: namely that the notice to quit was procured from the late Mrs Warren under undue influence from the housing officer, Mr Pumphrey, and that it had been given when no formal mental capacity assessment had been carried out, in breach of the Code of Practice issued under s.42(1)(a) of the Mental Capacity Act 2005 (the ‘public law defence’).’

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NearlyLegal, 22nd June 2014

Source: www.nearlylegal.co.uk

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Khat ban: Why is it being made illegal? – BBC News

Posted June 23rd, 2014 in drug abuse, drug offences, families, mental health, news, sale of goods by sally

‘The leafy plant khat, which acts as a stimulant when chewed, is about to become a banned class C drug in the UK. But how big a problem is it and why are ministers making it illegal?’

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BBC News, 21st June 2014

Source: www.bbc.co.uk

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Ombudsman finds Bedfordshire man failed by council and health service – BBC News

‘Health and social care officials have been criticised for letting a severely mentally ill patient live in “squalor”.’

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BBC News, 12th June 2014

Source: www.bbc.co.uk

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A new test to determine who is fit for trial – Law Commission

‘How do we determine whether someone accused of a crime is physically and mentally fit to participate in a criminal trial? And what do we do if they are not? These are the questions being examined today as the Law Commission brings together leading experts in criminal law and mental health to exchange views at a consultation event at Leeds University.’

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Law Commission, 11th June 2014

Source: www.lawcommission.justice.gov.uk

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Man, 35, jailed after stripping half naked in cathedral and punching OAP in ‘divine urge’ – The Independent

Posted June 10th, 2014 in criminal damage, grievous bodily harm, mental health, news, sentencing by sally

‘He said he had the compulsion to “give everything to God,” but the actions of a 35-year-old man who pulled down his trousers before climbing on top of an altar and punching a grandmother in the face certainly didn’t appease the CPS.’

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The Independent, 9th June 2014

Source: www.independent.co.uk

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Care for teenage karate champion so bad it ‘breached human rights’, coroner rules – Daily Telegraph

‘Dana Baker, who represented Great Britain in karate, killed herself after “serious and systematic failings” in her care by a council that was too busy and overworked to help her.’

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Daily Telegraph, 29th May 2014

Source: www.telegraph.co.uk

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Regina (Wiltshire Council) v Hertfordshire County Council – WLR Daily

Regina (Wiltshire Council) v Hertfordshire County Council [2014] EWCA Civ 712;  [2014] WLR (D)  229

‘Where a person had been made subject to a hospital order with restrictions, then conditionally discharged, then recalled to hospital, and then conditionally discharged for a second time, for the purposes of section 117(3) of the Mental Health Act 1983 he was still to be treated as “resident in the area” of the same local authority as that in which he lived before the original hospital order was made.’

WLR Daily, 22nd May 2014

Source: www.iclr.co.uk

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PA sacked by her boss after wife found out about their affair awarded £35,000 damages – Daily Telegraph

‘A personal assistant sacked from her job at a successful property company by her boss after his wife found out about their affair has been awarded nearly £35,000 in damages. ‘

Full story

Daily Telegraph, 29th May 2014

Source: www.telegraph.co.uk

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‘We are recreating Bedlam’: the crisis in prison mental health services – The Guardian

Posted May 28th, 2014 in mental health, news, prisons by sally

‘Mental health services in prison are under critical strain – in some institutions, as many as half of all inmates may need psychiatric help, but are often unable to get it. Such failures can have tragic results.’

Full story

The Guardian, 24th May 2014

Source: www.guardian.co.uk

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Court of Appeal confirms principle on responsibility for s. 117 after-care funding – Local Government Lawyer

Posted May 23rd, 2014 in appeals, community care, local government, mental health, news by sally

‘The Court of Appeal has confirmed the principle that the placing authority remains liable for funding s. 117 Mental Health Act 1983 after-care.’

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Local Government Lawyer, 22nd May 2014

Source: www.localgovernmentlawyer.co.uk

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Unsted Park ‘self-harm blades’ head teacher cleared – BBC News

‘A former head teacher who gave a girl at a special school equipment for self-harming has been cleared of unacceptable professional misconduct.’

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BBC News, 16th May 2014

Source: www.bbc.co.uk

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Cheshire West: liberate social policy from the influence of human rights – Halsbury’s Law Exchange

Posted May 13th, 2014 in appeals, care homes, elderly, human rights, mental health, news, Supreme Court by sally

‘Social policy towards those without capacity changed on 19 March 2014. It changed not as a result of a public discussion about the issue but because of a judgment given by the Supreme Court – Cheshire West [2014] UKSC 19. The change was not preceded by a Royal Commission, Green Paper, debate in Parliament or any other engagement with the public, but after seven judges received legal submissions from 17 barristers. The change was not determined by the needs of those in care, but by the requirements of human rights laws.’

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Halsbury’s Law Exchange, 13th May 2014

Source: www.halsburyslawexchange.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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