Mental Capacity Law Newsletter – Thirty Nine Essex Street

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Eleanor de Freitas inquest: Family’s anger at suicide verdict for woman who killed herself before trial for ‘false rape claim’ – The Independent

‘The family of a young woman who killed herself days before she was due to stand trial for making false rape allegations have attacked the inquest into her death, saying they may launch legal proceedings over alleged failings by the CPS for allowing her case to go to court.’

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The Independent, 17th March 2015

Source: www.independent.co.uk

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Supreme Court considers tests for justification under s15 Equality Act 2010 and Article 8 ECHR in a housing eviction case against a disabled tenant – Cloisters

‘The Supreme Court handed down its decision yesterday in Akerman-Livingstone v. Aster Communities Ltd (formerly Flourish Homes Ltd) [2015] UKSC 15 in which it considered the test of justification for discrimination under section 15 of the Equality Act 2010 (the EqA) as compared with justification for Article 8 of the Convention.’

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Cloisters, 12th March 2015

Source: www.cloisters.com

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Legal aid, young people and the review that never happened – LegalVoice

‘The Ministry of Justice has in the last few weeks quietly backed down on the promise of a full review on the effects of legal aid cuts on children and young people.’

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LegalVoice, 10th March 2015

Source: www.legalvoice.org.uk

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Regina (Letts) v Lord Chancellor (Equality and Human Rights Commission intervening) – WLR Daily

Regina (Letts) v Lord Chancellor (Equality and Human Rights Commission intervening) [2015] EWHC 402 (Admin); [2015] WLR (D) 90

‘The Lord Chancellor’s Exceptional Funding Guidance (Inquests) (promulgated under the Legal Aid, Sentencing and Punishment of Offenders Act 2012) was unlawful in that it provided a misleading impression of the law for caseworkers considering an application from relatives of a deceased for legal aid to cover representation at an inquest into a death which arose in circumstances which might have engaged article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 20th February 2015

Source: www.iclr.co.uk

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Charles Mann stabbed his mother 11 times and sliced off his penis in naked drug-fuelled attack – The Independent

‘A man has been handed a prison sentence after he stabbed his mother 11 times and sliced off his penis in a naked, drug-fuelled attack.’

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The Independent, 3rd March 2015

Source: www.independent.co.uk

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Sixty five young adults and teenagers have died in prison in last four years, report finds – The Independent

Posted March 2nd, 2015 in death in custody, mental health, news, prisons, standards, statistics, suicide by sally

‘Sixty five young adults and teenagers have died in prison in four years, a new report reveals.’

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The Independent, 2nd March 2015

Source: www.independent.co.uk

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Depression linked to violent crime, study finds – BBC News

Posted February 25th, 2015 in alcohol abuse, assault, crime, drug abuse, mental health, murder, news, sexual offences, violence by sally

‘People with a depressive illness are three times more likely to commit a violent or sex crime than those in the general population, a study suggests.’

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BBC News, 25th February 2015

Source: www.bbc.co.uk

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More bereaved families to get legal aid at inquests if state was involved in death – The Guardian

‘More bereaved families will be entitled to legal aid at inquests after a high court judge ruled that official guidance on whether to provide support was “misleading and inaccurate”.’

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The Guardian, 20th February 2015

Source: www.guardian.co.uk

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Too many deaths in custody are preventable but staff lack mental health expertise, says human rights body – The Independent

Posted February 23rd, 2015 in death in custody, human rights, inquiries, mental health, news, prisons, statistics, suicide by sally

‘Hundreds of deaths in psychiatric units, prisons and police cells between 2010 and 2013 were avoidable and were caused by repeated “basic errors” by staff ignorant of mental-health risks, human rights advocates have said.’

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The Independent, 23rd February 2015

Source: www.independent.co.uk

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Number of jailed mothers is a ‘litany of despair’ – The Independent

Posted February 23rd, 2015 in children, domestic violence, drug abuse, families, mental health, news, prisons, sentencing, women by sally

‘The number of women imprisoned in Britain every year represents a “litany of despair”, Nick Clegg will say tomorrow, in a tacit admission that the coalition has failed to tackle high rates of female incarceration.’

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The Independent, 22nd February 2015

Source: www.independent.co.uk

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In re AJ (Deprivation Of Liberty: Safeguards) – WLR Daily

In re AJ (Deprivation Of Liberty: Safeguards) [2015] EWCOP 5 ; [2015] WLR (D) 64

‘In situations involving a deprivation of liberty local authorities and professionals needed to be alert to cases where vulnerable people were admitted to residential care, ostensibly for respite care, when the underlying plan was for a permanent placement without proper consideration of their rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

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Patient loses appeal over level of damages for 442-day unlawful detention – Local Government

Posted February 18th, 2015 in damages, false imprisonment, hospital orders, hospitals, mental health, news by sally

‘A mentally disordered patient unlawfully detained in hospital for 442 days has lost an appeal over the level of damages he should be awarded.’

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Local Government Lawyer, 17th February 2015

Source: www.localgovernmentlawyer.co.uk

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Regina v Balogh; Attorney General’s Reference (No 117 of 2014) – WLR Daily

Posted February 11th, 2015 in appeals, guilty pleas, law reports, medical records, mental health, rape, sentencing by sally

Regina v Balogh; Attorney General’s Reference (No 117 of 2014) [2015] EWCA Crim 44; [2015] WLR (D) 49

‘A court’s obligation to follow any relevant sentencing guidelines unless satisfied that it would be contrary to the interests of justice to do so continued to apply where the offender was suffering from a mental disorder.’

WLR Daily, 4th February 2015

Source: www.iclr.co.uk

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Nottinghamshire Police detained child without food or water – BBC News

Posted February 11th, 2015 in children, detention, food, mental health, news, police, water, young persons by sally

‘A 16-year-old girl was held in police custody for almost two days without food or water, a report has found.’

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BBC News, 11th February 2015

Source: www.bbc.co.uk

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End scandal of mentally ill being held in police cells, MPs say – BBC News

Posted February 6th, 2015 in detention, mental health, news, police by sally

‘The number of people with mental health illnesses being detained in police cells is a “scandal”, MPs have said.’

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BBC News, 6th February 2015

Source: www.bbc.co.uk

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Babes out of the Forest – NearlyLegal

‘The out of borough temporary accommodation position continues to get worse, with increasing numbers of homeless shipped out of borough (and for London councils, often out of London). London Councils (pace Nzolameso v Westminster CC ) have put the DCLG ‘Supplementary Guidance on the homelessness changes in the Localism Act 2011 and on the Homelessness (Suitability of Accommodation) (England) Order 2012‘ at naught.’

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NearlyLegal, 2nd February 2015

Source: www.nearlylegal.co.uk

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Rehabilitation code “needs to deliver faster results” – Litigation Futures

Posted February 3rd, 2015 in codes of practice, delay, mental health, news, personal injuries, rehabilitation by tracey

‘There should be tight deadlines on all parties to an injury claim – solicitors, insurers and rehabilitation providers – to ensure that rehabilitation achieves as much as it can, according to one well-known rehabilitation case management company.’

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Litigation Futures, 3rd February 2015

Source: www.litigationfutures.com

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Haroon Aswat’s extradition to US legal, judges rule – BBC News

Posted January 29th, 2015 in extradition, human rights, mental health, news, terrorism by sally

‘The extradition of British terror suspect Haroon Aswat to the United States was lawful, European Court of Human Rights judges have ruled.’

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BBC News, 29th January 2015

Source: www.bbc.co.uk

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Solicitor’s retainer not frustrated because client loses capacity, appeal judges rule – Litigation Futures

Posted January 28th, 2015 in agency, appeals, fees, mental health, news, solicitors by tracey

‘A solicitor’s retainer is not rendered “impossible of performance” simply because a claimant loses mental capacity and cannot give instructions personally, the Court of Appeal ruled today.’

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Litigation Futures, 27th January 2015

Source: www.litigationfutures.com

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