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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Anorexia, alcoholism and the right to autonomy – UK Human Rights Blog

‘The issues that arose before the Court of Protection in this case encapsulate the difficulties involved in applying legal tools to the organic swamp of human pathology. Everything that one may envisage, for example, in planning a “living will” (or, more precisely, an Advance Decision under the Mental Capacity Act), may have no application at the critical time because the human body – or rather the way it falls apart – does not fit in to neat legal categories. In such a situation it is often the right to autonomy that is most at risk, since what you plan for your own medical and physiological future may not square with what the authorities you decide you were capable of planning. Cobb J’s sensitive and humane judgement in this sad case is a very encouraging sign that courts are beginning to resist the tyrannous claims of Article 2 and the obligation to preserve life at all costs.’

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UK Human Rights Blog, 22nd October 2014

Source: www.ukhumanrightsblog.com

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Judge rules pregnant paranoid schizophrenic woman must undergo Caesarean section – The Independent

Posted October 23rd, 2014 in birth, Court of Protection, medical treatment, mental health, news by sally

‘A judge has ruled a pregnant woman who suffers from paranoid schizophrenia will undergo a Caesarean section.’

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The Independent, 22nd October 2014

Source: www.independent.co.uk

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‘Too many’ mentally ill end up in cells not hospital – BBC News

Posted October 22nd, 2014 in alcohol abuse, hospitals, mental health, news, police, young persons by sally

‘Too many people in the middle of a mental health crisis end up locked in police cells after being turned away from hospitals, says a report.’

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BBC News, 22nd October 2014

Source: www.bbc.co.uk

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No murder trial for mother who suffocated disabled children – The Guardian

‘A mother who admitted suffocating her three disabled children before trying to kill herself will not face trial for murder, a court has heard.’

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The Guardian, 13th October 2014

Source: www.guardian.co.uk

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Patchy dementia care puts patients at risk of unnecessary suffering, says CQC – The Guardian

Posted October 13th, 2014 in care homes, elderly, health, hospitals, mental health, news, quality assurance, standards by sally

‘Nine out of 10 care homes and hospitals in England have aspects of care for people with dementia that are variable or poor, making those with the condition likely to receive substandard treatment at some point, according to an important review by the NHS regulator.’

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The Guardian, 13th October 2014

Source: www.guardian.co.uk

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Court enforces German law on military wife’s damages – Law Society’s Gazette

‘An English claimant injured in a crash in Germany has failed in a bid to have her compensation case heard in England and Wales.’

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Law Society’s Gazette, 7th October 2014

Source: www.lawgazette.co.uk

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Is poor supervision for killers like Harry Street putting the public at risk? – Daily Telegraph

Posted October 8th, 2014 in homicide, mental health, murder, news, probation, rape by sally

‘Killers released under the Mental Health Act need better supervision to prevent them reoffending, campaigners warn.’

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Daily Telegraph,

Source: www.telegraph.co.uk

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Calls for law to be changed after Broadmoor killer Barry Williams is released without supervision – Daily Telegraph

‘A serious case review is launched after mass killer Barry Williams is able to disappear following his release from Broadmoor by changing his name to Harry Street.’

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Daily Telegraph, 6th October 2014

Source: www.telegraph.co.uk

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Mentally ill patient dived off roof of Boston Pilgrim Hospital – BBC News

Posted October 3rd, 2014 in fines, health & safety, hospitals, mental health, news by tracey

‘A mental health trust has been fined £20,000 after a patient dived off a hospital roof, leaving him paralysed from the chest down.’

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BBC News, 2nd October 2014

Source: www.bbc.co.uk

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Grayling: ‘real plan’ on human rights imminent – Law Society’s Gazette

‘Justice secretary Chris Grayling today promised a “real plan” to shake up human rights law, prompting speculation that prime minister David Cameron will fill in the details in his speech to the Conservative party conference tomorrow.’

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Law Society’s Gazette, 30th September 2014

Source: www.lawgazette.co.uk

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To Absent Friends…Part II – RTA Fraud – Zenith PI Blog

Posted September 30th, 2014 in fraud, insurance, mental health, news by tracey

‘Liverpool Victoria Insurance Company Ltd v Thumber [2014] EWHC 3051 (QB). It is worth spending a short time looking at some of the comments made by the judge. By way of a refresher, this was a road traffic accident involving a vehicle valued at £6,000, with credit hire charges of £130,000. The claim was found to be fraudulent, with the Claimant sentenced, in his absence, to 12 months imprisonment, following committal proceedings commenced by the Defendant insurer.’

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Zenith PI Blog, 29th September 2014

Source: www.zenithpi.wordpress.com

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Man who killed partner and son lays claim to her estate – The Guardian

Posted September 23rd, 2014 in diminished responsibility, homicide, mental health, news, wills by sally

‘A killer who is laying claim to the £80,000 estate of his partner whom he stabbed to death has told a court he is not motivated by money.’

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The Guardian, 22nd September 2014

Source: www.guardian.co.uk

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How could 16-year-old Christina be killed on her way to school? – Daily Telegraph

‘As a report declares the fatal stabbing of schoolgirl Christina Edkins as ‘preventable’, her family speak out about the serious failings that led to the unprovoked attack.’

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Daily Telegraph, 21st September 2014

Source: www.telegraph.co.uk

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Dr Arun Singhal suspended for telling patient to kill herself – BBC News

Posted September 19th, 2014 in disciplinary procedures, doctors, mental health, news, professional conduct, suicide by tracey

‘A doctor who told a patient who was threatening to kill herself to “go and jolly well do it now” has been suspended for three months.’

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BBC News, 18th September 2014

Source: www.bbc.co.uk

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Chris Grayling plans network of mental health centres in prisons – The Guardian

Posted September 16th, 2014 in mental health, news, prisons, rehabilitation by tracey

‘Chris Grayling has ordered justice ministry officials to start work on developing a network of specialist mental health centres within prisons in England and Wales.’

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The Guardian, 16th September 2014

Source: www.www.guardian.co.uk

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Christina Edkins inquiry finds missed opportunities to prevent killing – The Guardian

Posted September 15th, 2014 in homelessness, homicide, inquiries, mental health, news, social services by tracey

‘A string of agencies and professionals missed opportunities to prevent the death of schoolgirl Christina Edkins, who was fatally stabbed on a bus by a homeless man with serious mental health issues, an investigation has concluded.’

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The Guardian, 15th September 2014

Source: www.guardian.co.uk

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Glen Parva suicidal detainee ‘not kept safe’ – BBC News

Posted September 12th, 2014 in inquests, mental health, news, standards, suicide, young offenders by tracey

‘A man with mental health problems killed himself at a young offenders institute after he was wrongly judged “low risk” and was inadequately monitored, an inquest jury has decided.’

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BBC New, 11th September 2014

Source: www.bbc.co.uk

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NHS Trust 1 and another v FG – WLR Daily

Posted September 9th, 2014 in consent, Court of Protection, health, law reports, medical treatment, mental health by sally

NHS Trust 1 and another v FG [2014] EWCOP 30; [2014] WLR (D) 384

‘Where a person lacked capacity to consent to proposed obstetric treatment, an NHS trust should make an application to the court: (1) where medical intervention proposed in the delivery of a baby amounted to serious medical treatment; (2) where there was a real risk of possible use of more than transient forcible restraint; (3) where there was a serious dispute as to what obstetric care was in the person’s best interests; and (4) where the proposed obstetric care and/or the proposed measures used to facilitate it would amount to a deprivation of liberty. That guidance was not intended to restrict the cases where trusts made an application to the court to only those cases which fell within those categories; it had always to remain open to trusts to make an application to the court if the individual circumstances of the case justified it.’

WLR Daily, 28th August 2014

Source: www.iclr.co.uk

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The public sector equality duty and priority need – NearlyLegal

‘In Kanu v Southwark LBC [2014] EWCA Civ 1085, the Court of Appeal considered whether the public sector equality duty added an additional obligation on housing officers when they came to consider whether an applicant had a priority need. As you will all know the public sector equality is an obligation placed on public authorities by s.149, Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation; advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Broken down, when someone is disabled, the duty further requires an authority to have due regard to the need to take steps to take account of a person’s disability.’

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NearlyLegal, 7th September 2014

Source: www.nearlylegal.co.uk

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