Tenants who lack mental capacity to make decisions – Tanfield Chambers

‘In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant, who was profoundly physically and mentally disabled, appealed from a decision that she was not entitled to housing benefit in respect of the sums payable under a tenancy agreement which, in the space for the tenant’s signature, stated that she was “profoundly disabled and cannot communicate at all.”’

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Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

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How mad must you be, not to be responsible for your actions? – UK Human Rights Blog

Posted July 14th, 2015 in appeals, crime, mental health, negligence, news, personal injuries by tracey

‘Dunnage v. Randall & UK Insurance Ltd [2015] EWCA Civ 673, 2 July 2015
This is an extraordinary case, and one which goes deep down into why the law of wrongs (or torts) makes people compensate others for injury and losses, whereas the criminal law may decide that a crime has not been committed.’

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UK Human Rights Blog, 14th July 2015

Source: www.ukhumanrightsblog.com

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Kesia Leatherbarrow: Girl’s death not ‘preventable’, review finds – BBC News

Posted July 9th, 2015 in children, detention, mental health, news, reports, suicide, young persons by sally

‘A troubled teenager who took her own life after being held in a police cell was failed by agencies, a report found.’

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BBC News, 9th July 2015

Source: www.bbc.co.uk

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Eleanor de Freitas rape case: Legal bid for new inquest – Daily Telegraph

‘Family of vulnerable 23-year-old woman who took own life after being charged with making false rape claim launch new legal bid.’

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Daily Telegraph, 9th July 2015

Source: www.telegraph.co.uk

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Providing protective care to people unable to consent to treatment – Law Commission

‘The Mental Capacity Act aims to protect people who lack mental capacity but need to be deprived of liberty in order to receive appropriate care and treatment in hospitals and care homes. But the safeguards are not meaningful for disabled and older people and their families, local councils and the NHS are struggling to meet their obligations under the law, and people who live in other settings – such as supported living – are being left unprotected.’

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Law Commission, 7th July 2015

Source: www.lawcom.gov.uk

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The Lord Janner U-turn: what is the public interest in a trial of the act? – Crimeline

‘Yesterday’s U-turn concerning the decision to prosecute Lord Janner for alleged child sex offences has thrown a spotlight onto a procedure in English criminal law called the “trial of the act”. What is this procedure and what purpose does it serve? And why has its application to Lord Janner’s case proved controversial?’

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Crimeline, 30th June 2015

Source: www.crimeline.info

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Prison staff shortages contribute to suicides, report says – BBC News

‘Understaffing in prisons in England and Wales could be a factor in suicides among inmates, a review has concluded.’

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BBC News, 1st July 2015

Source: www.bbc.co.uk

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Litigants in person, mental health, and relief from sanctions – Zenith PI Blog

‘An application for an extension of time to serve medical evidence by a litigant in person with a mental health disability was refused where there had been a number of breaches and considerable delay, effectivly bringing proceedings to a halt. Appeal to Court of Appeal dismissed.’

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Zenith PI Blog, 26th June 2015

Source: www.zenithpi.wordpress.com

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Greville Janner case: Alison Saunders faces calls to publish secret papers – Daily Telegraph

‘Alleged child abuse victims and MPs say independent review of bungled case must be made public.’

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Daily Telegraph, 29th June 2015

Source: www.telegraph.co.uk

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The Lord Janner U-turn is the CPS’s own fault – The Guardian

‘Between the independent reviewer and the DPP there’s no disagreement on facts, but ultimately it’s highly unlikely Janner will appear in court.’

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The Guardian, 29th June 2015

Source: www.guardian.co.uk

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Sadie Jenkins given supervision order for slitting children’s throats – BBC News

‘A woman who slit the throats of two children has been given a two-year supervision order.’

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BBC News, 26th June 2015

Source: www.bbc.co.uk

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Lord Janner: DPP Alison Saunders was wrong not to bring charges against peer, lawyer rules – The Independent

‘Accusations that Greville Janner, the former Labour MP, sexually abused a number of children are to be tested in court after an independent lawyer ruled the Director of Public Prosecutions (DPP) was wrong not to bring charges.’

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The Independent, 28th June 2015

Source: www.independent.co.uk

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Alison Saunders: My Lord Janner decision could be reversed – Daily Telegraph

‘Director of Public Prosecutions suggests she will accept the outcome of a review if her decision not to prosecute the Labour peer is overruled’

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Daily Telegraph, 25th June 2015

Source: www.telegraph.co.uk

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Edmonton beheading trial: Nicholas Salvador to be detained indefinitely in high-security psychiatric hospital following not guilty verdict – The Independent

Posted June 24th, 2015 in homicide, mental health, news, sentencing by sally

‘The man who beheaded an elderly great-grandmother in a London suburb last year has been found not guilty – but will be confined in a high-security psychiatric hospital for life.’

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The Independent, 23rd June 2015

Source: www.independent.co.uk

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Ronayne v Liverpool Women’s Hospital NHS Foundation Trust – WLR Daily

Ronayne v Liverpool Women’s Hospital NHS Foundation Trust: [2015] EWCA Civ 588; [2015] WLR (D) 263

‘Where a claimant alleged that he suffered psychiatric injury as a secondary party caused by observing in a hospital setting the consequences of clinical negligence, the court was to take into account the fact that a visitor to a hospital would expect to see patients connected to machines and drips and things they would not like to see, was necessarily to a certain degree conditioned as to what to expect and was likely to be warned by medical staff of an impending encounter likely to prove more than ordinarily distressing. Whether an event was “horrifying” for the purposes of such a claim was to be judged by objective standards and by reference to ordinary susceptibility.’

WLR Daily, 17th June 0215

Source: www.iclr.co.uk

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Appeal ruling backs representation in deprivation of liberty cases – Law Society’s Gazette

Posted June 17th, 2015 in appeals, Court of Protection, disabled persons, mental health, news by sally

‘In an unusual judgment, the Court of Appeal has ruled that streamlined procedures introduced by the Court of Protection must not prevent people who lack capacity from participating in or having legal representation at hearings affecting their liberty.’

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Law Society’s Gazette, 16th June 2015

Source: www.lawgazette.co.uk

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Amanda Young not guilty of Joshua Gafney manslaughter – BBC News

Posted June 15th, 2015 in homicide, medicines, mental health, negligence, news, nurses by sally

‘A nurse who gave a patient a lethal overdose of a prescription drug has been found not guilty of manslaughter by gross negligence.’

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BBC News, 15th June 2015

Source: www.bbc.co.uk

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Yarl’s Wood holding vulnerable women for too long, say monitors – The Guardian

Posted June 10th, 2015 in detention, immigration, mental health, news, women by sally

‘Yarl’s Wood immigration removal centre is holding vulnerable women for too long in conditions that are causing them serious distress and are not suitable for those with mental health problems, according to a damning independent report.’

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The Guardian, 9th June 2015

Source: www.guardian.co.uk

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Stress-testing Schedule 3: cross-border placements and the Court of Protection

‘In Re PA, PB and PC [2015] EWCOP 38, Baker J has conducted a detailed analysis of the jurisdiction of the Court of Protection to recognise and enforce foreign protective measures under Schedule 3 to the Mental Capacity Act (MCA) 2005. That Schedule represents the implementation in English law of obligations contained within the 2000 Hague Convention on the International Protection of Adults (the Convention) (which the United Kingdom has ratified in respect of Scotland, but not England).’

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Halsbury’s Law Exchange, 9th June 2015

Source: www.halsburyslawechange.co.uk

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Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) – WLR Daily

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) [2015] UKSC 30; [2015] WLR (D) 224

‘When considering whether a homeless person had priority need for housing as a “vulnerable” person under section 189(1)(c) of the Housing Act 1996 the correct comparator for assessing vulnerability was an ordinary person if made homeless rather than an ordinary actual homeless person and, in making that assessment, account could be taken of third party support, including support from family members.’

WLR Daily, 13th May 2015

Source: www.iclr.co.uk

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