Sexual assault investigation into a child with learning difficulties not a breach of article 3 – Police Law Blog

‘In R (AB) v Chief Constable of Hampshire Constabulary [2019] EWHC 3461 (Admin), the Divisional Court considered a claim on behalf of a boy with severe learning and communication disabilities, that police had failed properly to investigate what appeared to be a disclosure by him of a sexual assault during a stay at in respite care. He argued that they had wrongly proceeded to interview him despite no witness intermediary being available and had subsequently failed to re-interview him with an intermediary. He argued that this was a breach of Article 3, and unlawful disability discrimination. The Court dismissed the claim, also giving important procedural guidance.’

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Police Law Blog, 17th December 2019

Source: ukpolicelawblog.com

High court to decide if children can consent to gender reassignment – The Guardian

‘A landmark test case to establish whether children can give informed consent to medical treatment for gender reassignment begins in the high court this week.’

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The Guardian, 5th January 2020

Source: www.theguardian.com

Calls to reform bail terms after lawyer stabbed to death – The Guardian

‘The case of a teenager jailed for life after stabbing a lawyer to death has raised fresh alarm about the practice of releasing violent suspects without strict bail conditions.’

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The Guardian, 17th December 2019

Source: www.theguardian.com

‘National disgrace’: Hundreds of disabled people detained in UK hospitals for more than 10 years – The Independent

‘More than 350 people with special needs have been detained in hospitals for more than 10 years, analysis has revealed.’

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The Independent, 8th December 2019

Source: www.independent.co.uk

Tate Modern balcony push: Teen admits attempted murder – BBC News

‘A teenager said he threw a boy from the 10th floor of the Tate Modern in London because he wanted to be on the TV news.’

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BBC News, 6th December 2019

Source: www.bbc.co.uk

Family of murdered autistic man attack coroner’s refusal to hold ‘full and fearless’ inquest – Daily Telegraph

‘A coroner has been criticised for refusing to hold a “full and fearless” inquest into murder of autistic man killed by a dangerous criminal just out of prison on licence.’

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Daily Telegraph, 4th December 2019

Source: www.telegraph.co.uk

MoJ data suggests 95% of SEN tribunal cases lost, withdrawn or conceded by local authorities, claims charity – Local Government Lawyer

‘Some 95% of decisions at special educational needs tribunals in 2017/18 were either won by parents, or saw local authorities withdraw or concede, it has been claimed.’

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Local Government Lawyer, 29th October 2019

Source: www.localgovernmentlawyer.co.uk

Public law children cases: improving parental situations, robust case management and judicial pressure – Local Government Lawyer

‘Georgina Dalton rounds up the latest children law cases, including rulings on improvements to parents’ situations, unfair judicial pressure, and deprivations of liberty of 16-17 year olds.’

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Local Government Lawyer, 18th October 2019

Source: www.localgovernmentlawyer.co.uk

The Supreme Court’s Judgment on the Limits of the Exercise of Parental Responsibility – Family Law

‘The focus of this case is whether the confinement of a young person aged 16-17 years-old, found not to be Gillick (Gillick v West Norfolk and Wisbech AHA House of Lords [1986]) competent, amounted to a deprivation of his liberty where his parents had consented to such confinement.’

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Family Law, 20th October 2019

Source: www.familylaw.co.uk

The limits of the inherent jurisdiction (1) – Local Government Lawyer

‘Mr Justice Cobb recently handed down two important decisions on the scope of the inherent jurisdiction at the border of the Mental Capacity Act 2005. In the first of two articles on these rulings, the Court of Protection team at 39 Essex Chambers examine a case concerning a young adult and the use of the inherent jurisdiction to authorise deprivations of liberty where there is no statutory framework in place.’

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Local Government Lawyer, 11th October 2019

Source: www.localgovernmentlawyer.co.uk

Health body faces legal action amid concerns over autism ‘cure’ – The Guardian

Posted October 4th, 2019 in autism, complementary medicine, health, judicial review, medicines, news by tracey

‘The high court is to be asked to decide whether the statutory regulation of homeopaths is safe, amid concerns that some of those on an accredited register are offering an anti-vaccine “cure” for children with autism.’

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The Guardian, 3rd October 2019

Source: www.theguardian.com

Man who does not understand consent has right to pursue sex, court rules – The Guardian

‘The court of protection has ruled that a man who cannot understand the issue of consent must be allowed to pursue sexual relationships.’

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The Guardian, 3rd October 2019

Source: www.theguardian.com

Mum’s legal action over autistic son’s Bristol college place – BBC News

Posted September 12th, 2019 in autism, local government, news, special educational needs, video recordings by tracey

‘The mother of a severely autistic man is taking legal action after a BBC film showing him learning to shop was used to assess him for a college placement.’

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BBC News, 12th September 2019

Source: www.bbc.co.uk

Mother and son beat autistic man to death with rocks and branches because he used footpath on their land – The Independent

Posted August 13th, 2019 in autism, malicious falsehood, murder, news, sentencing, service charges by tracey

‘A mother and son have been been handed life sentences after murdering a marathon runner who crossed their land. Carol Dawson, 72, and Scott Dawson, 41, shot Gary Dean in the back with an air rifle and beat him with rocks and branches in a premeditated attack, a court heard.’

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The Independent, 12th August 2019

Source: www.independent.co.uk

Court of Protection issues ruling in test case on appointment of personal welfare deputies – Local Government Lawyer

‘A Court of Protection judge has clarified the circumstances in which family members may become personal welfare deputies for people aged over 18, calling for the Code of Practice under the Mental Capacity Act 2005 to be redrafted.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Social worker struck off over sex ‘contract’ – BBC News

‘A social worker found to have groomed a vulnerable 19-year-old for sex and made him sign a “relationship contract” has been struck off.’

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BBC News, 21st June 2019

Source: www.bbc.co.uk

NHS care providers left autistic children at risk of self-harm – The Guardian

Posted June 17th, 2019 in autism, children, complaints, hospitals, news, self-harm, suicide by tracey

‘Potentially suicidal autistic children with mental health problems in Staffordshire have been left at risk of self-harm after receiving inadequate and unsafe care, according to a damning leaked internal NHS report.’

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The Guardian, 16th June 2019

Source: www.theguardian.com

Continued use of Taser on autistic male was disproportionate – UK Police Law Blog

Posted June 11th, 2019 in autism, news, police, self-defence, weapons by tracey

‘In Gilchrist v Chief Constable of Greater Manchester Police [2019] EWHC 1233, the High Court considered officers’ use of force in the context of use of CS gas and a taser repeatedly upon a man who was autistic and mentally distressed and found that its continued use became unlawful. Whereas the initial use of CS gas and Taser were justified, once the police learned of the male’s vulnerability as an autistic man and noted that his behaviour was defensive rather than aggressive, a more cautious approach should have been adopted.’

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UK Police Law Blog, 29th May 2019

Source: ukpolicelawblog.com

Mental health hospital where patients were secluded in unfurnished, unsafe rooms, rated inadequate by watchdog – The Independent

‘Vulnerable patients at one of England’s largest charity-run mental health hospitals were kept in unsafe seclusion rooms for excessive amounts of time and without beds, blankets or pillows, a damning report has found. The Care Quality Commission (CQC) has rated adolescent mental health services at St Andrew’s Healthcare hospital in Northampton ”inadequate”.’

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The Independent, 6th June 2019

Source: www.independent.co.uk

Blood products and Jehovah’s Witnesses: DE – Law and Religion UK

‘In Manchester University NHS Foundation Trust v DE [2019] EWCOP 19, DE was a 49-year-old woman who suffered from autism and mild learning difficulties: she and her mother were Jehovah’s Witnesses [3]. In April 2019, DE broke her leg, and the medical evidence was that she needed surgery and that there was a risk that she would require blood transfusion or blood products during the operation [4]. If she did not have the operation, her mobility would be impaired [5] and the need for an operation was urgent.’

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Law and Religion UK, 29th May 2019

Source: www.lawandreligionuk.com