Supreme Court Revisits Wrongful Birth Claims – Quarterly Medical Law Review

‘In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in ‘wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort of negligence more generally. In particular, the court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies.’

Full Story

Quarterly Medical Law Review, 28th July 2021

Source: 1corqmlr.com

Khan (Respondent) v Meadows (Appellant) [2021] UKSC 21 – Hailsham Chambers

‘In this highly anticipated judgment, the Supreme Court unanimously dismissed the appeal and held that the Defendant doctor was only liable for losses which fell within the scope of her duty of care, thereby significantly reducing the damages recoverable by the Claimant.’

Full Story

Hailsham Chambers, 21st July 2021

Source: www.hailshamchambers.com

Autism: Number of people stuck in hospital ‘national scandal’ – BBC News

‘The government’s failure to reduce the number of autistic people confined to mental health units in England is a “national scandal”, a charity says.’

Full Story

BBC News, 14th July 2021

Source: www.bbc.co.uk

‘Staggeringly high’ number of people with autism on UK Prevent scheme – The Guardian

Posted July 7th, 2021 in autism, news, ombudsmen, statistics, terrorism, young offenders by sally

‘A “staggeringly high” number of people with autism are referred to the government’s anti-radicalisation Prevent programme, a terror laws watchdog will say, calling for discussion about terrorism cases in which the disability features.’

Full Story

The Guardian, 7th July 2021

Source: www.theguardian.com

Danyal Hussein found guilty of murdering two sisters in London park – The Guardian

Posted July 7th, 2021 in autism, families, internet, mental health, murder, news, young offenders by sally

‘A teenager has been convicted of the murder of two sisters in a London park last year whom he stabbed to death after coming through a government “deradicalisation” programme.’

Full Story

The Guardian, 6th July 2021

Source: www.theguardian.com

Supreme Court to hear next week key case on capacity to have sexual relations – Local Government Lawyer

‘The Supreme Court will next week (15 July) hear a case over whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

Full Story

Local Government Lawyer, 5th June 2021

Source: www.localgovernmentlawyer.co.uk

Meadows v Khan in the Supreme Court: Scope of Duty in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

‘In Meadows v Khan [2021] UKSC 21, the Supreme Court unanimously dismissed Ms Meadows’ appeal, finding that there was no principled basis for excluding a clinical negligence claim from the ambit of the ‘scope of duty principle’ in the tort of negligence. The judgment can be read here. This short blog looks at the majority’s reasoning.’

Full Story

Ropewalk Clinical Negligence Blog, 24th June 20201

Source: www.ropewalk.co.uk

Supreme Court Revisits Wrongful Birth Claims: an extended look — Robert Kellar QC and Owain Thomas QC – UK Human Rights Blog

‘In Khan v. Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort negligence more generally. In particular, the Court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies. In particular, it is not sufficient for a claimant to establish that – with competent advice – they would have made a different decision about their treatment or care. They must also demonstrate that the particular harm that they have suffered fell within the scope of the defendant’s duty of care.’

Full Story

UK Human Rights Blog, 24th June 2021

Source: ukhumanrightsblog.com

Court of Protection case update – Local Government Update

‘Aaqib Javed and Holly Littlewood review the latest cases of interest to Court of Protection practitioners.’

Full Story

Local Government Update, 25th June 2021

Source: www.localgovernmentlawyer.co.uk

Cawston Park hospital closed after ‘consistent failures’ – BBC News

Posted May 28th, 2021 in autism, hospitals, learning difficulties, news, quality assurance by tracey

‘A hospital which provided care for adults with a learning disability or autism closed after “consistent failures in meeting standards”, the health watchdog said.’

Full Story

BBC News, 28th May 2021

Source: www.bbc.co.uk

Supreme Court gives permission to appeal in capacity to consent to sexual relations case – Local Government Lawyer

Posted May 6th, 2021 in appeals, autism, consent, Court of Protection, news, Supreme Court by sally

‘The Supreme Court has agreed to hear a case on whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

Full Story

Local Government Lawyer, 5th May 2021

Source: www.localgovernmentlawyer.co.uk

Teenager who threw six-year-old from Tate Modern was not considered a risk – The Guardian

‘An autistic teenager who threw a six-year-old boy from the Tate Modern was not considered a risk to others at the time, despite previously assaulting police and a restaurant worker and hitting support staff with a brick, a report has found.’

Full Story

The Guardian, 27th April 2021

Source: www.theguardian.com

Deprivation of liberty and writs of habeas corpus – Local Government Lawyer

‘The Court of Protection has found that if a local authority does not apply for an order under the inherent jurisdiction, a parent can challenge the deprivation of liberty of their child in a specialist school by bringing a writ of habeas corpus. Joshua Swirsky analyses the ruling.’

Full Story

Local Government Lawyer, 1st April 2021

Source: www.localgovernmentlawyer.co.uk

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant – Local Government Lawyer

‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’

Full Story

Local Government Lawyer, 18th February 2021

Source: www.localgovernmentlawyer.co.uk

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant – Local Government Lawyer

Posted February 18th, 2021 in autism, children, local government, mental health, news, social services by sally

‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’

Full Story

Local Government Lawyer, 18th February 2021

Source: www.localgovernmentlawyer.co.uk

UK woman who killed disabled son detained in hospital indefinitely – The Guardian

‘A woman who killed her disabled 10-year-old son after undergoing a breakdown during the UK’s coronavirus lockdown has been detained in hospital indefinitely.’

Full Story

The Guardian, 11th February 2021

Source: www.theguardian.com

Court of Protection Newsletter – Spire Barristers

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

Full Story

Spire Barristers, 10th February 2021

Source: spirebarristers.co.uk

The woman who live-tweets inquests – BBC News

Posted February 10th, 2021 in autism, coroners, disabled persons, inquests, internet, news by sally

‘George Julian is crowdfunding to attend coroners’ courts and live-tweet the inquests of people with learning disabilities and autism.’

Full Story

BBC News, 10th February 2021

Source: www.bbc.co.uk

Official Solicitor wins appeal over ability of mother and step-father of autistic man to leave homes to provide care during first lockdown – Local Government Lawyer

‘The Official Solicitor has won an appeal on behalf of a 30-year-old with autism and communication difficulties over whether his mother and step-father had a reasonable excuse during the first national lockdown to leave their homes to provide him with care.’

Full Story

Local Government Lawyer, 19th January 2021

Source: www.localgovernmentlawyer.co.uk

Mental Health Act reforms aim to tackle high rate of black people sectioned – The Guardian

‘Reforms to the Mental Health Act will help tackle the disproportionate number of black people sectioned, the government has announced.’

Full Story

The Guardian, 13th January 2021

Source: www.theguardian.com