Crunch time for cookie use, watchdog warns – BBC News
‘Some of the UK’s most visited websites could face fines unless they make it clearer that cookies are optional.’
BBC News, 21st November 2023
Source: www.bbc.co.uk
Category: consent
TikTok prankster Mizzy jailed for 18 weeks for breaching court order – The Guardian
Posted November 22nd, 2023 in consent, imprisonment, internet, news, sentencing, video recordings by sally
‘The TikTok prankster Mizzy has been jailed for 18 weeks by a judge who said his videos were “not funny”.’
The Guardian, 21st November 2023
Source: www.theguardian.com
Back to the drawing board for patient autonomy? Informed consent following McCulloch – Guildhall Chambers
Posted November 15th, 2023 in appeals, chambers articles, consent, doctors, negligence, news by sally
‘In the most significant decision on informed consent since Montgomery, the Supreme Court have held that the question of what “reasonable alternative treatments” a doctor has a duty to inform their patient about is governed by the “professional practice test” (as in Bolam). As to the disclosure of “material risks” inherent in treatment, the test in Montgomery endures.’
Guildhall Chambers, 24th October 2023
Source: www.guildhallchambers.co.uk
Woman who suffered complications from vaginal mesh implant awarded at least £1m – The Guardian
Posted November 13th, 2023 in compensation, consent, hospitals, medical treatment, negligence, news, women by tracey
‘A woman who suffered traumatic complications from a vaginal mesh implant has been awarded a record settlement of at least £1m from the NHS.’
The Guardian, 13th November 2023
Source: www.theguardian.com
Religious objection to vaccination: Re WSP (A Child) – Law & Religion UK
Posted October 27th, 2023 in appeals, children, consent, human rights, Islam, news, parental responsibility, vaccination by sally
‘In WSP (A Child), Re (Vaccination: Religious Objection) [2023] EWHC 2622 (Fam), UPP, the mother of a 9-month-old boy, WSP, who had been in local authority care since March 2023, asked the Court to exercise its inherent jurisdiction to injunct the local authority from exercising its parental responsibility under s.33(3) Children Act 1989 to arrange for the child to receive several routine childhood vaccinations. She maintained that it was not in WSP’s best interests to be vaccinated and that to vaccinate him without her consent would violate her rights under Article 9 ECHR, both alone and when taken together with Article 14, as given effect by the Human Rights Act 1998. The local authority and the guardian opposed the application.’
Law & Religion UK, 26th October 2023
Source: lawandreligionuk.com
High Court judge backs council decision on vaccination of child, rejects objections of mother – Local Government Lawyer
Posted October 27th, 2023 in children, consent, families, human rights, Islam, local government, mental health, news, vaccination by sally
‘The High Court has ruled that a mother cannot prevent the local authority caring for her child having him vaccinated.’
Local Government Lawyer, 26th October 2023
Source: www.localgovernmentlawyer.co.uk
TikTok star Mizzy banned from social media and faces custodial sentence – BBC News
‘The TikTok star known as Mizzy has been banned from using social media and faces a custodial sentence after he was found guilty of posting videos featuring people without their consent.’
BBC News, 26th October 2023
Source: www.bbc.co.uk
Termination, will and preferences – another difficult dilemma for the Court of Protection – Mental Capacity Law and Policy
‘The very difficult case of Re H (An Adult; Termination) [2023] EWCOP 183[1] stands out for the careful attempt by the judge – John McKendrick KC (sitting as a Tier 3 judge) to comply with (in CRPD language) the will and preferences of a woman with a mental disorder undergoing a profound crisis. The questions he had to answer were whether the woman, H, had capacity to make the decision to consent to terminate her pregnancy,[2] and, if she lacked that capacity, whether a termination was in her best interests; and, if a termination were to be in her best interests, whether this should be carried out by a medical procedure (i.e. the administration of drugs) or a surgical procedure.’
Mental Capacity Law and Policy, 25th October 2023
Indi Gregory: Legal challenge from critically ill baby’s parents dismissed – BBC News
Posted October 24th, 2023 in appeals, children, consent, hospitals, medical treatment, news, parental rights by tracey
‘The parents of a critically ill baby have had a legal challenge against a ruling to end life-support treatment dismissed.’
BBC News, 23rd October 2023
Source: www.bbc.co.uk
Public Law Newsletter: Sept 23 – Spire Barristers
Posted October 17th, 2023 in birth, chambers articles, committals, consent, Court of Protection, disabled persons, domicile, medical treatment, news by sally
‘Public Law Newsletter September 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’
Spire Barristers, 12th September 2023
Source: www.spirebarristers.co.uk
Appeals from personal welfare decisions – the Court of Appeal allocates the costs – Mental Capacity Law and Policy
Posted October 17th, 2023 in appeals, consent, costs, Court of Protection, elderly, medical treatment, news by sally
‘In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in person (on her behalf, and on behalf of other family members) from a decision[1] of Hayden J relating to her mother, a 78 year old woman identified as VA. Hayden J had declared that VA lacked capacity to conduct proceedings or consent to medical treatment including extubation and associated treatment and care. The order further provided that, pursuant to s.16 MCA 2005, it was in VA’s best interests, and the court consented on her behalf, to undergo extubation and the provision of palliative care in accordance with a care and treatment plan prepared by the treating team at the hospital where she was being looked after. The order was made some seven weeks after Morgan J endorsed a consent order that a tracheostomy and insertion of a PEG was in VA’s best interests, but in circumstances where very shortly afterwards the woman’s daughter, VK, sought to challenge the position.’
Mental Capacity Law and Policy, 15th October 2023
Brain stem death, an explainer of the law in England & Wales, and a question of consent – Mental Capacity Law and Policy
Posted September 26th, 2023 in children, codes of practice, consent, medical treatment, news by sally
‘The case of Andy Casey sheds light again on the difficult question of diagnosing death by neurological criteria (“DNC”), and the wider question of what, in fact, it means to be dead. For those who want to know more about it, this explainer by my colleagues Victoria Butler-Cole KC and Ben Tankel is helpful; my review of the recent book on the medico-legal development of neurological death in the UK by Dr Kartina Choong may also be helpful. And some may want to see the 2008 Code of Practice for the Diagnosis and Confirmation of Death by the Academy of Medical Royal Colleges, as well as the 2015 RCPCH Code relating to those under 2 months old (both currently under review).’
Mental Capacity Law and Policy, 25th September 2023
Use of x-rays in asylum age assessments “inaccurate” and “unethical”, experts warn – Local Government Lawyer
Posted September 21st, 2023 in asylum, children, consent, immigration, medical treatment, news, x-rays by sally
‘Medical experts have criticised the use of x-rays to determine the age of lone migrant children and young people seeking asylum in the UK.’
Local Government Lawyer, 20th September 2023
Source: www.localgovernmentlawyer.co.uk
Independent review of disagreements in the care of critically ill children – the report and recommendations – Mental Capacity Law and Policy
‘The Nuffield Council on Bioethics has today, 18 September 2023, published the report of the review it was commissioned in December 2022 to carry out the Secretary of State for Health and Social Care, following a Government commitment in the Health and Care Act 2022. We have now laid this review before Parliament and are encouraging the Government to act on our recommendations.’
Mental Capacity Law and Policy, 18th September 2023
Sharlotte Naglis death: No-consent blood test law earns council backing – BBC News
Posted September 18th, 2023 in bereavement, blood products, consent, dangerous driving, evidence, families, homicide, imprisonment, news, sentencing by sally
‘Calls by the mother of a girl killed by a drink and drug driver to change the law over testing blood without consent to speed up police investigations has been backed by her local council.’
BBC News, 18th September 2023
Source: www.bbc.co.uk
Relatives of roofer on ventilator wait for ruling in treatment dispute – The Independent
‘Relatives of a roofer who suffered a brain injury after being punched in the head are waiting for a High Court judge to rule in a life-support treatment dispute.’
The Independent, 12th September 2023
Source: www.independent.co.uk
Bristol Spire Hospital widens investigation into mesh surgeon – BBC News
‘A hospital’s review of mesh operations by a surgeon who left dozens of patient in agony is now looking into another type of procedure he carried out.’
BBC News, 11th September 2023
Source: www.bbc.co.uk
Informed Consent: What is the test for reasonable alternative or variant treatments? – Gatehouse Chambers
Posted August 25th, 2023 in appeals, chambers articles, consent, medical treatment, news, Supreme Court by sally
‘The Supreme Court in Montgomery imposed (or perhaps clarified) a duty to ensure that any patient is aware of the material risks involved in any recommended treatment. They also extended the duty to obtain informed consent to informing the patient of “any reasonable alternative or variant treatments.”’
Gatehouse Chambers, 7th July 2023
Source: gatehouselaw.co.uk
Autistic man should not be forced to have dialysis, judge rules – BBC News
‘An autistic man with “chronic” kidney disease should not be forced to undergo dialysis, despite the “potentially fatal consequence of not having it”, a judge has ruled.’
BBC News, 23rd August 2023
Source: www.bbc.co.uk
“Consent – does it matter?” – Karen Lennon and Oliver Latham discuss the decision of Knowles J in F v M and the approach to rape allegations in Family Law proceedings – Park Square Barristers
Posted August 17th, 2023 in chambers articles, coercive & controlling behaviour, consent, news, rape, sexual offences by sally
‘In March 2021, the Court of Appeal handed down its now oft cited decision in Re HN [2021] EWCA Civ 448. That case is famous amongst family lawyers as the architect of the modern approach to umbrella allegations of coercive and controlling behaviour. The focus of this article however is on sexual abuse allegations, in particular those of rape.’
Park Square Barristers, 11th July 2023
Source: www.parksquarebarristers.co.uk
