Court of Protection approves Covid vaccine for man lacking capacity, but declines to authorise booster dose without another hearing – Local Government Lawyer

‘A Court of Protection judge has approved the giving of the first and second dose of a Covid-19 vaccination to a man who lacks capacity, but has declined to authorise in advance the administration of a booster dose.’

Full Story

Local Government Lawyer, 16th August 2021

Source: www.localgovernmentlawyer.co.uk

Alta Fixsler: European court says UK hospital can withdraw life support – The Guardian

‘A Manchester hospital may withdraw life support from a seriously brain-damaged child after the European court of human rights rejected an appeal by the girl’s family.’

Full Story

The Guardian, 4th August 2021

Source: www.theguardian.com

Inherent jurisdiction can be used for deprivation of liberty of children amid “scandalous” shortage of approved secure accommodation: Supreme Court – Local Government Lawyer

‘The inherent jurisdiction of the High Court can be used to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable, the Supreme Court has held.’

Full Story

Local Government Lawyer, 30th July 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: In the matter of T (A Child) [2021] UKSC 35 – UKSC Blog

The Supreme Court has unanimously dismissed this appeal concerning two main issues: (i) First, is it a permissible exercise of the High Court’s inherent jurisdiction to make an order authorising a local authority to deprive a child of his or her liberty in this category of case? (ii) Secondly, if contrary to T’s argument the High Court can have recourse to its inherent jurisdiction to make an order of the type in question, what is the relevance of the child’s consent to the proposed living arrangements?

Full Story

UKSC Blog, 30th July 2021

Source: ukscblog.com

Stealthing: ‘I didn’t realise it’s rape until it happened to me’ – BBC News

Posted July 27th, 2021 in consent, news, rape, sexual offences by sally

‘Stealthing – or non-consensual condom removal – is rape under UK law, but there’s only ever been one successful prosecution, and that was in 2019.’

Full Story

BBC News, 27th July 2021

Source: www.bbc.co.uk

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

High court ruling on puberty blockers ‘based on partisan evidence’ – The Guardian

Posted June 24th, 2021 in children, consent, medical treatment, news, transgender persons by sally

‘A landmark judgment that children under the age of 16 considering gender reassignment are unlikely to be mature enough to give informed consent to be prescribed puberty-blocking drugs undermined their entitlement to make decisions for themselves and was based on “partisan expert evidence”, the court of appeal has heard.’

Full Story

The Guardian, 23rd June 2021

Source: www.theguardian.com

The sexual assault of sleeping women: the hidden, horrifying rape crisis in Britain’s bedrooms – The Guardian

Posted June 17th, 2021 in consent, domestic violence, news, prosecutions, rape, sexual offences by sally

‘A recent survey suggested a shockingly high proportion of women have been sexually assaulted by a partner as they slept. Now more and more are speaking out.’

Full Story

The Guardian, 15th June 2021

Source: www.theguardian.com

Bell v Tavistock and the Implications for Trans Children, Part 2: the Law after AB v CD and others – Family Law Week

‘As set out in my previous article, the decision of the High Court in Bell & Anor v The Tavistock And Portman NHS Foundation Trust [2020] EWHC 3274 (“Bell v Tavistock”) arguably raised more questions than it answered for transitioning children and their families. The principal legal issue for the court to adjudicate in Bell v Tavistock was whether a child or young person under the age of 16 could achieve Gillick competence in respect of the decision to take puberty blockers [133]. The court specifically declined to address whether parents could consent to the use of puberty blockers on their child’s behalf, as this was not the Gender Identity Development Service’s (“GIDS”) policy; GIDS relied on consent of the child or young adult being treated.’

Full Story

Family Law Week, 24th May 2021

Source: www.familylawweek.co.uk

Senior judge declines to order Covid vaccination of 86-year-old woman – Local Government Lawyer

Posted May 20th, 2021 in consent, coronavirus, disabled persons, elderly, news, vaccination by tracey

‘The Court of Protection has ruled that an 86-year-old woman with dementia should not be either forcibly given a Covid vaccine or deceived into accepting a jab.’

Full Story

Local Government Lawyer, 20th May 2021

Source: www.localgovernmentlawyer.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

Case Preview: Lloyd v Google LLC – UKSC Blog

‘In this post, Kenny Henderson and Alex Askew of CMS preview the appeal being heard over the next two days in the matter of Lloyd v Google LLC, which concerns a claim alleging that the appellant (“Google”) breached its duties as a data controller to over 4m Apple iPhone users during a period of some months in 2011- 2012, when Google was able to collect and use their browser generated information.’

Full Story

UKSC Blog, 28th April 2021

Source: ukscblog.com

High Court Rules Parents Can Consent to Puberty Blockers On Their Child’s Behalf – Each Other

‘On Trans Day of Visibility 2021, trans children in England and Wales may feel a little more visible, after a recent High Court decision confirmed that parents can consent to their children being prescribed puberty blockers and a court application will not normally have to be made.’

Full Story

Each Other, 31st March 2021

Source: eachother.org.uk

Accepting cap on damages deduction “equals informed consent” – Litigation Futures

Posted March 29th, 2021 in consent, costs, damages, fees, news, solicitors by tracey

‘A solicitor telling a client that they will deduct up to 25% of damages to cover costs not recovered in a low-value personal injury case amounts to informed consent, a regional costs judge has ruled.’

Full Story

Litigation Futures, 29th March 2021

Source: www.litigationfutures.com

Parents can consent to children being given puberty blockers, High Court rules – The Independent

‘Parents can consent to their child being given puberty blockers without applying for a court’s approval, the High Court has ruled following a case that contested whether under-16s were able to give permission themselves.’

Full Story

The Independent, 27th March 2021

Source: www.independent.co.uk

‘Informed consent’ fees dispute set for Court of Appeal showdown – Law Society’s Gazette

‘Afees dispute in a personal injury claim with the potential to affect thousands of similar cases is set to be contested in the Court of Appeal.’

Full Story

Law Society's Gazette, 24th March 2021

Source: www.lawgazette.co.uk

Covid-19: Concern over ‘do not resuscitate’ decisions during pandemic – BBC News

Posted March 18th, 2021 in consent, coronavirus, families, hospitals, medical treatment, news, reports by sally

‘Individuals’ human rights may have been breached in more than 500 cases where “do not resuscitate” decisions were made during the Covid pandemic, the care watchdog for England has said.’

Full Story

BBC News, 18th March 2021

Source: www.bbc.co.uk

Improper Non-Disclosure of a Complainant’s Medical Records – Pump Court Chambers

‘A Complainant (“C”) refuses to consent to his GP providing the Crown with medical records. The Defendant (“D”) has requested disclosure of these records, on the understanding that C has a history of prolonged substance abuse and mental health concerns. C has also indicated that he believes information within the records is detrimental to the Crown’s case; hence, his refusal.’

Full Story

Pump Court Chambers, 25th February 2021

Source: www.pumpcourtchambers.com

‘Revenge porn’ is a misnomer – UK Human Rights Blog

‘Why we should replace ‘revenge porn’ with ‘image based sexual abuse’ and reform the mens rea of the Criminal Justice and Courts Act 2015.’

Full Story

UK Human Rights Blog, 10th March 2021

Source: ukhumanrightsblog.com

High Court rejects application by mother to prevent local authority from imposing vaccinations on child in foster care – Local Government Lawyer

‘A High Court judge has rejected a mother’s application, supported by the father, to prevent a local authority from imposing a programme of vaccinations on a child in foster care without their consent.’

Full Story

Local Government Lawyer, 26th February 2021

Source: www.localgovernmentlawyer.co.uk