39 Essex Chambers September Mental Capacity Report and walkthrough – Mental Capacity Law and Policy

Posted September 7th, 2023 in chambers articles, deprivation of liberty safeguards, mental health, news by sally

‘Our September 2023 Mental Capacity Report is now out, which we think is our largest ever, thanks to judicial hyperactivity over what is usually the (relatively) quiet summer period.’

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Mental Capacity Law and Policy, 6th September 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Judge refuses to make deprivation of liberty order where local authority feared termination of placement if none made – Local Government Lawyer

‘A judge has refused a local authority’s application for authorisation of arrangements which have resulted in a teenage girl being deprived of her liberty whilst residing at a children’s home.’

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Local Government Lawyer, 6th September 2023

Source: www.localgovernmentlawyer.co.uk

Deprivation of Liberty Safeguards applications up by 11% since last year – Local Government Lawyer

Posted August 29th, 2023 in deprivation of liberty safeguards, news, social services, statistics by sally

‘New data published by the NHS has revealed there were an estimated 300,765 applications for Deprivation of Liberty Safeguards (DoLS) received between 1 April 2022 to 31 March 2023.’

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Local Government Lawyer, 25th August 2023

Source: www.localgovernmentlawyer.co.uk

Maguire, Detention, and Article 2 Inquests – Doughty Street Chambers

‘Maguire [2023] UKSC 20 is the most recent, and highest, authority on the engagement of Article 2 ECHR in inquests. The Supreme Court’s judgment ties together the Maguire and Morahan authorities (both of which had previously reached the Court of Appeal). It runs to 77 pages, with a leading judgment from Lord Sales, and a concurrence from Lord Stephens.’

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Doughty Street Chambers, 7th July 2023

Source: insights.doughtystreet.co.uk

Ofsted issues warning against placement of vulnerable children in unregistered homes – Local Government Lawyer

‘Ofsted has warned that “too often”, children subject to deprivation of liberty (DoL) orders are placed in illegal unregistered settings without external oversight.’

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Local Government Lawyer, 15th August 2023

Source: www.localgovernmentlawyer.co.uk

National deprivation of liberty court: Latest data trends – June 2023 – Family Law

‘In July 2022, the President of the Family Division launched the national deprivation of liberty court. Based at the Royal Courts of Justice, it deals with all new applications seeking authorisation to deprive children of their liberty under the inherent jurisdiction and will run for a 12-month pilot phase initially. Nuffield Family Justice Observatory was invited to collect and publish data on these applications.’

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Family Law, 7th August 2023

Source: www.familylaw.co.uk

Public Law Newsletter – Spire Barristers

‘Public Law Newsletter July 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 27th July 2023

Source: www.spirebarristers.co.uk

R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde and another – Inquests and Inquiries Law Blog

‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’

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Inquests and Inquiries Law Blog, 18th July 2023

Source: inquestsandinquirieslawblog.com

Deprivation of liberty safeguards reform delayed – Law Society’s Gazette

‘Major reform of safeguards covering people detained under the Mental Capacity Act will be a matter for the next government, the current government has revealed.’

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Law Society's Gazette, 22nd June 2023

Source: www.lawgazette.co.uk

Secure Accommodation Order applications do not need a Circuit Judge – Becket Chambers

‘This article will set out the law in relation to the judicial allocation for applications under s.25 of the Children Act 1989.’

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Becket Chambers, 2nd March 2023

Source: becket-chambers.co.uk

Safe as Houses: depriving children of their liberty – Law Pod UK

Posted February 23rd, 2023 in children, deprivation of liberty safeguards, news, podcasts by sally

‘Applications for secure accommodation or deprivation of liberty orders, for children in the UK, have increased significantly in recent years. Lucy McCann talks with Richard Ager and Clare Ciborowska about the current situation.’

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Law Pod UK, 22nd February 2023

Source: audioboom.com

Judge lambasts education secretary over lack of secure places for children – The Guardian

‘The country’s most senior family judge has accused the education secretary of “complacency bordering on cynicism” in a scathing judgment that deplores the lack of secure, therapeutic placements in England and Wales for scores of children with complex needs at risk of taking their own lives.’

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The Guardian, 31st January 2023

Source: www.theguardian.com

Woman with diabetes and subject to deprivation of liberty in care placement to be allowed home, judge rules – Local Government Lawyer

‘A Court of Protection judge has ruled that a woman with type 1 diabetes and mental health issues can go home, after being deprived of her liberty in a specialist facility which she expressed she “hated” being in.’

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Local Government Lawyer, 9th January 2022

Source: www.localgovernmentlawyer.co.uk

Man with history of sex offending has capacity to make decisions in relation to care and support arrangements, Court of Protection judge rules – Local Government Lawyer

‘A Court of Protection judge has ruled that a young man with a history of sex offending will no longer be subject to a Deprivation of Liberty Authorisation.’

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Local Government Lawyer, 19th December 2022

Source: www.localgovernmentlawyer.co.uk

Sex offender who poses risk is able to make own decisions about care – judge – The Independent

‘A convicted child sex offender who “poses a risk” has the mental capacity to make decisions about his care and support, a judge has decided after a hearing in a specialist court.’

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The Independent, 14th December 2022

Source: www.independent.co.uk

Law Society calls for Mental Health Act reform to be prioritised after data shows disproportionate impact on Black British people – Local Government Lawyer

‘The Law Society has said that reforming the Mental Health Act “must be a priority for the government” after annual statistics on the Mental Health Act have revealed that Black British people are still disproportionately affected in terms of detention and treatment compared to white people.’

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Local Government Lawyer, 1st November 2022

Source: www.localgovernmentlawyer.co.uk

Deputy High Court judge calls for non-means assessed legal aid for parents involved in deprivation of liberty proceedings – Local Government Lawyer

‘There is a compelling case for parents involved in deprivation of liberty proceedings to be treated the same as respondents in care proceedings when it comes to the provision of legal aid, a Deputy High Court Judge has said.’

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Local Government Lawyer, 24th October 2022

Source: www.localgovernmentlawyer.co.uk

Judge approves unlawful placement for girl, 13, at risk of suicide – The Guardian

‘A 13-year-old girl at risk of suicide and in the care of Manchester city council has languished in hospital for more than three months due to a lack of suitable placements anywhere in the country.’

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The Guardian, 12th October 2022

Source: www.theguardian.com

Nearly 240 applications made for deprivation of liberty for children in first two months of new national court – Local Government Lawyer

‘There were 237 applications to deprive children of their liberty in the first two months of the new national deprivation of liberty (DoLs) court, the Nuffield Family Justice Observatory (NFJO) has said.’

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Local Government Lawyer, 6th October 2022

Source: www.localgovernmentlawyer.co.uk

Deprivations of liberty of 16-17 year olds and the streamline procedure – Local Government Lawyer

‘How should the Court of Protection approach applications to authorise the deprivation of liberty of a 16 or 17 year old? And when is the streamlined procedure appropriate? Alex Ruck Keene looks at the current position.’

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Local Government Lawyer, 8th July 2022

Source: www.localgovernmentlawyer.co.uk