Children’s Capacity Report – February 2025 – 39 Essex Chambers

‘In the Children’s Capacity Report: deprivation of liberty before the courts and Parliament, when capacitous consent is not enough, and best interests and the clinical circling of the wagons.’

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39 Essex Chambers, 1st February 2025

Source: www.39essex.com

Local authorities cannot authorise deprivations of liberty of children in care, Court of Appeal rules – Local Government Lawyer

‘The Court of Appeal has allowed an appeal over whether a local authority can authorise the deprivation of liberty of a 14-year-old boy in exercise of its parental responsibility under a care order.’

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Local Government Lawyer, 6th February 2025

Source: www.localgovernmentlawyer.co.uk

High Court refuses application for deprivation of liberty order regarding disabled 15-year-old subject to care order – Local Government Lawyer

‘A judge has refused an application by a local authority for a declaration from the High Court that it is lawful and in the best interests of a 15-year-old boy with “profound enduring disabilities”, who is the subject of a care order, to be deprived of his liberty.’

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Local Government Lawyer, 4th February 2025

Source: www.localgovernmentlawyer.co.uk

The Court of Protection and deprivation of liberty of those under 18 – Mental Capacity Law and Policy

‘The President of the Family Division has set out public-facing Practice Guidance (January 2025) for cases transitioning from the National DOL List (“NDL”) to the Court of Protection. The Practice Guidance is based on the internal guidance used by judiciary and court staff with respect to such cases, which was referred to in the October 2023 NDL national listing protocol guidance.’

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Mental Capacity Law and Policy, 13th January 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Mental Health Bill – Joint Committee on Human Rights call for evidence – Mental Capacity Law and Policy

‘The Joint Committee on Human Rights is undertaking scrutiny of the Mental Health Bill to assess its compatibility with international and domestic human rights standards. The Committee has a call for evidence closing on 24 January 2025.’

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Mental Capacity Law and Policy, 12th January 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Judge rejects application by local authority for declaration in dispute between council and health board over responsibility for care of 15 year old – Local Government Lawyer

‘A High Court judge has rejected a local authority’s application for a declaration from the court that because a vulnerable young person was detainable under the provisions of the Mental Health Act 1983, the court did not have jurisdiction to grant a Deprivation of Liberty (DoL) order pursuant to the inherent jurisdiction.’

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Local Government Lawyer, 25th November 2024

Source: www.localgovernmentlawyer.co.uk

Cheshire West revisited: deprivation of liberty and children – UK Human Rights Blog

‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’

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UK Human Rights Blog, 22nd November 2024

Source: ukhumanrightsblog.com

Mental Capacity Report – November 2024 – 39 Essex Chambers

‘Mental Capacity Report – November 2024’

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39 Essex Chambers, 1st November 2024

Source: www.39essex.com

The CQC and DoLS – the need for a ‘substantial intervention’ – Mental Capacity Law and Policy

‘In its most recent State of Care Report, the CQC has a lengthy and detailed ‘area of concern’ section on DoLS, the key findings being as follows:

– Too many people are waiting too long for a Deprivation of Liberty Safeguards (DoLS) authorisation, despite multiple examples of local authorities trying their best to reduce backlogs and ensure sustainable improvement.
– We remain worried about the rights of people at the heart of the DoLS system. We continue to see people in vulnerable circumstances without legal protection, which not only affects them but also their families, carers, staff and local authorities.
– The system has needed reform for over 10 years. Unless there is substantial intervention, we are concerned that these challenges will continue.’

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Mental Capacity Law and Policy, 31st October 2024

Source: www.mentalcapacitylawandpolicy.org.uk

The importance of due diligence in choosing children’s residential placements – Local Government Lawyer

‘Kristine Lidgerwood aims to provoke thought and encourage thorough system checks based on recent experiences that have raised serious concerns.’

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Local Government Lawyer, 23rd October 2024

Source: www.localgovernmentlawyer.co.uk

Health, Welfare and Deprivation of Liberty Report – October 2024 – 39 Essex Chambers

‘In the Health, Welfare and Deprivation of Liberty Report: what to do where there is no reliable evidence of P’s wishes and feelings.’

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39 Essex Chambers, 1st October 2024

Source: www.39essex.com

Practice and Procedure Report – October 2024 – 39 Essex Chambers

‘In the Practice and Procedure Report: the perfect as the enemy of the good, and what to do when the situation changes.’

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39 Essex Chambers , 1st October 2024

Source: www.39essex.com

Mental Health Matters Report – October 2024 – 39 Essex Chambers

‘In the Mental Health Matters Report: the human rights consequences of outsourcing in the mental health context.’

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39 Essex Chambers , 1st October 2024

Source: www.39essex.com

Property and Affairs Report – October 2024 – 39 Essex Chambers

‘In the Property and Affairs Report: gifts, attorneys and deputies.’

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39 Essex Chambers, 1st October 2024

Source: www.39essex.com

Council at fault in consideration of best interests of elderly woman, Ombudsman finds – Local Government Lawyer

‘The woman behind the complaint, Ms Y, complained that professionals failed to understand her mother’s personality and wrongly determined she lacked capacity.’

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Local Government Lawyer, 7th October 2024

Source: www.localgovernmentlawyer.co.uk

Care proceedings quicker with more disposals within 26 weeks: MoJ – Local Government Lawyer

‘The average time for public law care or supervision cases to reach first disposal was 41 weeks in April to June 2024, down 3 weeks from the same quarter in 2023, according to the latest data published by the Ministry of Justice (MoJ).’

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Local Government Lawyer, 27th September 2024

Source: www.localgovernmentlawyer.co.uk

Ombudsman recommends council review triaging procedures for Deprivation of Liberty Safeguards requests – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has found Stockport Metropolitan Borough Council at fault for depriving a woman of her liberty without an authorisation, and failing to involve her attorney in a best interests meeting to decide on a new placement.’

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Local Government Lawyer, 23rd September 2024

Source: www.localgovernmentlawyer.co.uk

Outsourcing and the Human Rights Act 1998 – the consequences – Mental Capacity Law and Policy

‘Without straying into politics, Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) is a case which demonstrates the consequences of the fact that much state-funded care – including coercive mental health care – is now delivered privately. It concerns a man, Paul Sammut, who had what was described as a chronic, enduring and treatment resistant schizophrenia. For large parts of his adult life, he was detained under s.3 Mental Health Act 1983.’

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Mental Capacity Law and Policy, 16th September 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Property and Affairs Report – September 2024 – 39 Essex Chambers

‘In the Property and Affairs Report: a guest post updating deputies and attorneys on important responsibilities.’

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39 Essex Chambers, 1st September 2024

Source: www.39essex.com

Health, Welfare and Deprivation of Liberty Report – 39 Essex Chambers

‘In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal on belief and capacity, and both sexual and medical complexities before the courts.’

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39 Essex Chambers , 1st September 2024

Source: www.39essex.com