‘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.’
Local Government Lawyer, 9th January 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 19th December 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
The Independent, 14th December 2022
Source: www.independent.co.uk
‘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.’
Local Government Lawyer, 1st November 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 24th October 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
The Guardian, 12th October 2022
Source: www.theguardian.com
‘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.’
Local Government Lawyer, 6th October 2022
Source: www.localgovernmentlawyer.co.uk
‘A Family Division judge has strongly criticised the lack of therapeutic care within a restrictive environment for young people who need this.’
Local Government Lawyer, 7th July 2022
Source: www.localgovernmentlawyer.co.uk
‘The President of the Family Division has confirmed the launch of a National DoLs (Deprivation of Liberty) court on 4 July 2022 that will deal with applications seeking authorisation to deprive children of their liberty.’
Local Government Lawyer, 22nd June 2022
Source: www.localgovernmentlawyer.co.uk
‘It is evident that children who are the subject of applications to the Family Court to authorise a deprivation of liberty, are spending significant periods of time in “suboptimal” placements without the therapeutic support they need to make significant long-term improvements, according to a review of published judgments by the Nuffield Family Justice Observatory (NFJO).’
Local Government Lawyer, 4th April 2022
Source: www.localgovernmentlawyer.co.uk
‘The statutory scheme established by Section 22C of the Children Act 1989 does not allow unregistered placements, but does not expressly prohibit them, and in cases where conditions of imperative necessity require a child to be placed in such a setting, common law steps in and allows the High Court to exercise its inherent jurisdiction to authorise a deprivation of liberty, the Court of Appeal has ruled.’
Local Government Lawyer, 13th December 2021
Source: www.localgovernmentlawyer.co.uk
‘It remains open to the High Court to authorise, under its inherent jurisdiction, the deprivation of liberty of a child under the age of 16 where the placement in which the restrictions that are the subject of that authorisation will be applied is prohibited by the terms of the amended statutory scheme introduced by the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021, a High Court judge has ruled.’
Local Government Lawyer, 13th September 2021
Source: www.localgovernmentlawyer.co.uk
‘A Family Division judge has strongly criticised NHS England and two NHS mental health trusts over the failure to accommodate a 15-year-old girl “M” with complex needs through a medium secure tier 4 bed.’
Local Government Lawyer, 4th August 2021
Source: www.localgovernmentlawyer.co.uk
‘An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.’
Local Government Lawyer, 10th June 2021
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 1st April 2021
Source: www.localgovernmentlawyer.co.uk
‘The comparators for damages for unlawful deprivation of liberty of persons lacking mental capacity are few. In Essex County Council v RF & others [2015] EWCOP 1, DJ Mort made a distinction between procedural and substantive breaches and where he found the local authority ‘totally inadequate and their failings significant’, assessed monthly damages between £3000 – £4000 over a period of at least 13 months. In the case of Emile, DJ Beckley awarded damages against the London Borough of Haringey for a period of almost 8 years’ unlawful deprivation of liberty in the sum of £143,000.00. The local authority was granted permission, out of time, to appeal. The decision of HHJ Saggerson was handed down on 18 December 2020.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
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