Local authorities, care orders and consent to confinement – Local Government Lawyer
‘Alex Ruck Keene KC (Hon) analyses another striking decision from Lieven J.’
Local Government Lawyer, 12th July 2024
Source: www.localgovernmentlawyer.co.uk
Category: deprivation of liberty safeguards
Vulnerable children locked up and ‘gravely damaged by the state’, former top family judge warns – The Guardian
‘Vulnerable children with complex needs are being locked away in unregulated placements and are being “gravely damaged by the state” while their parents are driven to despair, according to England and Wales’s former top family judge. Sir James Munby terms the lack of provision of safe and therapeutic homes “a shocking moral failure”.’
The Guardian, 9th June 2024
Source: www.theguardian.com
39 Essex Chambers June 2024 Mental Capacity Report – Mental Capacity Law and Policy
‘The June 2024 Mental Capacity Report is now out. Highlights this month include:
(1) In the Health, Welfare and Deprivation of Liberty Report: when no option is a good one, snapshots from the frontline, and are we listening closely enough to the person in the context of deprivation of liberty;
(2) In the Property and Affairs Report: the Powers of Attorney Act 2023 on election hold, contesting costs in probate cases and guidance on viewing LPAs online;
(3) In the Practice and Procedure Report: post-death costs, what does it mean to be an expert in the person, and procedure in brain stem death cases;
(4) In the Mental Health Matters Report: the MHA 1983 under strain in police cells and the hospital setting;
(5) In the Wider Context Report: the inherent jurisdiction – a case, guidance, and a challenge from Ireland; the older child and medical treatment decisions – mental capacity or competence, and Capacity and contempt proceedings – what is the test?
(6) In the Scotland Report: guardianship under examination before the Sheriff Appeal Court and Scottish Government’s Mental Health and Capacity Reform Programme.’
Mental Capacity Law and Policy, 6th June 2024
Children detained under little-known orders are speaking out after turning 18 – BBC News
‘At the age of 14, Katy Baxter was detained alone under a court order, far from her Bournemouth home, supervised by two workers 24 hours a day, going for long periods without any contact with her family.’
BBC News, 22nd May 2024
Source: www.bbc.co.uk
Serious medical treatment – the importance of the public record – Mental Capacity Law and Policy
‘In 2014, a (relatively) very long time ago, Sir James Munby, then President of the Court of Protection, issued guidance on the publication of judgments. This set a presumption, absent “compelling reasons,” for publication of judgments relating to a range of matters, either where the judgment already exists, or the judge has ordered that the judgment be transcribed. The guidance applied to all judgments in the Court of Protection delivered by the Senior Judge, nominated Circuit Judges and High Court Judges (in other words, not to judgments delivered by District Judges, who hear the majority of cases).’
Mental Capacity Law and Policy, 22nd April 2024
Deprivation of liberty and care providers – how thick is your legal ice? – Mental Capacity Law and Policy
‘In a recent report, entitled A Hidden Crisis, Age UK has highlighted the extent of the problems with DoLS, setting out the results of qualitative research carried out with care home staff, representatives of local authority DoLS teams, and families of those affected by DoLS.’
Mental Capacity Law and Policy, 19th March 2024
Law Society issues updated guidance on identifying deprivations of liberty – Local Government Lawyer
‘The Law Society of England and Wales has updated its guidance on the Deprivation of Liberty Safeguards (DoLS) following “important developments” in the law.’
Local Government Lawyer, 19th March 2024
Source: www.localgovernmentlawyer.co.uk
High Court authorises deprivation of liberty of seven-year-old child in registered children’s home – Local Government Lawyer
‘The High Court has granted a local authority’s application to deprive a seven-year-old boy of his liberty, with directions to use the “minimum degree of force or restraint required”.’
Local Government Lawyer, 1st March 2024
Source: www.localgovernmentlawyer.co.uk
39 Essex Chambers September Mental Capacity Report and walkthrough – Mental Capacity Law and Policy
‘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.’
Mental Capacity Law and Policy, 6th September 2023
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.’
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
‘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.’
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.’
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.’
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.’
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.’
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.’
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.’
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.’
Becket Chambers, 2nd March 2023
Source: becket-chambers.co.uk
