Ripping Up the Mental Health Act? – Doughty Street Chambers

Posted December 12th, 2018 in detention, mental health, news, reports by sally

‘The final report of the Independent Mental Health Act Review (“Modernising the Mental Health Act: Increasing choice, reducing compulsion”) has been released. For an analysis of how the Review engages with the UNCRPD, see the post by my colleague Oliver Lewis.’

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Doughty Street Chambers, 6th December 2018

Source: insights.doughtystreet.co.uk

Deprivation of Liberty and Consent- the Supreme Court decides – Doughty Street Chambers

Posted December 12th, 2018 in consent, deprivation of liberty safeguards, detention, mental health, news by sally

‘The Supreme Court has handed down judgment in the case of MM. This was an appeal against the Court of Appeal’s decision in the Secretary of State for Justice v MM [2017] EWCA Civ 194 (29 March 2017).Both PJ and MM appealed to the Supreme Court but for administrative reasons MM’s appeal was heard first. MM’s appeal has been dismissed.MM was detained under sections 37/41 Mental Health Act (“MHA”) and sought a conditional discharge from hospital to conditions which would objectively give rise to a deprivation of his liberty, to which he had capacity to consent. Although no placement had been identified the First Tier Tribunal (Mental Health) (“the FtT”) was asked whether as a matter of principle it would be lawful to discharge him conditionally on such conditions. The FtT ruled that it could not. At the Upper Tribunal Charles J held that he could give a valid consent to this and as such Article 5 would not be engaged. (A similar issue was in play in Secretary of State v KC [2015] UKUT 0376 (AAC, where Charles J held that the FtT could impose conditions on a discharge that objectively deprived a patient of his or her liberty and that the Court of Protection and/or a decision maker could consent to).’

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Doughty Street Chambers, 28th November 2018

Source: insights.doughtystreet.co.uk

Government agrees to bring in new Mental Health Bill after independent review – Local Government Lawyer

Posted December 11th, 2018 in bills, detention, mental health, news by sally

‘The government has unveiled plans to introduce a new Mental Health Bill after accepting two key recommendations from an independent review of the Mental Health Act 1983.’

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Local Government Lawyer, 10th December 2018

Source: www.localgovernmentlawyer.co.uk

Government-commissioned review recommends legal aid for bereaved families – Law Society’s Gazette

‘The government has announced that it will introduce a new mental health bill following today’s publication of the findings of an independent review into the Mental Health Act 1983. However it is silent on the review’s recommendation that bereaved families should receive non-means tested legal aid – despite already pledging to accept two other recommendations.’

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Law Society's Gazette, 6th December 2018

Source: www.lawgazette.co.uk

Windrush: ‘Home Office ignored warnings’ – BBC News

‘Home Office processes led to wrongful detentions and deportations of members of the Windrush generation, says a National Audit Office report.’

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BBC News, 5th December 2018

Source: www.bbc.co.uk

Minister Orders Urgent Investigation Into Autistic And Learning Disabled Patients Being Locked Up – Rights Info

‘The Health Secretary has ordered a review into the use of seclusion and segregation in the care of people with learning disabilities and autism in secure hospitals.’

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Rights Info, 5th November 2018

Source: rightsinfo.org

CPS criticised as charges dropped over death of man in UK detention camp – The Guardian

‘The family of a man found dead in an immigration detention centre have reacted with fury to a decision to drop criminal charges against two private firms.’

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The Guardian, 30th October 2018

Source: www.theguardian.com

Supreme Court to hear case on deprivations of liberty, community treatment orders – Local Government Lawyer

‘The Supreme Court will next week consider whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be “implied”.’

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Local Government Lawyer, 18th October 2018

Source: www.localgovernmentlawyer.co.uk

Home Office asks lawyers to help simplify immigration letters – Law Society’s Gazette

Posted October 19th, 2018 in detention, human rights, immigration, news, select committees, statistics by sally

‘The government will ask lawyers how letters to people navigating a ‘complex’ immigration system can be improved, as MPs take a closer look at proposals to reform immigration detention.’

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Law Society's Gazette, 18th October 2018

Source: www.lawgazette.co.uk

Home Office ordered to pay damages to sex-trafficking victim – The Guardian

‘A woman who was trafficked into Britain for prostitution and later locked up in an immigration centre is entitled to substantial damages from the Home Office for unlawful detention, the high court has ruled.’

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The Guardian, 18th October 2018

Source: www.theguardian.com

Split Court of Appeal rules detention of asylum seekers unlawful — Part 1 – UK Human Rights Blog

Posted October 18th, 2018 in asylum, detention, EC law, news by sally

‘The Court of Appeal has concluded, by a 2-1 majority, that the detention of five asylum seekers pending their removal to another country where they should first have claimed asylum had been unlawful, and that they were entitled to damages. This article (the first of two) will unpick the reasons behind this legally complex appeal.’

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UK Human Rights Blog, 17th October 2018

Source: ukhumanrightsblog.com

Reporting restrictions on Bethany’s dad – children’s rights or concealing system failure? – Transparency Project

‘On Saturday, the Times reported: ‘Father beats legal bid to silence him over autistic girl in hospital “cell” ‘ [paywall]. Social affairs editor, Greg Hirst, reported that Jeremy (who is not using his surname publicly) succeeded in contesting an application by Walsall Metropolitan County Borough Council for an injunction to stop his social media campaign that is drawing attention to the plight of his 17-year-old-daughter.’

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Transparency Project, 16th October 2018

Source: www.transparencyproject.org.uk

Government and SRA work to build BAME trust in solicitors – Legal Futures

‘The Ministry of Justice (MoJ) is working with the Solicitors Regulation Authority (SRA) to build greater trust in solicitors among black and minority ethnic (BAME) people in custody.’

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Legal Futures, 11th October 2018

Source: www.legalfutures.co.uk

Home Office agrees to inquiry into immigrant abuse allegations – The Guardian

Posted October 12th, 2018 in assault, detention, immigration, inquiries, news by sally

‘The Home Office has agreed to carry out an independent and far-reaching inquiry into alleged abusive treatment of immigrants held in UK detention centres after being threatened with legal proceedings.’

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The Guardian, 11th October 2018

Source: www.theguardian.com

Worse than prison: life inside Britain’s 10 deportation centres – The Guardian

Posted October 11th, 2018 in deportation, detention, human rights, immigration, news by sally

‘Blue flipflops, styrofoam plates and the daily clunk of the cells shutting: immigrants describe the grim reality of deportation ‘jails’.’

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The Guardian, 11th October 2018

Source: www.theguardian.com

Convicted former UBS trader to be freed from UK immigration centre – The Guardian

‘The convicted former UBS trader Kweku Adoboli is to be released from detention at an immigration removal centre near Heathrow while he awaits a judicial review of his deportation.’

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The Guardian, 9th October 2018

Source: www.theguardian.com

UK asylum seekers may have been detained unlawfully, rules court – The Guardian

Posted October 5th, 2018 in appeals, asylum, detention, false imprisonment, immigration, news, time limits by tracey

‘Thousands of people may have been unlawfully held in immigration removal centres in recent years, the court of appeal has ruled.’

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The Guardian, 4th October 2018

Source: www.theguardian.com

UK asylum seekers refused housing over ‘social cohesion issues’ – The Guardian

Posted September 27th, 2018 in asylum, detention, housing, immigration, news, race discrimination, refugees by tracey

‘Details of the ban emerged in a note from the Home Office to an asylum seeker’s solicitor, in which the department said that it had an agreement with local authorities in that region not to house any “foreign nationals with known criminality”.’

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The Guardian, 27th September 2018

Source: www.theguardian.com

Response to the report on the use of terrorism legislation after Westminster Bridge – official-documents.gov.uk

Posted September 14th, 2018 in detention, news, police, reports, terrorism by tracey

‘The government response to the Independent Reviewer of Terrorism Legislation’s report into the use of legislation following the Westminster Bridge attack.’

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Source: www.official-publications.gov.uk

Suicides in immigration detention centres kept ‘state secret’ by Home Office, MPs told – The Independent

Posted September 12th, 2018 in detention, government departments, immigration, news, statistics, suicide by tracey

‘Self-inflicted deaths in removal centres are being kept a “state secret” by the Home Office, according to the expert commissioned by the government to carry out a review of the immigration detention estate. Former prison ombudsman Stephen Shaw, who has produced two major reports on immigration removal centres (IRCs), told MPs it was “odd and frankly self-defeating” that the department did not make the numbers of detainee deaths public.’

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The Independent, 11th September 2018

Source: www.independent.co.uk