Deprivation of liberty, family members and what s4B does (and doesn’t) say – Local Government Lawyer

‘A judge recently considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. She also helpfully clarified the current (limited) scope of s.4B MCA 2005, writes Alex Ruck Keene.’

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Local Government Lawyer, 19th February 2021

Source: www.localgovernmentlawyer.co.uk

Judge hits out at lack of regulated placement for vulnerable, suicidal 16 year old, despite 11 High Court hearings and sending series of judgments to ministers – Local Government Lawyer

‘An exasperated High Court judge has sent a fourth judgment to ministers over the continuing unavailability of a regulated placement for a vulnerable 16 year old with multifaceted difficulties and at a high risk of serious self-harm or suicide.’

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Local Government Lawyer, 12th February 2021

Source: www.localgovernmentlawyer.co.uk

Community Treatment Orders: does seeing patients remotely suffice? – Local Government Lawyer

Posted February 8th, 2021 in coronavirus, detention, local government, mental health, news, remote hearings by tracey

‘Jonathan Auburn and Lucy McCann assess whether decision-making as to community treatment orders requires physical attendance.’

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Local Government Lawyer, 5th February 2021

Source: www.localgovernmentlawyer.co.uk

Taking Liberties: A simple guide to DOL – Transparency Project

Posted January 28th, 2021 in care homes, children, detention, families, human rights, local government, news by sally

‘This article is about Deprivation of Liberty involving children.’

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Transparency Project, 27th January 2021

Source: www.transparencyproject.org.uk

Mental Health Act reforms aim to tackle high rate of black people sectioned – The Guardian

‘Reforms to the Mental Health Act will help tackle the disproportionate number of black people sectioned, the government has announced.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

Home Office leaving stateless people facing detention and destitution, warns UN – The Independent

‘The Home Office is leaving stateless people in the UK at risk of homelessness, destitution and prolonged detention, the UN’s refugee agency has warned. A procedure designed to help regularise the status of stateless individuals in Britain is not functioning as well as it should due to procedural weaknesses and the approach to decision-making, the UNHCR said.’

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The Independent, 16th December 2020

Source: www.independent.co.uk

Highgate mental health unit death: Killer detained indefinitely – BBC News

Posted December 4th, 2020 in detention, homicide, mental health, negligence, news, sentencing by sally

‘A man who beat, strangled and set alight a fellow patient at a secure mental health unit in north London has been detained for an unlimited time.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Judge issues second ruling sharply criticising lack of suitable regulated placement for vulnerable 16-year-old woman with complex needs – Local Government Lawyer

‘A High Court judge has sent a second judgment in less than a month – this time “more in exasperated hope than expectation” – to the Children’s Commissioner for England, the Secretary of State for Education, the Minister for Children and others over the lack of regulated accommodation for vulnerable children.’

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Local Government Lawyer, 24th November 2020

Source: www.localgovernmentlawyer.co.uk

Deprivation of liberty: Unlawful placements of children – Transparency Project

‘Can an English family court order the unlawful detention of a Welsh child?’

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Transparency Project, 22nd November 2020

Source: www.transparencyproject.org.uk

Case Law Update: Lancashire County Council v G (Unavailability of Secure Accommodation) [2020] EWHC 2828 (Fam) – Parklane Plowden Chambers

‘Mr Justice MacDonald authorised the deprivation of liberty of a vulnerable 16-year-old girl, G, under the inherent jurisdiction. The court was left with no real choice but to authorise the deprivation in circumstances where the only placement that could be located was neither secure nor regulated. Mr Justice MacDonald was troubled with the situation, and questioned whether he was simply being forced by mere circumstance to make an order irrespective of welfare considerations rather than exercising the courts’ welfare jurisdiction.’

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Parklane Plowden Chambers, 6th November 2020

Source: www.parklaneplowden.co.uk

Asylum seekers crossing Channel face ‘inhumane treatment’, observers say – The Guardian

Posted November 13th, 2020 in asylum, detention, government departments, health, immigration, news, standards by tracey

‘Independent monitors say migrants arriving at Dover are moved with untreated injuries amid serious documentation errors.’

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The Guardian, 13th November 2020

Source: www.theguardian.com

Fourth High Court judge this year hits out at lack of secure accommodation for vulnerable young person – Local Government Lawyer

Posted October 27th, 2020 in children, detention, mental health, news, young persons by sally

‘A fourth High Court judge this year has sent a copy of their judgment to the Secretary of State for Education in a case concerning the lack of secure accommodation for a vulnerable young person.’

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Local Government Lawyer, 27th October 2020

Source: www.localgovernmentlawyer.co.uk

UK Covid policy for children in detention ‘cruel and inhumane’, says UN expert – The Guardian

Posted October 27th, 2020 in children, coronavirus, detention, mental health, news, United Nations, young offenders by sally

‘The UK government’s policy of allowing children in detention to be locked alone in their cells for up to 23 hours a day under emergency Covid-19 measures is “extreme and inhumane” and could lead to lifelong mental health damage, according to the UN special rapporteur on torture and leading child health experts.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

If an Englishman’s home is his castle, his clothes are his suit of armour – UK Police Law Blog

‘Pile v Chief Constable of Merseyside Police [2020] EWHC 2472 (QB) concerned what many might consider to be the tail end of just another good night out. The claimant got into a taxi on 22 April 2017, in an advanced state of intoxication, and the taxi driver rang 999 to report that she had started abusing him and “kicking off”. She vomited all over herself and over the back of the taxi. Officers responding to this unfortunate misunderstanding found her covered in vomit, including in her hair. They arrested her for the offence of being drunk and disorderly. At the police station, Ms Pile was flailing her arms with the attention of striking the officers accompanying her. She later accepted a £60 fixed penalty notice as an alternative to being prosecuted. For many, the story would have ended there…’

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UK Police Law Blog, 14th October 2020

Source: ukpolicelawblog.com

Woman wins UK legal fight over unlawful deportation to Uganda – The Guardian

Posted September 29th, 2020 in appeals, asylum, deportation, detention, homosexuality, news by sally

‘The Home Office has lost a case in the court of appeal against a 27-year-old lesbian asylum seeker it was found to have unlawfully removed from the UK and was forced to fly back to the UK in the summer of 2019.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

Report raises alarm over police detention of vulnerable suspects in England and Wales – The Guardian

‘Police officers detained and interviewed hundreds of thousands of vulnerable suspects last year in England and Wales in breach of mandatory safeguards, according to the body that sets standards for those who support vulnerable adults in police custody.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

Vulnerable people left without access to solicitors during Covid – Legal Futures

‘Some of the most vulnerable people have been left isolated and without proper access to solicitors because of the official response to the Covid-19 crisis, according to a report from the Law Society.’

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Legal Futures, 25th September 2020

Source: www.legalfutures.co.uk

For Black Lives To Matter In The UK, Our Deportation Laws Need Reform – Each Other

Posted September 22nd, 2020 in deportation, detention, human rights, minorities, news, race discrimination, sentencing by sally

‘Black Lives Matter. This was the refrain heard throughout this summer’s protests seeking to condemn and draw attention to disproportionate black deaths in both American and British state custody.’

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Each Other, 21st September 2020

Source: eachother.org.uk

High Court dismisses challenge to conditions at Brook House Immigration Removal Centre – an extended look – EIN Blog

Posted September 10th, 2020 in detention, human rights, immigration, news, religious discrimination by sally

‘In Soltany and Others v SSHD [2020] EWHC 2291 (Admin), the High Court dismissed a challenge to the conditions at Brook House Immigration Removal Centre (IRC), which at the material times in 2017 and 2018, was run by G4S.’

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EIN Blog, 10th September 2020

Source: www.ein.org.uk

Custody time limit to be increased to ease court case backlog in England – The Guardian

Posted September 7th, 2020 in coronavirus, courts, delay, detention, news, time limits, trials by sally

‘Unconvicted defendants awaiting trial in prison face longer stints behind bars, as ministers plan to increase custody time limits to ease the pressure of a rising backlog of court cases, the Guardian understands.’

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The Guardian, 6th September 2020

Source: www.theguardian.com