‘The family of a disabled undergraduate who killed herself on the day of a “truly terrifying” oral exam have won the latest stage of a legal battle to compel universities to take more care of students struggling with their mental health.’
The Guardian, 14th February 2024
Source: www.theguardian.com
‘Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom the court had previously found to lack capacity in to make decisions about residence, care and contact, but to have capacity to make decisions about engaging in sexual relations, in face of strenuous arguments to the contrary from the local authority. Injunctive orders were then made against the woman’s former foster carer, suspected of sexually abusing DY; at a subsequent hearing, the court made a final order that DY had the capacity to make decisions relating to her use of contraception, having accepted a report from DY’s GP.’
Mental Capacity Law and Policy, 11th February 2024
‘Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull City Council v KF [2022] EWCOP 33, and Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44, we now have Re EE (Capacity: Contraception and Conception) [2024] EWCOP 5. The case concerned a 31 year old woman who wanted to become pregnant and have a baby; her capacity to engage in sexual relations, to decide about contact with others, and to make decisions about contraception, were all in issue and required the court’s determination.’
Mental Capacity Law and Policy, 11th February 2024
‘The Royal Borough of Windsor and Maidenhead has lost a High Court judicial review case over whether it correctly assessed the housing needs of a family with two children who have severe disabilities.’
Local Government Lawyer, 8th February 2024
Source: www.localgovernmentlawyer.co.uk
‘Between August 2022 and June 2023, I observed, online, a number of hearings in a single case heard by His Honour Judge Shelton who is a judge in the family court in Leeds. The case was about the amount of money that the father/ex husband (James) should pay towards his ex-wife Beth and their daughter Isabelle. (These are fake names.) He had been paying £100 per month to Beth and £1500 to Isabelle. The case was unusual because Isabelle was an adult. Normally, a parent would not have to pay maintenance for an adult child, but there are exceptions to this and one of the exceptions is where the adult child is disabled. Isabelle has multiple physical and intellectual difficulties She lived with Beth in an adapted home and Beth provided her with full-time care, including with the help of various carers.’
Transparency Project, 6th February 2024
Source: transparencyproject.org.uk
‘Families of children left disabled by an epilepsy drug and women injured by pelvic mesh implants should be given urgent financial help, England’s patient safety commissioner has said.’
BBC News, 7th February 2024
Source: www.bbc.co.uk
‘The Home Office has threatened a Portuguese plumber who has lived legally in the UK for more than 20 years with deportation after he struggled with his application to remain in the country.’
The Guardian, 4th February 2024
Source: www.theguardian.com
‘Rachel Marcus and Marcus Coates-Walker of 1 Crown Office Row join Lucy McCann to explore the principle of the scope of duty in the context of clinical negligence claims. First by analysing the decision in Khan v Meadows [2021] UKSC 21 and then discussing how the courts have grappled with scope of duty issues since.’
Law Pod UK, 25th January 2024
Source: audioboom.com
‘The High Court has given guidance on the use of intermediaries in the Family Court, in a case concerning a 2-and-a-half year old girl, which was in week 127 at the hearing last month.’
Local Government Lawyer, 25th January 2024
Source: www.localgovernmentlawyer.co.uk
‘The Local Government and Social Care Ombudsman (LGSCO) has recommended that Peterborough City Council pay more than £2,900 after its delay in revising the housing priority of a vulnerable man.’
Local Government Lawyer, 24th January 2024
Source: www.localgovernmentlawyer.co.uk
‘Alex Ruck Keene KC (Hon) analyses a recent ruling where the judge’s observations about capacity, and in particular how to approach questions of capacity under constraint, are of broader application.’
Local Government Lawyer, 19th January 2024
Source: www.localgovernmentlawyer.co.uk
‘Derby City Council has been ordered to pay thousands in compensation after it took too long to arrange alternative education for a special needs student.’
BBC News, 14th January 2024
Source: www.bbc.co.uk
‘Three carers have been jailed after being convicted of abusing care home residents in south London.’
BBC News, 4th January 2024
Source: www.bbc.co.uk
‘A Civil Justice Council (CJC) working group has launched a consultation on the procedure for determining mental capacity in civil proceedings.’
Local Government Lawyer, 18th December 2023
Source: www.localgovernmentlawyer.co.uk
‘The Retained EU Law (Revocation and Reform) Act 2023 triggered concerns about the future of domestic employment law, which originated in the EU. New draft regulations, The Equality Act 2010 (Amendment) Regulations 2023 which are planned to come into force on 1 January 2024 provide welcomed clarity on the issue in respect of the Equality Act 2010, writes David Leach.’
Local Government Lawyer, 15th December 2023
Source: www.localgovernmentlawyer.co.uk
‘In TS, R (on the application of) v The London Borough of Hackney [2023] EWHC 3063 (Admin), Jonathan Glasson KC, sitting as a Deputy Judge of the High Court, quashed the council’s assessment and care planning decision, concluding that the decision making in relation to the care package was “flawed”.’
Local Government Lawyer, 7th December 2023
Source: www.localgovernmentlawyer.co.uk
‘An inquest into the death of a 39-year-old woman, who fell from the balcony of her third floor flat in west London after an epileptic seizure, has found that the failure of the local housing authority and a housing association to provide her with safe accommodation was a cause of her death.’
Local Government Lawyer, 4th December 2023
Source: www.localgovernmentlawyer.co.uk
‘The high court is to consider for the first time whether universities owe a legal duty of care to their students, which campaigners argue would save lives and bring England and Wales in line with other countries.’
The Guardian, 20th November 2023
Source: www.theguardian.com
‘Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme for people with a learning disability and autistic people in inpatient settings. In fact the final report was completed in July 2023, but was not published until 8 November 2023, alongside the Government’s responses.’
Mental Capacity Law and Policy, 9th November 2023
‘Autistic children and those with a learning disability should never be subjected to long-term segregation in hospital – and its use should be “severely curtailed” for adults, a review has recommended.’
The Independent, 8th November 2023
Source: www.independent.co.uk
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