Mental Capacity Law Newsletter – Thirty Nine Essex Street
Mental Capacity Law Newsletter (PDF)
Thirty Nine Essex Street, February 2015
Source: www.39essex.com
Category: elderly
Elderly given power to decide where to die – Daily Telegraph
‘Government consultation document sets out plans to give patients more powers to plan and make decisions about their “end of life care”.’
Daily Telegraph, 12th March 2015
Source: www.telegraph.co.uk
‘What crime have I committed to be held like this?’: inside Yarl’s Wood – The Guardian
‘Migrants and asylum seekers can be locked up at the high-security detention centre indefinitely. Reports of abuse, self-harm and suicide are rife. Now MPs are calling for an end to the ‘expensive, ineffective and unjust’ system. In a rare report, inmates describe their misery.’
The Guardian, 3rd March 2015
Source: www.guardian.co.uk
In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) – WLR Daily
‘The fact that a party deliberately acted in defiance of a best interests declaration made by the Court of Protection could not, without more, trigger contempt proceedings since a declaration was ultimately no more than a formal, explicit statement or announcement and there could not be “defiance” or “enforcement” of such a declaration.’
WLR Daily, 29th January 2015
Source: www.iclr.co.uk
Margate ‘potato masher attacker’ Mariusz Dobkowski who befriended elderly man before beating him almost to death is jailed for life – The Independent
‘A young man who befriended an elderly gentleman at a bus stop before following him home and beating him with a potato masher and a poker has been sentenced to life in jail.’
The Independent, 3rd February 2015
Source: www.independent.co.uk
What price liberty? Damages, DOLS and a cat named Fluffy – UK Human Rights Blog
‘With a significant backlog of care home cases in the Court of Protection, P’s case runs the risk of becoming something of a precedent on the question of damages for unlawful detention. However, as far as calculation of damages goes, it is light on analysis of principle. This post seeks to explore whether the considerable case law that has developed on damages for false imprisonment in other situations may help illuminate what this type of case is worth.’
UK Human Rights Blog, 29th January 2015
Source: www.ukhumanrightsblog.com
Elderly man ‘held prisoner’ in care home – Daily Telegraph
‘An elderly man suffering from dementia was treated like a “prisoner” after social workers dispatched him to a nursing home against his and his family’s wishes without going through proper legal processes, a formal investigation has found.’
Daily Telegraph, 28th January 2015
Source: www.telegraph.co.uk
Nonagenarian unlawfully detained in care home for nearly two years – UK Human Rights Blog
‘The Court of Protection has castigated the actions of a County Council in depriving an old person of his liberty and dignity in their overreaction to reports that he might be subjected to financial exploitation. This, said the judge, amounted to punishing the victim for the acts of the perpetrators.’
UK Human Rights Blog, 22nd January 2015
Source: www.ukhumanrightsblog.com
£60k compensation for pensioner, 91, locked away from his cat – Daily Telegraph
‘Judge says it is ‘hard to imagine a more depressing and inexcusable’ case than that of the WWII veteran taken from his home against his wishes by Essex council.’
Daily Telegraph, 21st January 2015
Source: www.telegraph.co.uk
General damages are not reduced because of age: the law set out with clarity – Zenith PI Blog
‘There are many reasons why personal injury litigators should read the decision of Judge Curran QC (sitting as a judge of the High Court) in Miller -v- Imperial College Healthcare NHS Trust [2014] EWHC 3772 (QB). One of the reasons is the detailed analysis of the argument that damages for pain and suffering should automatically be reduced because of a claimant’s age. As the judgment shows age can be an aggravating factor, not a matter that leads to a reduction in the award.’
Zenith PI Blog, 17th January 2015
Source: www.zenithpi.wordpress.com
The unkindest cut: Criminal record for elderly neighbours who cut back man’s clematis – The Independent
‘Two pensioners in their 80s have been convicted of criminal damage after deliberately cutting back their neighbour’s clematis with secateurs against her wishes.’
The Independent, 14th January 2015
Source: www.independent.co.uk
Stigma of dementia leading to rise in will disputes – Legal Futures
‘Expert will dispute lawyers have revealed that people hiding their dementia due to the stigma of mental illness is leading to a rise in the number of wills being disputed by friends and families and say that vulnerable people need more support to avoid being taken advantage of.’
Legal Futures, 16th December 2014
Source: www.legalfutures.co.uk
Care worker Lorenzo Bacus could have more victims, say police – BBC News
‘A care worker who has been jailed for abusing a male resident at a home could have struck before, say police.’
BBC News, 25th November 2014
Source: www.bbc.co.uk
Rochdale Metropolitan Borough Council v KW and others – WLR Daily
Rochdale Metropolitan Borough Council v KW and others: [2014] EWCOP 45; [2014] WLR (D) 493
‘Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged where a person, often elderly, who was both physically and mentally disabled to a severe extent, was being looked after in her own home and where the arrangements had been made and paid for by a local authority rather than by the person’s own, or family, funds.’
WLR Daily, 18th November 2014
Source: www.iclr.co.uk
Covert care camera guidance approved by Care Quality Commission – BBC News
‘Guidance for people who install hidden cameras to check on standards of their own or a relative’s care has been approved by the Care Quality Commission (CQC).’
BBC News, 19th November 2014
Source: www.bbc.co.uk
Prisons struggling with old, sick and disabled people, says charity – The Independent
‘Prisons are struggling to cope with the growing numbers of old, sick and disabled people behind bars, according to a prison charity.’
The Independent, 28th October 2014
Source: www.independent.co.uk
Cumbrian care workers jailed after abuse at Penrith home – BBC News
‘Three care workers have been jailed for abusing dementia patients at a Cumbria home.’
BBC News, 24th October 2014
Source: www.bbc.co.uk
Patchy dementia care puts patients at risk of unnecessary suffering, says CQC – The Guardian
‘Nine out of 10 care homes and hospitals in England have aspects of care for people with dementia that are variable or poor, making those with the condition likely to receive substandard treatment at some point, according to an important review by the NHS regulator.’
The Guardian, 13th October 2014
Source: www.guardian.co.uk
European Convention on Human Rights: What has it ever done for us? – The Independent
‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’
The Independent, 3rd October 2014
Source: www.independent.co.uk
Council defeats claim brought on behalf of 101 year old over care home closure – Local Government Lawyer
‘A city council has successfully defended a High Court challenge brought on behalf of a 101-year-old resident over its decision to close her care home.’
Local Government Lawyer, 30th Spetember 2014
Source: www.localgovernmentlawyer.co.uk
