New hospital food rules introduced – BBC News
‘Hospitals in England will be expected to provide a higher standard of food under new measures being announced by the health secretary.’
BBC News, 29th August 2014
Source: www.bbc.co.uk
Category: health
Abolishing prison sentences for drug users: sensible or a step too far? – Halsbury’s Law Exchange
‘Nick Clegg announced last week that a pledge to abolish prison sentences for the possession of drugs for personal use will form part of the Liberal Democrat’s manifesto for the next election. The manifesto commitment would include a promise to move the drug policy lead from the Home Office to the Department of Health, and would seek to divert users into treatment for their addiction, community sentences, or to civil penalties that do not attract a criminal record. The plans would even extend to the possession of Class A substances such as heroin and crack cocaine. This is a controversial proposal, but does it have merit?’
Halsbury’s Law Exchange, 11th August 2014
Source: www.halsburyslawexchange.co.uk
Exclusive: Heroin addicts to be given free foil to help them kick their habit – The Independent
‘Heroin addicts are to be given free foil – to heat up the drug – in an effort to help them kick the habit and cut the risk of contracting disease, the Government will announce tomorrow.’
The Independent, 7th August 2014
Source: www.independent.uk
Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) – Supreme Court
Supreme Court, 30th July 2014
Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service – WLR Daily
‘On a challenge by an unsuccessful tenderer for a public contract, the question whether the published criteria for the award of the contract had been sufficiently clear was to be determined by the court applying an objective legal standard by reference to a reasonably well informed and diligent tenderer and did not depend on the evidence of witnesses as to how they had understood the document.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) – WLR Daily
‘When considering the provision of accommodation under section 3(1) of the National Health Service Act 2006 it would usually be difficult to say, absent special circumstances, that a clinical commissioning group had acted lawfully or irrationally in deciding that the accommodation needs of an individual could and should be met through other avenues involving means-tested state provision, and not out of its own NHS budget.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
Ahmad v Secretary of State for the Home Department (AIRE Centre intervening) – WLR Daily
‘The conditions in article 7(1) of Parliament and Council Directive 2004/38/EC, as implemented by the Immigration (European Economic Area) Regulations 2006, were to be strictly interpreted on the basis that the right to a permanent residence card was a privilege which was not conferred unless there was strict and literal compliance with the conditions therein. They were not to be interpreted under European Union law in a dynamic way such that it was enough if they were substantially or functionally fulfilled.’
WLR Daily, 16th July 2014
Source: www.iclr.co.uk
Regina (Flatley) v Hywel Dda University Local Health Board; Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers – WLR Daily
‘The function of the minister following a referral by a community health council under regulation 27(9) of the Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010 was to reach a final decision on a proposal put forward by a local health board. That function was directed at the outcome, there was no requirement for the minister to review the process, including any consultation, leading to the proposal, although the minister had a discretion to consider the circumstances of the process in reaching a decision on the proposal overall.’
WLR Daily, 10th July 2014
Source: www.iclr.co.uk
Judge dismisses legal challenge over Hywel Dda’s NHS shake-up plans – BBC News
‘Campaigners against planned changes to hospital services in west Wales have lost three High Court judicial reviews into the legality of the shake-up.’
BBC News, 10th July 2014
Source: www.bbc.co.uk
Hertfordshire placenta smoothies firm ban over ‘health risk’ – BBC News
‘A company cannot process raw placentas for new mothers to eat, after a judge ruled it posed a “health risk”.’
BBC News, 16th May 2014
Source: www.bbc.co.uk
Public Engagement and Commercial Confidentiality – Oil and Water? – Hardwicke Chambers
‘CCGs may face pressure to disclose information about commissioning in at least four ways. From:
Their duties to involve the public in “planning of the commissioning arrangements by the group” (s14 Z2 National Health Service Act 2006).
Their duties to involve individual patients in “their care or treatment” (s14U National Health Service Act 2006).
Applications to provide information under the Freedom of Information Act 2000.
Applications for disclosure, as part of litigation brought by failed tenderers following procurement exercises.’
Hardwicke Chambers, 10th April 2014
Source: www.hardwicke.co.uk
The Nanny State – legislating on health and morality – Halsbury’s Law Exchange
‘“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant… Over his own body and mind, the individual is sovereign.”
The above principle laid down by John Stuart Mill is a cornerstone of liberal political and jurisprudential thought. Mill argued that, provided you cause no harm to others, you should be free to do what you like with your own body and life. This is what the right to personal autonomy and self-determination means; and it is a right which is being steadily, and quietly, eroded. If liberty, as Mill said, consists in the freedom to do everything which injures no one else, then we are already not free – and if the current trend of legislating on public health and morals continues the residual liberty we do enjoy will be diminished.’
Halsbury’s Law Exchange, 30th April 2014
Source: www.halsburyslawexchange.co.uk
What is Crime?: The Limits Of Criminalisation Conference – Speech by Senior Presiding Judge, Lord Justice Gross
What is Crime?: The Limits Of Criminalisation Conference (PDF)
Speech by Senior Presiding Judge, Lord Justice Gross
Judiciary of England and Wales, 31st March 2014
Source: www.judiciary.gov.uk
Not unlawful to refuse egg freezing therapy for Crohn’s sufferer – UK Human Rights Blog
‘There are times when individual need comes up against the inflexible principles of the law and the outcome seems unjustifiably harsh. This is just such a case – where a relatively modest claim based on individual clinical need was refused with no breach of public law principles. As it happens, since the Court rejected her case, the the young woman concerned has been offered private support for the therapy she was seeking. The case is nevertheless an interesting illustration of the sometimes difficult “fit” between principles of public law and the policy decisions behind the allocation of NHS resources.’
UK Human Rights Blog, 18th April 2014
Source: www.ukhumanrightsblog.com
Crohn’s patient Lizzie Rose loses egg-freezing case – BBC News
‘A woman with Crohn’s disease has lost a legal challenge against a decision to refuse NHS funding to freeze her eggs.’
BBC News, 15th April 2014
Source: www.bbc.co.uk
‘Let’s Talk FGM’ – Garden Court Chambers Blog
‘Last week, Garden Court Chambers was delighted to welcome the Fabian Women’s Network for an evening of discussion about the pressing issue of female genital mutilation (FGM). On the panel, experts from the fields of law, politics, civil society campaigning and the health services talked about their experiences regarding FGM and made recommendations about what the Government must do if it is serious about ending the practice in the UK.’
Garden Court Chambers Blog, 7th April 2014
Source: www.gclaw.wordpress.com
Kent hospitals admit failings over Simon Willson death – BBC News
‘Two NHS trusts have admitted failures in the care of a father of two who was found hanged in a hospital toilet.’
BBC News, 3rd April 2014
Source: www.bbc.co.uk
Regulating Health Care Professionals – Law Commission
‘A single clear and consistent legal framework is needed to enable the regulators of health professionals in the UK to modernise and continue to uphold their duty to protect public safety, according to the three Law Commissions of the UK.’
Law Commission, 2nd April 2014
Source: www.lawcommission.justice.gov.uk
Murder of baby Callum Wilson by his mother Emma Wilson ‘could have been prevented’, review finds – The Independent
‘An 11-month-old boy who was beaten to death by his mother could have been saved if health and social workers had raised the alarm about his earlier injuries, a serious case review has concluded.
The Independent, 31st March 2014
Source: www.independent.co.uk
