Duty of care: inadequate safety nets? – No. 5 Chambers

Posted August 29th, 2019 in detention, duty of care, hospital orders, human rights, news, self-harm, suicide by sally

‘It was recently confirmed in Fernandes de Oliveira v Portugal [2019] ECHR 106 (no.78103/14, 31 January 2019) that a state’s positive obligation under Article 2 of the European Convention on Human Rights (ECHR) applies not only to compulsorily detained patients, but also to those in hospital. However, there was a disappointing caveat. The European Court on Human Rights (ECtHR) concluded that “a stricter standard of scrutiny” might be applied to patients detained “involuntarily” following judicial order (para.124). Indeed, no Article 2 violation was found. In a partly dissenting Minority Opinion (MO), Portugal’s Judge Pinto De Albuquerque and Judge Harutyunyan describe the decision scathingly as “the result of a creative exercise of judicial adjudication for an imagined country” (MO, para.16). This article analyses the case law the ECtHR failed to apply, contends that the decision is plainly wrong, and argues that no differentiation between voluntary and involuntary patients can be justified.’

Full Story

No. 5 Chambers, 6th August 2019

Source: www.no5.com

Sleepwalking man cleared of sexually assaulting woman – BBC News

Posted August 21st, 2019 in bail, hospital orders, mental health, news, sexual offences, sleepwalking by sally

‘A man with a history of sleepwalking has been found not guilty by reason of insanity of sexually assaulting his friend’s girlfriend.’

Full Story

BBC News, 20th August 2019

Source: www.bbc.co.uk

Woman given hospital order after drowning daughter in bath – The Guardian

Posted December 18th, 2018 in hospital orders, insanity, murder, news by sally

‘A woman who drowned her four-year-old daughter and burned her body in what she saw as a religious sacrifice has been found not guilty of murder by reason of insanity and will be detained in hospital.’

Full Story

The Guardian, 17th December 2018

Source: www.theguardian.com

Appeal judges refuse compensation for schizophrenic who killed mother – Litigation Futures

‘The Court of Appeal has unanimously rejected a compensation claim brought by a schizophrenic woman who stabbed her mother to death.’

Full Story

Litigation Futures, 7th August 2018

Source: www.litigationfutures.com

Ethan Stables sentenced over gay pride attack plot – BBC News

‘A white supremacist who planned to carry out an attack at a pub’s gay pride night has been sentenced to an indefinite hospital order.’

Full Story

BBC News, 30th May 2018

Source: www.bbc.co.uk

Man jailed for life for lecturer’s murder in south London – The Guardian

‘A man has been sentenced to life in prison for the killing of a university lecturer in Merton, south London.’

Full Story

The Guardian, 27th October 2017

Source: www.theguardian.com

Russell Square stabbings: Zakaria Bulhan detained indefinitely – BBC News

‘A man who admitted killing a US tourist and wounding five others in a rampage in central London last year has been handed an unlimited hospital order.’

Full story

BBC News, 7th February 2017

Source: www.bbc.co.uk

Lord Janner child sex abuse claims ‘cannot go to court’ – The Guardian

Posted December 21st, 2015 in child abuse, elderly, fitness to plead, hospital orders, mental health, news by sally

‘The death of the former Labour peer Greville Janner almost certainly means that child sex allegations made against him will never be tested in a criminal court, according to legal experts.’

Full story

The Guardian, 20th December 2015

Source: www.guardian.co.uk

Hospital sorry for ‘do not resuscitate’ order on Down’s syndrome patient – BBC News

Posted December 8th, 2015 in hospital orders, human rights, learning difficulties, news by sally

‘A hospital trust has apologised for placing a “do not resuscitate” (DNR) order on a patient with Down’s Syndrome – and listing his learning difficulties among the reasons for doing so.’

Full story

BBC News, 8th December 2015

Source: www.bbc.co.uk

Mother Tania Clarence who killed children ‘overwhelmed’ – BBC News

‘A woman who killed her three children had become “overwhelmed” by their care up to four years before, a report said.’

Full story

BBC News, 23rd November 2015

Source: www.bbc.co.uk

Medical legal costs ‘excessive and should be capped’ – BBC News

Posted June 29th, 2015 in costs, hospital orders, negligence, news, personal injuries by sally

‘The government intends to put strict limits on the “excessive fees” some lawyers claim in medical negligence cases against the NHS in England.’

Full story

BBC News, 28th June 2015

Source: www.bbc.co.uk

Do not resuscitate order not to blame for patient death, coroner rules – The Guardian

Posted March 19th, 2015 in health, hospital orders, inquests, negligence, news by sally

‘A great-grandfather who died after hospital staff decided without consultation that he should not be resuscitated was not neglected because medics were following guidelines, a coroner has concluded.’

Full story

The Guardian, 18th March 2015

Source: www.guardian.co.uk

Patient loses appeal over level of damages for 442-day unlawful detention – Local Government

Posted February 18th, 2015 in damages, false imprisonment, hospital orders, hospitals, mental health, news by sally

‘A mentally disordered patient unlawfully detained in hospital for 442 days has lost an appeal over the level of damages he should be awarded.’

Full story

Local Government Lawyer, 17th February 2015

Source: www.localgovernmentlawyer.co.uk

K v Kingswood Centre and another – WLR Daily

Posted October 28th, 2014 in appeals, detention, habeas corpus, hospital orders, law reports, mental health by sally

K v Kingswood Centre and another [2014] EWCA Civ 1332; [2014] WLR (D) 443

‘The notice period of a discharge order made for the purposes of section 25 of the Mental Health Act 1983 and served in accordance with regulation 3(3)(b)(i) of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 started to run from the time when it was received by the officer authorised by the hospital managers and not from the time when it was received at the hospital’s fax machine.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

Regina (M) v Crown Court at Kingston upon Thames – WLR Daily

Regina (M) v Crown Court at Kingston upon Thames [2014] WLR (D)  328

‘The power under section 35 of the Mental Health Act 1983, to remand to hospital for a report on an accused’s mental condition, could not be used in order to obtain evidence about whether the accused had the intention or the capacity to form the intention to commit an offence under section 18 of the Offences Against the Person Act 1861.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Do Not Attempt Resuscitation Orders: a duty to consult with the patient – Halsbury’s Law Exchange

Posted June 26th, 2014 in appeals, consultations, hospital orders, news by sally

‘The Court of Appeal has stated that a statement in a patient’s medical notes that resuscitation should not be attempted (a “Do Not Attempt Resuscitation” Order (DNAR)), should usually only be inserted after consultation with the patient: see R (Tracey) v Cambridge University Hospitals NHS Foundation Trust and others.’

Full story

Halsbury’s Law Exchange, 25th June 2014

Source: www.halsburyslawexchange.co.uk

Legal duty over resuscitation orders – BBC News

Posted June 17th, 2014 in appeals, consultations, duty of care, hospital orders, hospitals, news by sally

‘Doctors have a legal duty to consult with and inform patients if they want to place a Do Not Resuscitate (DNR) order on medical notes, says the Court of Appeal in England.’

Full story

BBC News, 17th June 2014

Source: www.bbc.co.uk

Twitter troll must not contact Rachel Riley and Chris Martin – BBC News

Posted June 2nd, 2014 in harassment, hospital orders, internet, malicious communications, news by sally

‘A man has been ordered not to contact Coldplay singer Chris Martin and Countdown presenter Rachel Riley after sending hundreds of abusive tweets.’

Full story

BBC News, 31st May 2014

Source: www.bbc.co.uk

Regina (Wiltshire Council) v Hertfordshire County Council – WLR Daily

Regina (Wiltshire Council) v Hertfordshire County Council [2014] EWCA Civ 712;  [2014] WLR (D)  229

‘Where a person had been made subject to a hospital order with restrictions, then conditionally discharged, then recalled to hospital, and then conditionally discharged for a second time, for the purposes of section 117(3) of the Mental Health Act 1983 he was still to be treated as “resident in the area” of the same local authority as that in which he lived before the original hospital order was made.’

WLR Daily, 22nd May 2014

Source: www.iclr.co.uk

How to be fair about transfer to Broadmoor – UK Human Rights Blog

‘L, aged 26, was in a medium security hospital for his serious mental health problems. Concerns about his animus towards another patient arose, and the Admissions Panel of Broadmoor (a high security hospital) agreed to his transfer. It did so without allowing his solicitor to attend and without giving him the gist of why his transfer was to be made.’

Full story

UK Human Rights Blog, 23rd February 2014

Source: www.ukhumanrightsblog.com