Father who threw baby in river ‘slipped through’ mental health care net, says judge – The Guardian

‘A man who threw his infant son into a river “slipped through the net” of mental health services, a judge has said. Zak Bennett-Eko, 23, was sentenced to a hospital order on Tuesday after being found guilty of the manslaughter by diminished responsibility of his 11-month-old son Zakari.’

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The Guardian, 1st December 2020

Source: www.theguardian.com

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

Man sentenced to life for Manchester Victoria station stabbings – The Guardian

Posted November 28th, 2019 in attempted murder, hospital orders, mental health, news, sentencing, terrorism by sally

‘A man who stabbed three people in Manchester’s Victoria train station on New Year’s Eve has been sentenced to life imprisonment in a high-security psychiatric hospital.’

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The Guardian, 27th November 2019

Source: www.theguardian.com

Michael Adebowale: Lee Rigby killer pleads guilty to assaulting nurse – The Independent

Posted October 29th, 2019 in assault, guilty pleas, hospital orders, news, nurses, sentencing by tracey

‘Convicted murderer will serve eight months after his 45 year minimum term is complete.’

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The Independent, 28th October 2019

Source: www.independent.co.uk

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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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Halsbury’s Law Exchange, 25th June 2014

Source: www.halsburyslawexchange.co.uk