Government to legislate for replacement of Deprivation of Liberty Safeguards – Local Government Lawyer

‘The government has said this month that it broadly agrees with the Liberty Protection Safeguards model proposed by the Law Commission to replace the Deprivation of Liberty Safeguards.’

Full Story

Local Government Lawyer, 21st March 2018

Source: www.localgovernmentlawyer.co.uk

Government commits to protect people with dementia and learning difficulties – Law Commission

Posted March 16th, 2018 in elderly, learning difficulties, mental health, press releases by tracey

‘The government has said it will bring forward legislation to provide greater protection for some of the most vulnerable people in our society. In a Written Ministerial Statement Health Minister Caroline Dinenage said the government broadly agreed with the Liberty Protection Safeguards model proposed by the Law Commission in 2017 and would legislate “when parliamentary time allows”.’

Full press release

Law Commission, 15th March 2018

Source: www.lawcom.gov.uk/

Psychiatrist suspended for 12 months after man drowned in epileptic fit – The Guardian

‘A senior psychiatrist has been suspended for 12 months following the death of a vulnerable teenager who suffered an epileptic fit and drowned in a bath at an NHS care unit.’

Full Story

The Guardian, 21st February 2018

Source: www.theguardian.com

Kisses and cuddles not enough… – Transparency Project

Posted January 23rd, 2018 in adoption, judgments, learning difficulties, news by sally

‘The BBC recently reported that two children were to be adopted ‘as kisses and cuddles [were] not enough‘.’

Full Story

Transparency Project, 20th January 2018

Source: www.transparencyproject.org.uk

Law Society urges end to enforced medical treatment of vulnerable people – The Guardian

‘Vulnerable people sectioned under the Mental Health Act are being subjected to medical treatment without consent and are not protected by effective legal safeguards, the Law Society has warned.’

Full Story

The Guardian, 22nd January 2018

Source: www.theguardian.com

Parents with Learning Disabilities and a Local Authority’s Responsibilities – Family Law Week

‘Emma Harman, barrister of 3PB, explains the lessons that can be learned from A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94.’

Full Story

Family Law Week, 18th January 2018

Source: www.familylawweek.co.uk

Local authorities and learning disabled parenting (A Local Authority v CG and others) – Family Law

‘A case concerning the parental suitability of two parents with mental health and learning difficulties offers a number of lessons that can help local authorities to better manage such challenging circumstances. Emma Harman, counsel for the mother, and Omar Malik, for the father, both of 3 Paper Buildings, outline the most salient issues for practitioners and local authorities to be aware of.’

Full Story

Family Law, 18th January 2018

Source: www.familylaw.co.uk

Children to be adopted as ‘kisses and cuddles not enough’ – BBC News

Posted January 11th, 2018 in adoption, care orders, learning difficulties, news, social services by tracey

‘Two children have been taken from the care of their mother, who has a learning disability, after a judge said “kisses and cuddles are not enough”.

Full Story

BBC News, 10th January 2018

Source: www.bbc.co.uk

The ‘completely childish’ man hanged for murder – BBC News

‘He was one of the last two men hanged in Britain. A habitual liar convicted of murdering a man who had been his friend, and perhaps his lover. But according to a leading criminal lawyer, who has viewed documents uncovered by the BBC, he was the victim of a miscarriage of justice.’

Full Story

BBC News, 18th December 2017

Source: www.bbc.co.uk

Evidence of children and vulnerable witnesses: Part 1 – Family Law

‘This article (the first of two) considers the evidence of any witness in family proceedings where that evidence diverges from the general procedural rules (as explained below) for evidence in family proceedings.’

Full Story

Family Law, 8th December 2017

Source: www.familylaw.co.uk

Interview: Sara Ryan talks about justice for Laughing Boy – Legal Voice

Posted December 4th, 2017 in autism, disabled persons, health, human rights, inquests, learning difficulties, news by sally

‘Connor Sparrowhawk. His name has got a superhero-like ring to it. ‘Connor Sparrowhawk, the boy who…’ But the boy who what? The boy who ‘loved his family’, suggests mum, Sara Ryan. ‘The boy who loved our dog, Chunky Stan, reading Horrible Histories, watching YouTube films of lorries loading on and off cross-channel ferries, the Mighty Boosh, septic tanks, Eddie Stobart lorries and London busses.’’

Full Story

Legal Voice, 1st December 2017

Source: www.legalvoice.org.uk

UK justice system failing defendants with mental health issues – charity – The Guardian

‘Specialist prosecutors should review all decisions to charge suspects with mental health vulnerabilities and the defence of insanity should be amended, a law reform charity has said.’

Full Story

The Guardian, 27th November 2017

Source: www.theguardian.com

Ordinary Residence – Whether Duty Arose Under 21 National Assistance Act 1948 – s. 21 A Duty of Last Resort (A Pre-Care Act 2014 Case) – Garden Court Chambers

‘This case was decided on the basis of the legal regime now replaced by the Care Act 2014 (in force since 1 April 2015).’

Full Story

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Woman with learning disability loses legal fight to keep children – The Guardian

Posted October 3rd, 2017 in appeals, care orders, learning difficulties, news by sally

‘A woman with a “very significant” learning disability has lost the latest round of a legal fight over the care of her two children.’

Full Story

The Guardian, 2nd October 2017

Source: www.theguardian.com

Public Law Clients with Learning Disabilities – Bridging the gap – Family Law Week

‘Gillian Geddes, barrister, of Hind Court considers the correct focus for public law arguments in support of parents with learning disabilities being allowed to care for their children.’

Full Story

Family Law Week, 20th September 2017

Source: www.familylawweek.co.uk

NHS trust ‘truly sorry’ about death of teenager Connor Sparrowhawk – The Guardian

‘An NHS trust has said it is “truly sorry” about the death of a teenager with epilepsy who drowned in a bath while in its care, after it admitted failings.
Southern Health trust pleaded guilty to breaching health and safety law in the case of Connor Sparrowhawk, who had a seizure and drowned in a bath in an NHS care unit in Oxford in 2013.’

Full Story

The Guardian, 18th september 2017

Source: www.theguardian.com

Ombudsman criticises council for errors in children’s complaints handling – Local Government Lawyer

Posted September 8th, 2017 in community care, complaints, learning difficulties, local government, news, reasons by tracey

‘The Local Government and Social Care Ombudsman (LGO) has criticised a London borough after two brothers with learning difficulties saw their care and support packages reduced without their mother being told why.’

Full Story

Local Government Lawyer, 7th September 2017

Source: localgovernmentlawyer.co.uk

Court approves £10k settlement over delays in providing sex education – Local Government Lawyer

‘The Court of Protection has approved a £10,000 damages settlement plus costs to a man with Down’s Syndrome and an associated learning difficulty over delays in the provision of sex education.’

Full Story

Local Government Lawyer, 22nd August 2017

Source: www.localgovernmentlawyer.co.uk

Connor Sparrowhawk: no risk assessments before teenager’s death, tribunal finds – The Guardian

‘A senior psychiatrist failed to carry out any risk assessments on an epileptic teenager before he had a seizure and drowned in a bath, a medical tribunal has found.’

Full Story

The Guardian, 21st August 2017

Source: www.theguardian.com

UK judges rule DWP wrong to deny appeals over refused benefits – The Guardian

‘The Department for Work and Pensions has been unlawfully stopping people going to tribunal to appeal against decisions to refuse them benefits, three senior judges have ruled.’

Full Story

The Guardian, 4th August 2017

Source: www.theguardian.com