Capacity to tweet? – Doughty Street Chambers

‘In two judgments (Re A and Re B) Cobb J has confirmed that capacity to make decisions about internet and social media use do not form a “subset” of of a person’s ability to make decisions about care or contact. Capacity to use the internet and social media are “inextricably linked; the internet is the communication platform on which social media operates. For present purposes, it does not make sense in my judgment to treat them as different things. It would, in my judgment, be impractical and unnecessary to assess capacity separately in relation to using the internet for social communications as to using it for entertainment, education, relaxation, and/or for gathering information.”‘

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Doughty Street Chambers, 26th February 2019

Source: insights.doughtystreet.co.uk

Phillip Nicholson: ‘Chances missed’ to protect murdered man – BBC News

‘A vulnerable man who was murdered by his ex-partner and her lover could have been better protected, a review found.’

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BBC News, 14th March 2019

Source: www.bbc.co.uk

A Brief Guide to Carrying out Capacity Assessments -39 Essex Chambers

‘This purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’

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39 Essex Chambers, March 2019

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

Capacity to use the internet – Transparency Project

‘Two recent judgments in the Court of Protection sparked the usual inaccurate headlines suggesting that the court had ridden roughshod over the rights of adults with learning difficulties to access the internet, and more specifically social media. In particular this one from The Times stood out: Social workers can stop vulnerable people using social media.’

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Transparency Project, 9th March 2019

Source: www.transparencyproject.org.uk

Mental capacity for handling the internet: Court of Protection – UK Human Rights Blog

‘A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2. In this case Cobb J was asked to make declarations under the Mental Capacity Act 2005 regarding a learning disabled man’s capacity to use the internet and social media.’

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UK Human Rights Blog, 27th February 2019

Source: ukhumanrightsblog.com

Cheryl Grimmer case won’t go ahead as police interview ruled inadmissible – The Guardian

‘The trial of a man accused of murdering UK-born toddler Cheryl Grimmer almost 50 years ago will not go ahead, after a judge ruled his 1971 police interview was not admissible.’

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The Guardian, 15th February 2019

Source: www.theguardian.com

Fears vulnerable being deprived of treatment as fines of £100 for ticking wrong box soar in NHS ‘hostile environment’ – The Independent

Posted January 31st, 2019 in dentists, fines, learning difficulties, medical treatment, medicines, news, penalties by tracey

‘A government “hostile environment” for misclaimed free prescriptions and dental care is being scrutinised by auditors after it was claimed vulnerable patients are being fined £100 for ticking the wrong box on forms they struggle to read. The National Audit Office has announced it is “undertaking an investigation into penalty charge notices in healthcare”, including the numbers issued and whether they are overturned.

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The Independent, 30th January 2019

Source: www.independent.co.uk

Ombudsman upholds 11 complaints against council over SEN provision in two years – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has criticised Norfolk County Council over its provision for children with special education needs after upholding 11 complaints in two years.’

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Local Government Lawyer, 16th January 2019

Source: www.localgovernmentlawyer.co.uk

Council to keep day centre open after user brings legal proceedings – Local Government Lawyer

Posted December 18th, 2018 in consent orders, learning difficulties, local government, news by sally

‘Birmingham City Council has decided to keep a day centre for vulnerable adults open, after campaigners had threatened legal action over an earlier decision to close the facility.’

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Local Government Lawyer, 17th December 2018

Source: www.localgovernmentlawyer.co.uk

High Court to scrutinise restrictions on areas where P has capacity – Doughty Street Chambers

Posted December 11th, 2018 in autism, consent, Court of Protection, families, learning difficulties, news by sally

‘Mr Justice Hayden has handed down a judgment concerning LC, a young woman with autism and significant learning disabilities. During the course of proceedings which had lasted five years LC was assessed as having capacity to consent to sexual relations, marry, and make decisions about contraception; but to lack the capacity to make other decisions such as to conduct the proceedings, make decisions about her residence and about her contact with men. As a facet of LC’s autism she was preoccupied with seeking out sexual encounters and a care plan was formulated which permitted LC to have unsupervised contact with others. As the judge observed with “the enormous benefit of hindsight” this led to LC’s safety and dignity being compromised and placed an intolerable burden on those supervising her. The plan attracted significant public criticism. LC now resides in a care home but is able to spend time with her husband. In a sensitive judgment Hayden J endorsed LC’s treatment plan and directed a report from a female clinical psychologist, noting the obligation under the Mental Capacity Act to take steps to promote decision making capacity.’

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Doughty Street Chambers, 6th November 2018

Source: insights.doughtystreet.co.uk

A tendency to physical abuse: Upper Tribunal clarifies scope of Equality Act in education context — Katie Ayres – UK Human Rights Blog

‘The Upper Tribunal decision in of C&C v Governing Body [2018] UKUT 269 (AAC) has provided important clarification to the scope of the Equality Act 2010 in an education context.’

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UK Human Rights Blog, 26th November 2018

Source: ukhumanrightsblog.com

Orkambi: Family of girl with cystic fibrosis launch legal challenge over lack of NHS funding for breakthrough drug – The Independent

‘The family of a six-year-old girl with cystic fibrosis who was denied funding for a breakthrough drug which could extend her life has launched a judicial review against the NHS.’

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The Independent, 14th November 2018

Source: www.independent.co.uk

Minister Orders Urgent Investigation Into Autistic And Learning Disabled Patients Being Locked Up – Rights Info

‘The Health Secretary has ordered a review into the use of seclusion and segregation in the care of people with learning disabilities and autism in secure hospitals.’

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Rights Info, 5th November 2018

Source: rightsinfo.org

City council faces judicial review challenge over day centre closure – Local Government Lawyer

‘Campaigners have launched a judicial review challenge over a decision by Birmingham City Council to close a day centre used by people with a range of physical and learning disabilities.’

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Local Government Lawyer, 1st November 2018

Source: www.localgovernmentlawyer.co.uk

Welsh policy on FE provision for young people with learning difficulties “lawful” – Local Government Lawyer

‘Welsh ministers and the quango Careers Wales did not act unreasonably when they decided not to reassess the educational and training needs of a young man with a learning disability, a High Court judge has ruled.’

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Local Government Lawyer, 25th October 2018

Source: www.localgovernmentlawyer.co.uk

Inquest finds failings in treatment of man who died after care home fall – The Guardian

Posted October 22nd, 2018 in care homes, inquests, learning difficulties, news by sally

‘There were failings in the care and treatment given to a man with severe learning difficulties who broke his neck in a fall at a residential home, an inquest jury has concluded.’

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The Guardian, 19th October 2018

Source: www.theguardian.com

Supreme Court to hear case on deprivations of liberty, community treatment orders – Local Government Lawyer

‘The Supreme Court will next week consider whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be “implied”.’

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Local Government Lawyer, 18th October 2018

Source: www.localgovernmentlawyer.co.uk

Woman with learning difficulties not told she had contraceptive device covertly fitted – Daily Telegraph

‘A young woman with learning difficulties should not be told she was covertly fitted with a contraceptive device as it would ruin her trust in her carers, a court has ruled.’

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Daily Telegraph, 18th October 2018

Source: www.telegraph.co.uk

Reporting restrictions on Bethany’s dad – children’s rights or concealing system failure? – Transparency Project

‘On Saturday, the Times reported: ‘Father beats legal bid to silence him over autistic girl in hospital “cell” ‘ [paywall]. Social affairs editor, Greg Hirst, reported that Jeremy (who is not using his surname publicly) succeeded in contesting an application by Walsall Metropolitan County Borough Council for an injunction to stop his social media campaign that is drawing attention to the plight of his 17-year-old-daughter.’

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Transparency Project, 16th October 2018

Source: www.transparencyproject.org.uk

What does the Proposal to Introduce Trial-by-Video Link Mean for Justice? – Rights Info

‘The government’s plans for court modernisation, under Her Majesty’s Courts, Tribunals Service Reform Programme (HMCTS), include the development of fully-video hearings, where all parties join via electronic links and no one is in a courtroom.’

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Rights Info, 9th October 2018

Source: rightsinfo.org