Failure in childcare case to identify cognitive difficulties of appellant and to make appropriate participation directions “amounted to serious procedural irregularity”, Court of Appeal rules – Local Government Lawyer

Posted January 20th, 2022 in care orders, children, learning difficulties, news, witnesses by tracey

‘Failure to identify an appellant’s cognitive limitations led to procedural unfairness in a case involving children, the Court of Appeal has found.’

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Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk

Court of Protection authorises vaccination of autistic boy despite parental objections – Local Government Lawyer

‘The benefits of vaccination against Covid-19 for a child with autism, severe learning disability and asthma “significantly outweigh” the possible risks, the Court of Protection has found, despite objections from the boy’s parents.’

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Local Government Lawyer, 10th January 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman recommends county council pay nearly £7k after boy left without education for two years – Local Government Lawyer

‘A boy with special education needs who received “virtually no” education for two years should be given £6,900 in compensation by Suffolk County Council, an investigation by the Local Government and Social Care Ombudsman has recommended.’

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Local Government Lawyer, 7th January 2022

Source: www.localgovernmentlawyer.co.uk

Capacity to engage in sexual relations: the relevance of the partner’s consent – UK Human Rights Blog

‘A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (Appellant) – UKSC 2020/0133 Court of Appeal (Civil Division). The Supreme Court has upheld the Court of Appeal’s decision that to have capacity to engage in sexual relations, a person needs to be able to understand that their sexual partner must have the capacity to consent to the sexual activity and must, in fact, consent before and during the sexual activity.’

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UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Supreme Court hands down landmark ruling on capacity to consent to sexual relations – Local Government Lawyer

‘The Supreme Court has upheld a Court of Appeal decision that to have capacity to have sexual relations with another person, a person needs be aware that their partner must have the ability to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Local Government Lawyer, 24th November 2021

Source: www.localgovernmentlawyer.co.uk

100 people held more than 20 years in ‘institutions’ – BBC News

‘One hundred people with learning disabilities and autism in England have been held in specialist hospitals for at least 20 years, the BBC has learned. The finding was made during an investigation into the case of an autistic man detained since 2001.’

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BBC news, 25th November 2021

Source: www.bbc.co.uk

New Judgment: A Local Authority v JB (by his Litigation Friend, the Official Solicitor) [2021] UKSC 52 – UKSC Blog

‘The Respondent commenced proceedings in the Court of Protection seeking declarations under the Mental Capacity Act 2005 as to the Appellant’s capacity to consent to sexual relations. A question arose as to whether the judge should have regard to whether they had capacity to understand that the other person involved must give consent, and did in fact give and maintain consent throughout the act. The judge found that this was not relevant information for the purposes of determining if an individual had capacity to consent to sexual relations under the Act.’

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UKSC Blog, 24th November 2021

Source: ukscblog.com

Recitation is not application – Nearly Legal

‘SR v Lambeth London Borough Council, County Court at Central London, 21st October 2021 H40CL201 – HHJ Roberts (unreported elsewhere). Our thanks to Justine Compton of Garden Court Chambers for the following note of a section 204 appeal judgment on a priority need decision, refused at s.184 and s.202 review, which features (once again) Now Medical reports done with no face to face assessment being preferred by the local authority decision makers over direct and specialist medical reports submitted by the applicant.’

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Nearly Legal, 21st November 2021

Source: nearlylegal.co.uk

SEND Tribunal case law review – Local Government Lawyer

‘Jamie Jenkins looks at the lessons to be learned from the latest judgments from the SEND Tribunal.’

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Local Government Lawyer, 5th November 2021

Source: www.localgovernmentlawyer.co.uk

CoA overturns ruling in sex-worker visit case – Law Society’s Gazette

‘Carers would be at risk of committing a criminal offence if they helped an autistic man visit a sex worker, the Court of Appeal has ruled, overturning what had been seen as a landmark ruling for people with learning disabilities and mental disorders.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

Court of Protection approves Covid vaccine for man lacking capacity, but declines to authorise booster dose without another hearing – Local Government Lawyer

‘A Court of Protection judge has approved the giving of the first and second dose of a Covid-19 vaccination to a man who lacks capacity, but has declined to authorise in advance the administration of a booster dose.’

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Local Government Lawyer, 16th August 2021

Source: www.localgovernmentlawyer.co.uk

Abuse of disabled patients forces watchdog to close hospital – The Independent

‘A mental health hospital has been closed by the care watchdog after inspectors saw evidence of patients being abused. The Care Quality Commission (CQC) has forced the closure of Eldertree Lodge, in Staffordshire, which looked after more than 40 adults with learning disabilities and autism.’

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The Independent, 10th August 2021

Source: www.independent.co.uk

Autism: Number of people stuck in hospital ‘national scandal’ – BBC News

‘The government’s failure to reduce the number of autistic people confined to mental health units in England is a “national scandal”, a charity says.’

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BBC News, 14th July 2021

Source: www.bbc.co.uk

Suffolk mental health unit’s safety risks ‘not addressed’ – BBC News

‘A mental health unit has been rated inadequate for the second time in four months after it failed to address risks affecting patient safety.’

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BBC news, 9th July 2021

Source: www.bbc.co.uk

Supreme Court to hear next week key case on capacity to have sexual relations – Local Government Lawyer

‘The Supreme Court will next week (15 July) hear a case over whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Local Government Lawyer, 5th June 2021

Source: www.localgovernmentlawyer.co.uk

Court of Protection case update – Local Government Update

‘Aaqib Javed and Holly Littlewood review the latest cases of interest to Court of Protection practitioners.’

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Local Government Update, 25th June 2021

Source: www.localgovernmentlawyer.co.uk

Cawston Park hospital closed after ‘consistent failures’ – BBC News

Posted May 28th, 2021 in autism, hospitals, learning difficulties, news, quality assurance by tracey

‘A hospital which provided care for adults with a learning disability or autism closed after “consistent failures in meeting standards”, the health watchdog said.’

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BBC News, 28th May 2021

Source: www.bbc.co.uk

Court of Appeal allows appeal against order removing new-born baby after mother with learning difficulties not given opportunity to put her point of view – Local Government Lawyer

‘The Court of Appeal has allowed an appeal against an order for the separation of a new-born child from his mother, who has learning difficulties.’

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Local Government Lawyer, 24th May 2021

Source: www.localgovernmentlawyer.co.uk

Disabled people can be taken to prostitutes by care workers, judge rules – Daily Telegraph

‘Council care workers can help disabled people meet prostitutes without breaking the law, a judge has confirmed in a landmark ruling. A judge in the Court of Protection – a specialist court which considers issues relating to people who are deemed to lack capacity to make certain decisions – ruled that carers who facilitate adults with learning disabilities to visit sex workers will not be committing a criminal offence.’

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Daily Telegraph, 29th April 2021

Source: www.telegraph.co.uk

Inquest finds neglect contributed to woman’s hospital death – The Guardian

Posted April 27th, 2021 in disabled persons, food, hospitals, inquests, learning difficulties, news by sally

‘The death of a young disabled woman following a routine eye operation was partly caused by malnutrition as a result of neglect, a coroner has ruled.’

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The Guardian, 26th April 2021

Source: www.theguardian.com