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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

The Guardian, 26th April 2021

Source: www.theguardian.com

Oliver Campbell: Calls to review 30-year-old murder conviction – BBC News

‘A man with learning difficulties who admitted to a murder 30 years ago should have his conviction quashed because he confessed to police without a lawyer present, his solicitor says.’

Full Story

BBC News, 16th March 2021

Source: www.bbc.co.uk

CoP says vulnerable man should have Covid vaccine despite father’s objection – Law Society’s Gazette

‘The Court of Protection has rejected pleas from a father that his clinically vulnerable son not be given the Covid-19 vaccine, in one of the first reported cases of its type.’

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Law Society's Gazette, 15th March 2021

Source: www.lawgazette.co.uk

Capacity and sexual relations: Fallout from Re JB – Doughty Street Chambers

‘In a judgment handed down on 23 February, Cobb J concluded that a young woman known as HD lacked capacity to engage in sexual relations. He was driven to this conclusion based on the new requirement set out in Re JB that a person with capacity to engage in sexual relations must be able to understand (and retain, use or weigh and communicate) the fact 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.’

Full Story

Doughty Street Chambers, 24th February 2021

Source: insights.doughtystreet.co.uk

Deprivation of liberty, family members and what s4B does (and doesn’t) say – Local Government Lawyer

‘A judge recently considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. She also helpfully clarified the current (limited) scope of s.4B MCA 2005, writes Alex Ruck Keene.’

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Local Government Lawyer, 19th February 2021

Source: www.localgovernmentlawyer.co.uk

Court of Protection Newsletter – Spire Barristers

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 10th February 2021

Source: spirebarristers.co.uk

Mental Health Act reforms aim to tackle high rate of black people sectioned – The Guardian

‘Reforms to the Mental Health Act will help tackle the disproportionate number of black people sectioned, the government has announced.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

Aunt loses battle to be joined to Court of Protection proceedings – Local Government Lawyer

Posted December 17th, 2020 in carers, Court of Protection, joinder, learning difficulties, news by tracey

‘Confidential evidence meant a vulnerable woman’s maternal aunt should not be joined to proceedings about her welfare, the Court of Protection has ruled.’

Full Story

Local Government Lawyer, 17th December 2020

Source: www.localgovernmentlawyer.co.uk

It was “none of your business”, High Court judge tells council which refused to take part in mediation over EHC Plan because mother wanted to bring her lawyer – Local Government Lawyer

‘A mother was entitled to bring a lawyer to support her at a mediation of her dispute with Hillingdon Council about her son’s Education, Health and Care Plan and the local authority was in breach of its statutory duties by refusing to participate, a High Court judge has ruled.’

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Local Government Lawyer, 7th December 2020

Source: www.localgovernmentlawyer.co.uk

Child Trust Fund court fees waived for parents – Ministry of Justice

‘Parents or guardians of children who lack mental capacity can ask for court fees to be waived when seeking access to a Child Trust Fund, the government has announced today (1 December, 2020).’

Full press release

Ministry of Justice, 1st December 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

‘Inhuman’ use of restraint on disabled adults – BBC News

Posted November 10th, 2020 in disabled persons, hospitals, learning difficulties, news, restraint by sally

‘Every 15 minutes, on average, a patient with learning disabilities was restrained in hospital last year, new BBC File on 4 analysis shows.’

Full Story

BBC News, 10th November 2020

Source: www.bbc.co.uk