Re AB: Termination of pregnancy – Law & Religion UK

Posted July 15th, 2019 in abortion, consent, Court of Protection, learning difficulties, news by tracey

‘Re AB [2019] EWCOP 26, [2019] EWCA Civ 1215[1]. The recent case of Re AB has been widely reported. In it, Lieven J held in the Court of Protection that an NHS Trust was permitted to perform an abortion on a 24-year-old woman. The Court of Appeal overturned that decision. The case created headlines around the world, shining a spotlight on the work of the Court of Protection and the difficult decisions that it has to make on a daily basis.’

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Law & Religion UK, 15th July 2019

Source: www.lawandreligionuk.com

Court of Protection issues ruling in test case on appointment of personal welfare deputies – Local Government Lawyer

‘A Court of Protection judge has clarified the circumstances in which family members may become personal welfare deputies for people aged over 18, calling for the Code of Practice under the Mental Capacity Act 2005 to be redrafted.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

‘Councils Cannot Blame Funding For Special Educational Needs Failures’, High Court Told – Rights Info

‘A lack of funding gives councils “no excuse” for failing to meet their legal duty to children with special educational needs and disabilities (SEND), a court has heard.’

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Rights Info, 27th June 2019

Source: rightsinfo.org

‘Lack Of Special Educational Needs Funding Breaches Children’s Human Rights’, Court Will Hear – Rights Info

‘The government is “leaving thousands of children in limbo” and breaching their human rights by underfunding education for those with special educational needs and disabilities (SEND), a court will hear.’

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Rights Info, 26th June 2019

Source: rightsinfo.org

Appeal court overturns forced abortion ruling – The Guardian

Posted June 25th, 2019 in abortion, appeals, consent, learning difficulties, news by sally

‘A court ruling that a woman with learning disabilities must have an abortion against her wishes has been overturned on appeal.’

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The Guardian, 24th June 2019

Source: www.theguardian.com

Father and son sentenced in slavery case – Crown Prosecution Service

‘A father and son who ran a scrap metal business have been jailed for a total of 21 years for repeatedly assaulting a vulnerable man being forced to work for them..’

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Crown Prosecution Service, 14th June 2019

Source: www.cps.gov.uk

Report: evidence of Huddersfield grooming ring not followed up – The Guardian

‘Opportunities were lost to tackle one of Britain’s largest grooming rings when information about two vulnerable girls being sexually exploited was not followed up, a review has found.’

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The Guardian, 10th June 2019

Source: www.theguardian.com

Mental health hospital where patients were secluded in unfurnished, unsafe rooms, rated inadequate by watchdog – The Independent

‘Vulnerable patients at one of England’s largest charity-run mental health hospitals were kept in unsafe seclusion rooms for excessive amounts of time and without beds, blankets or pillows, a damning report has found. The Care Quality Commission (CQC) has rated adolescent mental health services at St Andrew’s Healthcare hospital in Northampton ”inadequate”.’

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The Independent, 6th June 2019

Source: www.independent.co.uk

Blood products and Jehovah’s Witnesses: DE – Law and Religion UK

‘In Manchester University NHS Foundation Trust v DE [2019] EWCOP 19, DE was a 49-year-old woman who suffered from autism and mild learning difficulties: she and her mother were Jehovah’s Witnesses [3]. In April 2019, DE broke her leg, and the medical evidence was that she needed surgery and that there was a risk that she would require blood transfusion or blood products during the operation [4]. If she did not have the operation, her mobility would be impaired [5] and the need for an operation was urgent.’

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Law and Religion UK, 29th May 2019

Source: www.lawandreligionuk.com

Report raises alarm over police detention of vulnerable suspects – The Guardian

‘Police officers detained and interviewed vulnerable suspects without an appropriate adult present more than 100,000 times last year in England and Wales, according to a charity report.’

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The Guardian, 31st May 2019

Source: www.theguardian.com

NHS and care regulator missed care home abuse of vulnerable patients on multiple occasions – The Independent

‘Health watchdogs had no concerns on multiple visits to a private hospital at the centre of a police investigation into the abuse of patients in the months after it had been inspected, The Independent has learnt.’

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The Independent, 23rd May 2019

Source: www.independent.co.uk

High Court considers Article 2 inquests in medical cases – UK Human Rights Blog

Posted May 23rd, 2019 in duty of care, human rights, inquests, learning difficulties, negligence, news by tracey

‘R (Maguire) v HM’s Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin). A three-judge panel of the Divisional Court has re-affirmed that, in general, medical inquests do not engage the State’s positive obligations under Article 2 of the European Convention on Human Rights.’

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UK Human Rights Blog, 21st May 2019

Source: ukhumanrightsblog.com

NB on Re NB – Transparency Project

‘At the beginning of April 2019, a Press Association report of an interim hearing at the Court of Protection provoked a number of newspaper headlines and outraged reactions, because it quoted a High Court judge, Mr Justice Hayden, as having spoken of a “fundamental human right” of a man to have sex with his wife. This was in the course of a preliminary hearing in the Court of Protection, a court which makes decisions about and on behalf of adults who lack mental capacity to make decisions themselves. The Court of Protection can decide whether or not an adult lacks mental capacity to make decisions about sexual relations, and if he or she does not, make orders which protect the adult as far as possible from having sexual relations, by imposing restrictions on their freedom of contact with other people. The Court cannot make a decision about whether or not to have sexual relations on behalf of an incapacitated adult, as that is an intimate personal decision which no-one can take on behalf of anyone else. The law’s approach to capacity to marry is exactly the same.’

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Transparency Project, 20th May 2019

Source: www.transparencyproject.org.uk

High Court considers Article 2 inquests in medical cases – UK Human Rights Blog

‘A three-judge panel of the Divisional Court has re-affirmed that, in general, medical inquests do not engage the State’s positive obligations under Article 2 of the European Convention on Human Rights.’

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UK Human Rights Blog, 21st May 2019

Source: ukhumanrightsblog.com

‘Broken’ care system for most vulnerable – BBC News

‘Patients with mental health problems, autism and learning disabilities are being let down by a “broken” care system, a report warns.’

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BBC News, 21st May 2019

Source: www.bbc.co.uk

New Acts – legislation.gov.uk

2019 c. 18 – Mental Capacity (Amendment) Act 2019

2019 c. 17 – Offensive Weapons Act 2019

Source: www.legislation.gov.uk

High Court hears judicial review challenge over proposed closure of day care centre – Local Government Lawyer

‘The High Court in Leeds is this week (13-14) hearing a judicial review challenge to Rotherham Metropolitan Borough Council’s decision to close a day care centre for adults with learning disabilities.’

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Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

Judge reminds councils of importance of following guidance on working with parents with learning disability – Local Government Lawyer

‘A Family Court judge has said it is “imperative” that local authorities follow guidance on working with parents with a learning disability, and expressed “serious reservations” as to whether a borough council did so in a case concerning the welfare of three children.’

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Local Government Lawyer, 8th May 2019

Source: www.localgovernmentlawyer.co.uk

English judge says man having sex with wife is ‘fundamental human right’ – The Guardian

‘A row has erupted after a judge spoke in court about the “fundamental human right” of a man to have sex with his wife.’

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The Guardian, 3rd April 2019

Source: www.theguardian.com

Judge to rule whether man’s wife has mental capacity to consent to sex – Daily Telegraph

‘A judge is set to rule whether a man can continue to sleep with his wife of more than 20 years amid concerns over her mental capacity.’

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Daily Telegraph, 1st April 2019

Source: www.telegraph.co.uk