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

Court hears test case on ability of parents to make decisions for children over 18 with learning disabilities – Local Government Lawyer

‘The Court of Protection will this week hear a test case brought by the parents of three young people with learning disabilities over the position under current law which prevents them being able to make best interests decisions on behalf of their children as they are now over 18.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

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