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

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