Was this woman wrongly convicted of murder? – BBC News

Posted January 10th, 2019 in domestic violence, families, mental health, miscarriage of justice, murder, news, women by sally

‘Emma-Jayne Magson stabbed her partner with a steak knife then left him to bleed to death. Yet her family believes her murder conviction was a miscarriage of justice. Why?’

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BBC News, 10th January 2019

Source: www.bbc.co.uk

Care of mental health patient who killed man to be subject of inquiry – The Guardian

Posted January 10th, 2019 in inquiries, mental health, murder, news by sally

‘An inquiry has been commissioned after a man with paranoid schizophrenia who had lost touch with mental health services killed a stranger in a holiday town with a throwing knife.’

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The Guardian, 9th January 2019

Source: www.theguardian.com

NHS Trust fined £300k after two employees stabbed by service user – Local Government Lawyer

Posted January 7th, 2019 in fines, health & safety, hospitals, mental health, news, offensive weapons by sally

‘NHS Oxleas Foundation Trust was last month (20 December) fined £300,000 after two nurses suffered life-changing injuries when they were repeatedly stabbed by a service user.’

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Local Government Lawyer, 4th January 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects appeal by mother over aftercare services and day trip expense – Local Government Lawyer

Posted January 7th, 2019 in detention, expenses, families, local government, mental health, news by sally

‘The Court of Appeal has rejected a claim by a mother that a council and a clinical commissioning group were required under s.117 of the Mental Health Act 1983 to meet her travelling expenses for a 240-mile round trip to see her son on day trips out of the mental hospital where he is detained.’

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Local Government Lawyer, 3rd January 2019

Source: www.localgovernmentlawyer.co.uk

Kingsley Burrell family call for inquiry after sacking of police officer – The Guardian

‘The family of Kingsley Burrell, who died in police custody in 2011, have renewed their calls for a public inquiry after one of the officers involved was sacked for lying about the events leading to the death, as well as failing in his duty of care.’

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The Guardian, 18th December 2018

Source: www.theguardian.com

New Judgment: Welsh Ministers v PJ [2018] UKSC 66 – UKSC Blog

‘This appeal considered whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be ‘implied’ and whether the framework for Community Treatment Orders provides practical and effective protection for patients’ rights under the ECHR rights. It also considered what the scope is of a tribunal’s power to take into account ECHR rights.’

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UKSC Blog, 17th December 2018

Source: ukscblog.com

Supreme Court rules on CTOs, conditions and deprivations of liberty – Local Government Lawyer

‘There is no power for a responsible clinician to impose conditions in a community treatment order (CTO) which have the effect of depriving a patient of his liberty, the Supreme Court has ruled.’

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Local Government Lawyer, 17th December 2018

Source: www.localgovernmentlawyer.co.uk

Puppy therapy to help prisoners with mental health and addiction launched for the first time in the UK – Daily Telegraph

Posted December 18th, 2018 in animals, drug abuse, mental health, news, prisons by sally

‘Puppy therapy to help prisoners with mental health and addiction is being offered in the first scheme of its kind in the UK.’

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Daily Telegraph, 17th December 2018

Source: www.telegraph.co.uk

Are too many women being jailed in Wales? – BBC News

Posted December 18th, 2018 in child neglect, mental health, news, sentencing, Wales, women by sally

‘A woman jailed for two years for neglecting her children believes it could have been avoided had she got the mental health support she needed.’

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BBC News, 18th December 2018

Source: www.bbc.co.uk

Legal Life – Time for an MOT? – New Law Journal

Posted December 17th, 2018 in health, legal profession, mental health, news by sally

‘If we are serious about addressing the mental health and wellbeing of legal professionals then we need to look at the culture and practice of law, says Elizabeth Rimmer writing in our special supplement on how to travel well in the law.’

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New Law Journal, 13th December 2018

Source: www.newlawjournal.co.uk

Solicitor’s conviction for neglecting mother quashed – Legal Futures

Posted December 12th, 2018 in elderly, families, mental health, news, sentencing, wilful neglect by sally

‘The Court of Appeal has quashed a jail sentence of two and a half years imposed on a solicitor, who specialised in care for the elderly, for neglecting her mother.’

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Legal Futures, 12th December 2018

Source: www.legalfutures.co.uk

Inquest concludes into self-inflicted death of Ellie Brabant in mental health unit run by Southern Health – Garden Court Chambers

Posted December 12th, 2018 in death in custody, inquests, mental health, news, suicide by sally

‘The inquest into the self-inflicted death of Ellie Brabant has concluded, with the coroner finding that the lack of a clear care plan, and the decision to discharge Ellie from Section 3 of the Mental Health Act more than minimally contributed to her death. Her family were represented by Sarah Hemingway of the Garden Court Chambers Civil Liberties Team.’

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Garden Court Chambers, 13th November 2018

Source: www.gardencourtchambers.co.uk

Ripping Up the Mental Health Act? – Doughty Street Chambers

Posted December 12th, 2018 in detention, mental health, news, reports by sally

‘The final report of the Independent Mental Health Act Review (“Modernising the Mental Health Act: Increasing choice, reducing compulsion”) has been released. For an analysis of how the Review engages with the UNCRPD, see the post by my colleague Oliver Lewis.’

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Doughty Street Chambers, 6th December 2018

Source: insights.doughtystreet.co.uk

Dublin returns to Italy give rise to an arguable breach of Article 3 ECHR – Garden Court Chambers

Posted December 12th, 2018 in asylum, EC law, human rights, judicial review, mental health, news by sally

‘Judgment in the test case of SM & Ors v SSHD was handed down by the Upper Tribunal on 4 December 2018. The Tribunal quashed the decision to certify SM and RK’s human rights claims as “clearly unfounded” on the basis that their particular vulnerability, combined with the latest evidence of profound problems with the Italian reception system meant that that the Secretary of State should either exercise the discretion to consider their claims here or obtain an assurance that they would be provided with appropriate accommodation. The evidence before the Tribunal predated the latest Italian government’s anti-migrant policies.’

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Garden Court Chambers, 4th December 2018

Source: www.gardencourtchambers.co.uk

Deprivation of Liberty and Consent- the Supreme Court decides – Doughty Street Chambers

Posted December 12th, 2018 in consent, deprivation of liberty safeguards, detention, mental health, news by sally

‘The Supreme Court has handed down judgment in the case of MM. This was an appeal against the Court of Appeal’s decision in the Secretary of State for Justice v MM [2017] EWCA Civ 194 (29 March 2017).Both PJ and MM appealed to the Supreme Court but for administrative reasons MM’s appeal was heard first. MM’s appeal has been dismissed.MM was detained under sections 37/41 Mental Health Act (“MHA”) and sought a conditional discharge from hospital to conditions which would objectively give rise to a deprivation of his liberty, to which he had capacity to consent. Although no placement had been identified the First Tier Tribunal (Mental Health) (“the FtT”) was asked whether as a matter of principle it would be lawful to discharge him conditionally on such conditions. The FtT ruled that it could not. At the Upper Tribunal Charles J held that he could give a valid consent to this and as such Article 5 would not be engaged. (A similar issue was in play in Secretary of State v KC [2015] UKUT 0376 (AAC, where Charles J held that the FtT could impose conditions on a discharge that objectively deprived a patient of his or her liberty and that the Court of Protection and/or a decision maker could consent to).’

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Doughty Street Chambers, 28th November 2018

Source: insights.doughtystreet.co.uk

Upper Tribunal Rules Home Office’s Removal of Disputed Minor to Germany Unlawful and Orders his Return to UK – Garden Court Chambers

Posted December 12th, 2018 in asylum, children, EC law, judicial review, mental health, news by sally

‘Following a hearing that took place on 11 October 2018, Mr Justice William Davis, a High Court Judge sitting in the Upper Tribunal, ruled that the Home Office unlawfully removed ‘QH’, an exceptionally vulnerable young Afghan male, to Germany. As a result, the Court has today ordered the Home Office to take steps to return QH to the UK so that his asylum claim can be decided here.’

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Garden Court Chambers, 4th December 2018

Source: www.gardencourtchambers.co.uk

How has the Wessely Review grappled with the CRPD? – Doughty Street Chambers

Posted December 11th, 2018 in disabled persons, human rights, interpretation, mental health, news by sally

‘A couple of weeks ago we held a seminar on how the UN Convention on the Rights of Persons with Disabilities (“CRPD”) could be argued in UK courts and tribunals. The seminar explored the approach that courts around the world have taken in citing and interpreting the CRPD. The judicial route is only one way for international law to trickle down into domestic law. Another obvious way to implement human rights is via law and policy reform.’

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Doughty Street Chambers, 6th December 2018

Source: insights.doughtystreet.co.uk

What the Divisional Court’s decision in SRA v Sovani James tells us about wellbeing for lawyers: some reasons for optimism- 4 New Square

‘This week the Administrative Court handed down judgment in three appeals by the Solicitors Regulation Authority: SRA v Sovani James, SRA v Esteddar MacGregor, SRA v Peter Naylor [2018] EWHC 3058 (Admin). Reactions to the judgment by lawyers have been critical, regarding it as a harsh decision which missed an opportunity to reflect developing attitudes to wellbeing in the workplace.’

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4 New Square, 16th November 2018

Source: www.4newsquare.com

SRA v James: When “I was driven to it” is no defence – 4 New Square

‘It is well-known that if a solicitor is guilty of dishonesty in and about the work he or she does, they will be struck off unless they can show “exceptional circumstances”. For a while it was thought that extreme and intolerable work pressure giving rise to mental health issues, in turn giving rise to an act or acts of dishonesty, might suffice.’

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4 New Square, 13th November 2018

Source: www.4newsquare.com

Government agrees to bring in new Mental Health Bill after independent review – Local Government Lawyer

Posted December 11th, 2018 in bills, detention, mental health, news by sally

‘The government has unveiled plans to introduce a new Mental Health Bill after accepting two key recommendations from an independent review of the Mental Health Act 1983.’

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Local Government Lawyer, 10th December 2018

Source: www.localgovernmentlawyer.co.uk