Category: mental health

Illegality in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

Posted September 23rd, 2021 in illegality, mental health, negligence, news, personal injuries by tracey

‘A man with longstanding mental health issues walks into a pub with a can of petrol and a knife. He proceeds to pour the petrol on himself and says he is going to burn the pub down. The police are called, he is arrested and whilst in police custody, he undergoes a Mental Health Act assessment. It is alleged that the assessors negligently fail to recommend transfer to a secure psychiatric unit. The man alleges that he suffered an exacerbation of his mental health as a result of being transferred to a medium secure prison where he witnessed various unpleasant acts that he would not have witnessed in a secure psychiatric unit.’

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Ropewalk Clinical Negligence Blog, 22nd September 2021

Source: www.ropewalk.co.uk

Injunction for re-entry and balance of convenience. – Nearly Legal

Posted September 15th, 2021 in appeals, housing, injunctions, landlord & tenant, mental health, news, repossession by tracey

‘Mahandru v Nielson (2021) EWHC 2297 (QB). An appeal of a County Court decision to refuse an interim injunction for re-entry in a claim for illegal eviction.’

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Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk

Cancelling a debt moratorium – some issues – Nearly Legal

Posted September 15th, 2021 in civil procedure rules, debts, housing, landlord & tenant, mental health, news, repossession by tracey

‘Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch). I’m not going into any detail on the background to this judgment. It forms part of what has been by any measure truly epic litigation, which has yet to culminate in a possession trial on one property and an eviction trial on another property (with the parties’ roles reversed). If you have several days to spare, the many and varied previous judgments are worth a read, not least as offering intermittent lessons in how not to litigate. However, this is the first judgment dealing with debt moratoria and applications (or claims) to cancel a moratorium under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 so it is of considerable interest.’

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Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk

Court of Appeal agrees to hear appeal by Health Secretary in dispute over interpretation of ‘ordinary residence’ and s.117 Mental Health Act – Local Government Lawyer

Posted September 1st, 2021 in appeals, government departments, local government, mental health, news, statutory interpretation by sally

‘The Court of Appeal has granted the Department of Health and Social Care permission to appeal a key ruling on the issue of ‘ordinary residence’ for the purposes of s.117(3) of the Mental Health Act.’

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Local Government Lawyer, 31st August 2021

Source: www.localgovernmentlawyer.co.uk

New training needed for police after children and mentally ill people Tasered, watchdog warns – The Independent

Posted August 27th, 2021 in children, firearms, inquests, mental health, news, ombudsmen, police, professional conduct, statistics by tracey

‘Police must be trained to use Tasers only when “absolutely necessary”, a watchdog has said after a review found the weapons were being used against children and mentally ill people.’

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The Independent, 26th August 2021

Source: www.independent.co.uk

Families urge ban on English police Taser use against people in distress – The Guardian

Posted August 26th, 2021 in mental health, news, police, weapons by sally

‘The families of people who died after being Tasered by police in England have called for a ban on the use of electrical weapons against people in mental health crises.’

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The Guardian, 25th August 2021

Source: www.theguardian.com

PDS employee dismissed after work with murderer awarded £100k – Legal Futures

Posted August 23rd, 2021 in compensation, damages, disability discrimination, employment, employment tribunals, mental health, Ministry of Justice, murder, news, post-traumatic stress disorder, unfair dismissal by tracey

‘The Public Defender Service (PDS) has been ordered to pay £100,000 in compensation to an employee unfairly dismissed after suffering post-traumatic stress disorder (PTSD) due to her work debriefing a murderer.’

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Legal Futures, 23rd August 2021

Source: www.legalfutures.co.uk

Police powers: detention and custody – House of Commons Library

Posted August 20th, 2021 in custody, detention, investigatory powers, mental health, news, parliament, police by sally

‘This Commons Library briefing paper describes police detention powers and outlines a recent history of their reform. It also describes the police custody estate.’

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House of Commons Library, 19th August 2021

Source: commonslibrary.parliament.uk

Coroner in Plymouth gunman case requests review of weapons licensing – The Guardian

Posted August 20th, 2021 in coroners, firearms, inquests, licensing, mental health, murder, news, offensive weapons by sally

‘The coroner overseeing the case of the Plymouth gunman, Jake Davison, who killed his mother and four other people, has asked a watchdog to examine whether changes to weapons licensing have been made since a man shot dead three women in the north of England almost 10 years ago.’

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The Guardian, 19th August 2021

Source: www.theguardian.com

Mental health crisis ends in cells for too many, snapshot suggests – BBC News

Posted August 20th, 2021 in custody, detention, hospitals, mental health, news, police, statistics by sally

‘Up to 4,500 people in mental health crisis were unlawfully held in police custody in England and Wales in a year, previously unpublished data suggests.’

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BBC News, 20th August 2021

Source: www.bbc.co.uk

Woodmancote shootings: Twin’s gun law anger after family deaths – BBC News

Posted August 19th, 2021 in firearms, homicide, licensing, mental health, news by sally

‘A man thought to have shot his partner and daughters before killing himself was given a gun licence despite police knowing he had failed to disclose mental health issues and a conviction.’

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BBC News, 18th August 2021

Source: www.bbc.co.uk

Coercive control: Male victims say they aren’t believed – BBC News

Posted August 18th, 2021 in coercive & controlling behaviour, domestic violence, families, gender, mental health, news, police, sex discrimination by sally

‘A man who reported his female partner to the police for coercive control has said not being taken seriously felt like another form of gaslighting.’

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BBC News, 17th August 2021

Source: www.bbc.co.uk

Coercive control: Male victims say they aren’t believed – BBC News

Posted August 17th, 2021 in coercive & controlling behaviour, domestic violence, families, gender, mental health, news, police, sex discrimination by tracey

‘A man who reported his female partner to the police for coercive control has said not being taken seriously felt like another form of gaslighting.’

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BBC News, 17th August 2021

Source: www.bbc.co.uk

Kevin Clarke death: police watchdog reopens investigation – The Guardian

Posted August 17th, 2021 in death in custody, inquests, mental health, news, ombudsmen, police, professional conduct, restraint by tracey

‘The Independent Office for Police Conduct (IOPC) has reopened its investigation into the circumstances surrounding the death of Kevin Clarke, a mentally ill black man who could be heard saying the words “I can’t breathe” while he was being restrained by police shortly before he died.’

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The Guardian, 16th August 2021

Source: www.theguardian.com

Leeds prison punished inmates by restricting showers, report finds – The Guardian

Posted August 13th, 2021 in disciplinary procedures, mental health, news, prison officers, prisons, self-harm, statistics, suicide, violence by tracey

‘Prisoners were unlawfully prevented from showering daily as punishment for poor behaviour, with shielding and self-isolating inmates also unable to do so, according to a damning report.’

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The Guardian, 12th August 2021

Source: www.theguardian.com

‘Systematic failings’ in England’s care system as boy restrained in hospital – The Guardian

Posted August 13th, 2021 in care homes, children, government departments, hospitals, judges, judgments, local government, mental health, news, police, restraint, social services by tracey

‘The “shameful” case of a violent 12-year-old boy who was detained in hospital by 15 police officers illustrates the “systemic failings” in England’s care system, according to the body representing all of England’s directors of children’s services.’

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The Guardian, 12th August 2021

Source: www.theguardian.com

Research Briefing: Police powers: detention and custody – House of Commons Library

Posted August 9th, 2021 in custody, detention, investigatory powers, mental health, news, parliament, police, terrorism by tracey

‘This Commons Library briefing paper describes police detention powers and outlines a recent history of their reform. It also describes the police custody estate.’

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House of Commons Library, 3rd August 2021

Source: commonslibrary.parliament.uk

The Queen (o.a.o Rayner) v Leeds Magistrates Court: closure orders, legal aid reviews and adjournments – Nearly Legal

Posted August 9th, 2021 in adjournment, courts, housing, human rights, judicial review, landlord & tenant, legal aid, magistrates, mental health, news, repossession by tracey

‘In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates Court to state a case. He declined to grant relief because the issue had become academic, but if that had not been the case he would have found for the Claimant. Leeds City Council, the Claimant’s landlord, were an Interested Party in the JR, took a neutral position and were not represented. Leeds District Magistrates Court, the Defendant, did the same, the usual approach where a court is challenged.’

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Nearly Legal, 8th August 2021

Source: nearlylegal.co.uk

Employer reasonable adjustment requirements highlighted in pay dispute – OUT-LAW.com

Posted August 9th, 2021 in appeals, chambers articles, disability discrimination, disabled persons, employment, employment tribunals, equality, flexible working, mental health, news, remuneration by tracey

‘A recent ruling by the Employment Appeal Tribunal (EAT) provides useful guidance for employers about their obligations to make ‘reasonable adjustments’ to pay to account for employee disability, an employment law expert has said.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

Judge raps NHS England and mental health trusts over failure to provide medium secure bed for 15-year-old girl – Local Government Lawyer

Posted August 5th, 2021 in children, deprivation of liberty safeguards, hospitals, mental health, news by sally

‘A Family Division judge has strongly criticised NHS England and two NHS mental health trusts over the failure to accommodate a 15-year-old girl “M” with complex needs through a medium secure tier 4 bed.’

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Local Government Lawyer, 4th August 2021

Source: www.localgovernmentlawyer.co.uk