Deprivation of liberty: Unlawful placements of children – Transparency Project
‘Can an English family court order the unlawful detention of a Welsh child?’
Transparency Project, 22nd November 2020
Source: www.transparencyproject.org.uk
Category: mental health
Facebook’s Instagram ‘failed self-harm responsibilities’ – BBC News
‘Children’s charity the NSPCC has said a drop in Facebook’s removal of harmful content was a “significant failure in corporate responsibility”.’
BBC News, 19th November 2020
Source: www.bbc.co.uk
Case Law Update: Lancashire County Council v G (Unavailability of Secure Accommodation) [2020] EWHC 2828 (Fam) – Parklane Plowden Chambers
‘Mr Justice MacDonald authorised the deprivation of liberty of a vulnerable 16-year-old girl, G, under the inherent jurisdiction. The court was left with no real choice but to authorise the deprivation in circumstances where the only placement that could be located was neither secure nor regulated. Mr Justice MacDonald was troubled with the situation, and questioned whether he was simply being forced by mere circumstance to make an order irrespective of welfare considerations rather than exercising the courts’ welfare jurisdiction.’
Parklane Plowden Chambers, 6th November 2020
Source: www.parklaneplowden.co.uk
Disability, Delusions and Definitions – Parklane Plowden
‘Employees that suffer from a disability so defined are protected against various forms of discrimination because of that status. Employers facing claims of such discrimination must assess whether a Tribunal will find that the employee was in fact, during the relevant period, disabled and, if so, whether it knew or reasonably ought to have known of that fact. It is common for employers to concede the fact of disability.’
Parklane Plowden Chambers, 4th November 2020
Source: www.parklaneplowden.co.uk
Stoffel & Co. v Grondona [2020] UKSC 42 – Hailsham Chambers
‘In Stoffel & Co. v Grondona, the Supreme Court considered the operation of the common law defence of illegality in the context of solicitors’ negligence for the first time since its seminal decision in Patel v Mirza [2017] AC 467. At the same time, the Court handed down judgment in a clinical negligence case: Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43.’
Hailsham Chambers, 3rd November 2020
Source: www.hailshamchambers.com
Mental health, clinical negligence and the illegality defence – UK Human Rights Law Blog
‘In Ecila Henderson v. Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence.’
UK Human Rights Law Blog, 3rd November 2020
Source: ukhumanrightsblog.com
Family of mentally ill single mother accuse DWP of failing to protect her – The Guardian
‘The family of a severely mentally ill woman who died after being without disability benefits for several months have accused the Department for Work and Pensions (DWP) of failing to safeguard her.’
The Guardian, 5th November 2020
Source: www.theguardian.com
Man admits killing his children at London home during UK lockdown – The Guardian
‘A man has admitted slitting the throats of his two young children during lockdown. Nadarajah Nithiyakumar, 41, attacked his daughter Pavinya, aged 19 months, and three-year-old son Nigash at the family home in Ilford, east London, on 26 April.’
The Guardian, 5th November 2020
Source: www.theguardian.com
Andrew Hill – ‘Sentencing of Young People with particular reference to the Issue of Mental Health’- 33 Bedford Row
‘I will look at in this article at some of the sentencing principles and guidance when sentencing young people and in particular for serious offences and when they are suffering from mental illness.’
33 Bedford Row, 27th October 2020
Source: www.33bedfordrow.co.uk
Man who controlled ex-partner’s digital existence jailed – BBC News
‘A man who used his ex-partner’s social media accounts to send explicit clips of her to her boss and family has been jailed for three years and four months.’
BBC News, 29th October 2020
Source: www.bbc.co.uk
Inappropriate police restraint contributed to the death of Kevin Clarke inquest concludes – Garden Court Chambers
‘Kevin Andre Clarke was 35-year-old black man who died after being restrained by police in Lewisham, South London, on 9 March 2018. Kevin had suffered from paranoid schizophrenia since the age of 17 and at the time of his death was experiencing a mental health episode.’
Garden Court Chambers, 9th October 2020
Source: www.gardencourtchambers.co.uk
Inquest concludes that fatal stabbing of Bathsheba Shepherd could have been prevented – Garden Court Chambers
‘The family of a vulnerable woman who was killed by her housemate while in supported accommodation have spoken of their loss after an inquest found that her death could have been prevented if effective risk assessments had been carried out.’
Garden Court Chambers, 5th October 2020
Source: www.gardencourtchambers.co.uk
Fourth High Court judge this year hits out at lack of secure accommodation for vulnerable young person – Local Government Lawyer
‘A fourth High Court judge this year has sent a copy of their judgment to the Secretary of State for Education in a case concerning the lack of secure accommodation for a vulnerable young person.’
Local Government Lawyer, 27th October 2020
Source: www.localgovernmentlawyer.co.uk
UK Covid policy for children in detention ‘cruel and inhumane’, says UN expert – The Guardian
‘The UK government’s policy of allowing children in detention to be locked alone in their cells for up to 23 hours a day under emergency Covid-19 measures is “extreme and inhumane” and could lead to lifelong mental health damage, according to the UN special rapporteur on torture and leading child health experts.’
The Guardian, 27th October 2020
Source: www.theguardian.com
Damning CQC report calls for improved community-based capacity, pooled budgets and new national specialist commissioner of complex care – Local Government Lawyer
‘A Care Quality Commission review has found “undignified and inhumane” care in some hospital settings providing complex care for autistic people, and people with a learning disability and/or mental health condition.’
Local Government Lawyer, 26th October 2020
Source: www.localgovernmentlawyer.co.uk
CQC report: Care of people with learning disabilities ‘inhumane’ – BBC News
‘Too many hospitals for people with learning disabilities or autism are providing poor care which is, at times, undignified and inhumane, the care regulator for England has said.’
BBC News, 23rd October 2020
Source: www.bbc.co.uk
Overarching principles: Sentencing offenders with mental disorders, developmental disorders, or neurological impairments – St Philips Barristers
‘The Sentencing Council’s guideline for sentencing offenders with mental disorders, developmental disorders, or neurological impairments came into force on 1 October 2020. The guideline applies only to offenders aged 18 and older, who are sentenced on or after 1 October 2020, regardless of the date of the offence. The applicable guideline for offenders under the age of 18 remains the Sentencing Children and Young People guideline, particularly section 11.1 to 1.14.’
St Philips Barristers, 7th October 2020
Source: st-philips.com
Ombudsman criticises council for leaving visually impaired man without support to access the community – Local Government Lawyer
‘A visually impaired man did not have the help he needed for 14 months after Westminster City Council reduced his support package, the Local Government and Social Care Ombudsman has said.’
Local Government Lawyer, 22nd October 2020
Source: www.localgovernmentlawyer.co.uk
