NHS care regulator says sexual incidents ‘commonplace’ in mental health units – The Guardian

Posted September 11th, 2018 in harassment, health, mental health, news, sexual offences by tracey

‘Sexual incidents including harassment, assaults and rapes are “commonplace” in mental health units, mainly carried out by patients, the NHS’s care regulator has reported.’

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The Guardian, 11th September 2018

Source: www.theguardian.com

Man found guilty of killing great-niece, 11, in ‘frenzied attack’ – The Guardian

Posted August 17th, 2018 in diminished responsibility, homicide, mental health, news by sally

‘A man who battered his 11-year-old great-niece to death with a table leg has been found guilty of manslaughter.’

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The Guardian, 16th August 2018

Source: www.theguardian.com

Liberty protection safeguards to protect vulnerable people in care – Family Law

Posted August 10th, 2018 in deprivation of liberty safeguards, mental health, news by sally

‘Amendments to mental health legislation aim to correct some of the current system’s obvious failings. Ben Troke, solicitor at Browne Jacobson LLP, discusses the Mental Capacity (Amendment) Bill, which introduces new law to protect the rights of people who do not have the mental capacity to make decisions about their care, and replaces the much-criticised deprivation of liberty safeguards (DoLS).’

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Family Law, 9th August 2018

Source: www.familylaw.co.uk

English courts trial mental health referrals for vulnerable offenders – The Guardian

Posted August 10th, 2018 in alcohol abuse, drug abuse, mental health, news, rehabilitation, sentencing by sally

‘Offenders with mental health, alcohol and drug abuse problems are being referred to health services as part of community sentences in an effort to steer them away from jail time.’

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The Guardian, 10th August 2018

Source: www.theguardian.com

Capacity on the cobbles, Coronation Street’s inheritance dispute storyline – Family Law

Posted August 9th, 2018 in gifts, intestacy, mental health, news, wills by tracey

‘As Coronation Street fans will know, Aidan Connor (played by Shayne Ward) tragically committed suicide earlier this year. Following his death, his family were shocked to discover that he left his share of his business, Underworld, to his friend and former business partner Alya Nazir. Aidan’s half-sister, Carla Connor, was particularly outraged by this. She had gifted her interest in the business to Aidan earlier in the year, after he had made his will but before his death. Carla and family consulted a local solicitor, Adam Barlow, who suggested that they could challenge the will on the grounds that Aidan lacked capacity due to depression.’

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Family Law, 8th August 2018

Source: www.familylaw.co.uk

Court of Appeal in Mencap: The end of minimum wage for sleep-ins when asleep? – Cloisters

Posted August 7th, 2018 in care workers, mental health, minimum wage, news by sally

‘Nathaniel Caiden considers today’s Court of Appeal judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad in which Caspar Glyn QC and Chesca Lord appeared for Mr Shannon.’

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Cloisters, 13th July 2018

Source: www.cloisters.com

Appeal judges refuse compensation for schizophrenic who killed mother – Litigation Futures

‘The Court of Appeal has unanimously rejected a compensation claim brought by a schizophrenic woman who stabbed her mother to death.’

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Litigation Futures, 7th August 2018

Source: www.litigationfutures.com

Against their will? – New Law Journal

Posted July 31st, 2018 in forced marriages, mental health, news, wills by sally

‘Constance McDonnell uncovers a surprising scenario in the area of probate law.’

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New Law Journal, 20th July 2018

Source: www.newlawjournal.co.uk

Capacity in the context of Prader-Willi syndrome – Family Law

Posted July 31st, 2018 in disabled persons, expert witnesses, mental health, news, social services by sally

‘Ella Anderson, barrister at Spire Barristers, discusses the practical implications of the judgment in Re FX [2017] EWCOP 36 – the first ever reported decision to consider questions of capacity in the context of Prader-Willi syndrome, a rare genetic disorder which causes a range of physical, learning and behavioural difficulties.’

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Family Law, 30th July 2018

Source: www.familylaw.co.uk

Hospital neglected woman who killed herself, inquest finds – The Guardian

Posted July 30th, 2018 in accidents, health & safety, hospitals, inquests, mental health, news by sally

‘A hospital neglected a vulnerable woman who accidentally killed herself in a part of the building bosses had been warned could be used for hanging, an inquest has concluded.’

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The Guardian, 27th July 2018

Source: www.theguardian.com

Rashan Charles: why ex-Met officer great-uncle rejects inquest verdict – The Guardian

Posted July 26th, 2018 in disciplinary procedures, inquests, London, mental health, news, police, restraint by sally

‘Rod Charles understands the issue of police constraint more than most. He is a retired chief inspector, having served for 30 years. He is also the great-uncle of Rashan Charles, 20, who died in an incident involving restraint by a police officer last July.’

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The Guardian, 25th July 2018

Source: www.theguardian.com

Woman killed herself after series of NHS trust errors, jury finds – The Guardian

Posted July 26th, 2018 in duty of care, health, inquests, mental health, news, suicide, young persons by sally

‘A young woman with mental health problems killed herself after a series of major errors by the NHS trust that was looking after her, a jury at an inquest into her death has found.’

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The Guardian, 25th July 2018

Source: www.theguardian.com

Police custody deaths hit 10-year high, with experts citing austerity – The Guardian

‘Police custody deaths have hit their highest level in a decade with police, campaigners and experts warning that austerity and a crisis in mental health services have driven the figure up.’

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The Guardian, 25th July 2018

Source: www.theguardian.com

Pte Sean Benton: Deepcut soldier’s death was suicide, coroner rules – BBC News

Posted July 19th, 2018 in armed forces, bullying, inquests, mental health, news, suicide by tracey

‘The death of a young soldier at Deepcut barracks 23 years ago was suicide, a coroner has ruled after a new inquest.’

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BBC News, 18th July 2018

Source: www.bbc.co.uk

Inquest criticises police over London killing of Dutch academic – The Guardian

Posted July 18th, 2018 in diminished responsibility, homicide, inquests, mental health, news, police by tracey

‘An inquest jury has criticised police failings over the killing of the academic Dr Jeroen Ensink, who was stabbed by a stranger suffering from psychosis as he posted cards announcing the birth of his daughter.’

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The Guardian, 17th July 2018

Source: www.theguardian.com

Lady Hale at the Royal College of Psychiatrists Annual Conference, Birmingham – Supreme Court

Posted July 5th, 2018 in bills, disabled persons, human rights, judges, mental health, speeches, treaties by tracey

‘Lady Hale at the Royal College of Psychiatrists Annual Conference, Birmingham. Is it time for yet another Mental Health Act?’

Full speech

Supreme Court, 24th June 2018

Source: www.supremecourt.uk

New law to protect people with dementia and learning disabilities announced – Law Commission

‘Thousands of vulnerable people with dementia and learning disabilities will be given better protection by a new law announced today by the Government. The new Mental Capacity (Amendment) Bill, based on Law Commission recommendations, brings in extra protections for those who lack the mental capacity to make decisions about their care.’

Full press release

Law Commission, 3rd July 2018

Source: www.lawcom.gov.uk

Gaia Pope: Police watchdog launches new probe over handling of rape allegation two years before teenager’s death – The Independent

Posted July 5th, 2018 in complaints, mental health, news, police, rape, suicide, victims, young persons by tracey

‘Police who failed to act on an allegation of rape made by Gaia Pope two years before her tragic death are under investigation in a fresh probe.’

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The Independent, 5th July 2018

Source: www.independent.co.uk

Home Office separating scores of children from parents as part of immigration detention regime – The Independent

Posted July 5th, 2018 in children, detention, families, immigration, mental health, news by tracey

‘The Home Office is separating scores of children from their parents as part of its immigration detention regime – in some cases forcing them into care in breach of government policy.’

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The Independent, 4th July 2018

Source: www.independent.co.uk

Homelessness and capacity – Nearly Legal

Posted July 4th, 2018 in homelessness, housing, local government, mental health, news, statutory duty by sally

‘In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance. The House of Lords in R v Tower Hamlets LBC ex p Ferdous Begum (1993) AC 509 (linked with Garlick, in which it was argued that an application could be made by minors) held that a person had to have capacity to “comprehend or evaluate” an offer of accommodation and could not be treated as a person in priority need. As Lord Griffiths put it, “In my view it is implicit in the provisions of the Act that the duty to make an offer is only owed to those who have the capacity to understand and respond to such an offer and if they accept it to undertake the responsibilities that will be involved.” There is a personal element to this issue – Ferdous Begum and Garlick were cases which first captured my academic interest in homelessness law back in 1992, mainly because the decision seemed wrong discursively (even then) and also because of the real difficulties which occur in practice in the distinction between homelessness and care duties.’

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Nearly Legal, 3rd July 2018

Source: nearlylegal.co.uk