Essex mental health deaths review demands legal powers – BBC News
‘The government has been asked to decide whether to hold the first national public inquiry into mental health deaths.’
BBC News, 23rd January 2023
Source: www.bbc.co.uk
Category: mental health
Court of Appeal makes “unusual order” allowing appeal over refusal to make person party to care proceedings – Local Government Lawyer
‘The Court of Appeal has allowed an appeal over a Family Court judge’s refusal of an application by an appellant non-relative, Mr B, to become a party to care proceedings.’
Local Government Lawyer, 10th January 2023
Source: www.localgovernmentlawyer.co.uk
Woman with diabetes and subject to deprivation of liberty in care placement to be allowed home, judge rules – Local Government Lawyer
‘A Court of Protection judge has ruled that a woman with type 1 diabetes and mental health issues can go home, after being deprived of her liberty in a specialist facility which she expressed she “hated” being in.’
Local Government Lawyer, 9th January 2022
Source: www.localgovernmentlawyer.co.uk
Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac) – Exchange Chambers
‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
Mental health patient died of heroin overdose due to NHS trust neglect, inquest finds – The Guardian
‘A patient in a secure mental health unit died after another patient injected him with heroin smuggled in as a result of staff failing to identify the risk he posed, an inquest has ruled.’
The Guardian, 4th January 2023
Source: www.theguardian.com
Man with history of sex offending has capacity to make decisions in relation to care and support arrangements, Court of Protection judge rules – Local Government Lawyer
‘A Court of Protection judge has ruled that a young man with a history of sex offending will no longer be subject to a Deprivation of Liberty Authorisation.’
Local Government Lawyer, 19th December 2022
Source: www.localgovernmentlawyer.co.uk
NHS trust apologises as man kept in hospital for more than a year – BBC News
‘A man with physical and mental health problems is “living” in a hospital despite being fit to leave, a court has heard.’
BBC News, 19th December 2022
Source: www.bbc.co.uk
Sex offender who poses risk is able to make own decisions about care – judge – The Independent
‘A convicted child sex offender who “poses a risk” has the mental capacity to make decisions about his care and support, a judge has decided after a hearing in a specialist court.’
The Independent, 14th December 2022
Source: www.independent.co.uk
Lab worker convicted of murdering colleague at his parents’ home – The Guardian
‘A lab technician has been convicted of murdering a colleague at his parents’ home in Leicestershire before dumping her body in a country lane.’
The Guardian, 12th December 2022
Source: www.theguardian.com
Man given suspended 10-week sentence over racist assault on teacher in Stockport – The Guardian
‘A former soldier who pleaded guilty to a racist assault after chasing a teacher down the street with two umbrellas and using a racial slur has received a 10-week suspended sentence and been ordered to pay his victim £300.’
The Guardian, 8th December 2022
Source: www.theguardian.com
UK families call for easier access to deceased children’s social media history – The Guardian
‘Bereaved families are calling for easier access to the social media histories of deceased children, supporting amendments to the online safety bill.’
The Guardian, 5th December 2022
Source: www.theguardian.com
What Is The Mental Health Bill? – Each Other
‘The government is publishing a draft Mental Health Bill for pre-legislative scrutiny, to modernise the Mental Health Act (MHA) for the 21st century. While the draft Bill has been welcomed by many, there must be more detail and direction on how the new legislation will be implemented at ground level.’
Each Other, 6th December 2022
Source: eachother.org.uk
Children growing up in households with domestic abuse to be recognised as victims – The Independent
‘Children who grow up amid domestic abuse will be treated as victims and given specialist support even if they were not present during violent attacks.’
The Independent, 5th December 2022
Source: www.independent.co.uk
Law Commission recommendation targeting the encouragement of serious self-harm to be included in Online Safety Bill – Law Commission
‘Last week the Government announced that it will update the Online Safety Bill to include the Law Commission’s recommendation to make encouraging or assisting serious self-harm an offence.’
Law Commission, 29th November 2022
Source: www.lawcom.gov.uk
Chelsea Bridge death: family bring test case against police watchdog – The Guardian
‘The family of Oladeji Omishore, who drowned in June shortly after he was shot with a stun gun by police, are taking the police watchdog to the high court in a test case, accusing them of failing to properly investigate the officers involved.’
The Guardian, 28th November 2022
Source: www.theguardian.com
The beginning of a pushback against Article 2 inquests? – UK Human Rights Blog
‘In R (Morahan) v HM Assistant Coroner for West London [2022] EWCA Civ 1410, the Court of Appeal robustly rejected a challenge to the earlier decision of the Divisional Court that Article 2 did not apply to drug related death of a voluntarily admitted psychiatric patient.’
UK Human Rights Blog, 24th November 2022
Source: ukhumanrightsblog.com
Mental health may be biggest factor in UK homicides, study finds – The Guardian
‘Mental health problems may more often be a factor in homicides than gang membership, with most killings potentially preventable, a study suggests.’
The Guardian, 14th November 2022
Source: www.theguardian.com
Solicitor awarded £32,000 over anxiety during employment transfer – Law Society’s Gazette
‘A solicitor whose employment was transferred to another firm without notice or consultation has succeeded in a claim for constructive dismissal.’
Law Society’s Gazette, 10th November 2022
Source: www.lawgazette.co.uk
Assault EW cases and the perverse effects of virtue-signalling legislation – Counsel
‘Defence lawyers are concerned that charging is frequently not in the public interest and that defendants with severe mental health problems and/or who are neurodivergent are being pointlessly swept into the criminal justice system, warns Penelope Gibbs.’
Counsel, November 2022
Source: www.counselmagazine.co.uk
Mental health patients held ‘unlawfully’ in A&Es across the country, experts warn – The Independent
‘Mental health patients are being held “unlawfully” in A&Es across the country as long waits for care and beds force staff into “fudging” the law, The Independent has been told.’
The Independent, 8th November 2022
Source: www.independent.co.uk
