Why do we ignore the mental health aspects of crime? – BBC News
‘When 16-year-old Will Cornick admitted murdering the schoolteacher Ann Maguire, the reaction was one of shock and bewilderment.’
BBC News, 3rd December 2014
Source: www.bbc.co.uk
Category: mental health
Regina v Brennan – WLR Daily
Regina v Brennan [2014] EWCA Crim 2387; [2014] WLR (D) 502
‘Where, on a charge of murder, there was uncontradicted expert evidence to the effect that a defence of diminished responsibility was made out and the defendant applied at the close of evidence for the case of murder to be withdrawn, the judge should not leave the case of murder to the jury simply because the Crown wanted it to be left to the jury, but should evaluate whether a properly directed jury could properly convict of murder.’
WLR Daily, 21st November 2014
Source: www.iclr.co.uk
Drive to end Winterbourne View-style care going backwards, official report shows – Daily Telegraph
‘Report commissioned by NHS calls for closure of all Winterbourne View-style institutions for disabled patients but Chief Nursing Officer insists complexity of cases leading to slow progress.’
Daily Telegraph, 26th November 2014
Source: www.telegraph.co.uk
DD v Secretary of State for the Home Department – WLR Daily
DD v Secretary of State for the Home Department [2014] EWHC 3820 (Admin); [2014 ] WLR (D) 495
‘A judgment as to whether article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms had been breached in a case of alleged inhuman or degrading treatment was reached not simply by reference to the impact of the treatment complained of on the individual, but by also having regard to the necessity and proportionality of the underlying treatment, and the possible alternatives, in the manner of its execution.’
WLR Daily, 20th November 2014
Source: www.iclr.co.uk
Have we lost sight of J.S. Mill’s concept of the right to liberty? Article 5 in the Court of Protection – UK Human Rights Blog
‘Mostyn J has pulled no punches in rejecting an application for a declaration that an incapacitated person, being looked after in her own home, has been deprived of her liberty contrary to Article 5. There is a very full account of the judgment on the Mental Capacity Law and Policy blog so I will keep this summary short.’
UK Human Rights Blog, 21st November 2014
Source: www.ukhumanrightsblog.com
Conduct and disability – Employment Law Blog
‘Was there gross misconduct? If there was, did it justify dismissal? Those were issues before Judge Eady QC in Burdett v Aviva Employment Services Ltd, UKEAT/0439/13/JOJ, a case concerned with both unfair dismissal and discrimination arising from disability. The employee had committed assaults in the workplace. However, this was because of his disability. He suffered from a paranoid schizophrenic illness. The ET was judged to have been in error in finding gross misconduct. They had failed to engage with the question of blameworthiness. The ET was also found to have been in error in assuming that dismissal will necessarily fall within the range of reasonable responses in a gross misconduct case.’
Employment Law Blog, 20th November 2014
Source: www.employment11kbw.com
Rochdale Metropolitan Borough Council v KW and others – WLR Daily
Rochdale Metropolitan Borough Council v KW and others: [2014] EWCOP 45; [2014] WLR (D) 493
‘Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged where a person, often elderly, who was both physically and mentally disabled to a severe extent, was being looked after in her own home and where the arrangements had been made and paid for by a local authority rather than by the person’s own, or family, funds.’
WLR Daily, 18th November 2014
Source: www.iclr.co.uk
Mental health NHS trusts ranked for risk of poor care – BBC News
‘Health watchdog the Care Quality Commission (CQC) has ranked almost every mental health NHS trust in England in terms of risk of providing poor care.’
BBC News, 20th November 2014
Source: www.bbc.co.uk
Tania Clarence sentenced: Husband of depressed New Malden mother who killed children criticises medics for ‘pressuring family to submit to operations’ – The Independent
‘The husband of a depressed mother who killed her three young disabled children has criticised medical professionals for the “constant pressure” placed on the family to “submit the children to operations and other interventions”.’
The Independent, 18th November 2014
Source: www.independent.co.uk
Errors, damn errors, and statistics: Ajilore v Hackney LBC – NearlyLegal
‘With the Supreme Court set to look at priority need this December, Ajilore v Hackney [2014] EWCA Civ 1273 may prove to be a brief footnote in the evolution of the bloated Pereira test. But, at least for the next four weeks, it tells us something about the construction of the “ordinary homeless person” against which, post Johnson v Solihull [2013] EWCA Civ 752, applicants for homeless assistance are assessed.’
NearlyLegal, 16th November 2014
Source: www.nearlylegal.co.uk
Yarl’s Wood: Undercover tour of detention centre with dreadful reputation for its treatment of asylum seekers – The Independent
‘The Detention Centre in Bedfordshire – privately run, but publicly funded – has a dreadful reputation for its treatment of asylum seekers. Cole Moreton found a way inside to see if its notoriety is deserved.’
The Independent, 16th November 2014
Source: www.independent.co.uk
Too many prisoners jailed unnecessarily, says review head – The Guardian
‘The unnecessary jailing of too many people in England and Wales is leaving resources stretched and vulnerable inmates unsupervised, the head of a review into prison suicides has said.’
The Guardian, 14th November 2014
Source: www.guardian.co.uk
Too many inmates ‘jailed needlessly’, says review chief – BBC News
‘Too many people are being jailed unnecessarily, the head of a review into prison suicides has said.Lord Harris claimed resources were being weakened, leaving vulnerable inmates unsupervised. It comes as the parents of a man who killed himself at a young offenders institution criticised authorities.’
BBC News, 14th November 2014
Source: www.bbc.co.uk
IPCC to examine post-prison monitoring of cannibalistic murderer – The Guardian
‘The Ministry of Justice is to investigate whether a man reported to have murdered a woman in an act of cannibalism was properly managed after his release from prison.’
The Guardian, 9th November 2014
Source: www.guardian.co.uk
Brian Philip Telchadder (Appellant) v Wickland Holdings Limited (Respondent) – Supreme Court
Brian Philip Telchadder (Appellant) v Wickland Holdings Limited (Respondent) [2014] UKSC 57 (YouTube)
Supreme Court, 5th November 2014
Court of Appeal applies rare 19th century tort in granting injunction – RPC Privacy Blog
‘The Court of Appeal has granted an injunction against the publication of a well-known performing artist’s book to protect the rights of his son, not on the basis of misuse of private information but because publication would be likely to cause psychological harm to the son.’
RPC Privacy Blog, 4th November 2014
Source: www.rpc.co.uk
Sperm deal children ‘irredeemably marred’ by four-parent feud – Daily Telegraph
‘Judge warns of trauma ‘unleashed’ by fallout from ‘known-donor fertilisation’ arrangement between former friends.’
Daily Telegraph, 3rd November 2014
Source: www.telegraph.co.uk
Student with schizophrenia must have son adopted – The Guardian
‘A student with a history of severe mental illness has been told by a family court judge that her toddler son must be adopted.’
The Guardian, 3rd November 2014
Source: www.guardian.co.uk
Sentence for Ann Maguire’s killer ‘out of step with rest of western Europe’ – The Guardian
‘The 20-year minimum sentence handed out to the killer of teacher Ann Maguire is too harsh and puts Britain out of step with more lenient attitudes in the rest of Europe, according to a leading youth justice campaigner.’
The Guardian, 4th November 2014
Source: www.guardian.co.uk
