Court of Protection approves arrangements for safeguarding Article 8 rights of detained man – UK Human Rights Blog

Posted January 7th, 2013 in care homes, Court of Protection, detention, human rights, mental health, news by sally

“On 11 December 2012 Mr Justice Mostyn handed down judgment in J Council v GU and others [2012] EWHC 3531 (COP) approving arrangements aimed at safeguarding the Article 8 (private and family life) rights of a 57 year old man detained under the Mental Capacity Act 2005 in a private care home. At seven pages, the judgment was admirably concise.”

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UK Human Rights Blog, 7th January 2013

Source: www.ukhumanrightsblog.com

Advance Decisions: getting it right? – Thirty Nine Essex Street

Posted December 19th, 2012 in consent, medical treatment, mental health, news by sally

“The provisions relating to the existence, validity and applicability of advance decisions, and especially those relating to life-sustaining treatment, are some of the most important in the Mental Capacity Act 2005 (‘MCA 2005’). The penalties for failing to comply with the procedural requirements can result in the overriding by the Court of what may appear to be clear and strongly-held views expressed by P before the onset of incapacity.”

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Thirty Nine Essex Street, December 2012

Source: www.39essex.com

ASB and Possession – NearlyLegal

“Birmingham CC v Ashton is a case which illustrates the difficulty that judges face when they are invited to make possession orders on the grounds of nuisance and anti-social behaviour against tenants with mental health problems.”

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NearlyLegal, 16th December 2012

Source: www.nearlylegal.co.uk

Mentally ill man jailed for hospital arson has prison sentence quashed – The Guardian

Posted December 12th, 2012 in appeals, arson, mental health, news, sentencing by sally

“A severely mentally ill young man who tried to escape from a psychiatric unit by attempting to burn down a hospital door had an indefinite prison sentence quashed on Wednesday, after a two-year campaign by his mother.”

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The Guardian, 12th December 2012

Source: www.guardian.co.uk

New date set for Moors Murderer Ian Brady’s tribunal – BBC News

Posted December 6th, 2012 in mental health, murder, news, suicide, tribunals by sally

“Moors Murderer Ian Brady’s rescheduled mental health tribunal will take place in June, the Judicial Office has said.”

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BBC News, 6th December 2012

Source: www.bbc.co.uk

M v Scottish Ministers – WLR Daily

M v Scottish Ministers [2012] UKSC 58; [2012] WLR (D) 365

“It had been unlawful for the Scottish Ministers to fail to make the necessary regulations defining a who was a ‘qualifying patient’ detained at a ‘qualifying hospital’ and thus entitled to apply for a declaration from the Mental Health Tribunal for Scotland that he was a person detained under conditions of excessive security pursuant to section 268 of the Mental Health (Care and Treatment) (Scotland) Act 2003 which came into force on 1 May 2006 pursuant to section 333(2) of that Act.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

The inherent jurisdiction: where are we now? – Thirty Nine Essex Street

Posted December 4th, 2012 in jurisdiction, mental health, news by sally

“That very significant vestiges of the High Court’s inherent jurisdiction to grant declaratory and injunctive relief have survived the implementation of the MCA 2005 is now clear. However, what is very much less clear is precisely: (1) how far the inherent jurisdiction has survived; and (2) how the High Court can or should exercise its powers under the inherent jurisdiction in respect of those who can only be afforded protection by way of its exercise. Cases decided since the beginning of the year have perhaps made the answers less rather than more clear, and this note seeks to draw together some of the threads, as much to provoke discussion as to offer solutions. It concludes with a brief discussion of the prospects for statutory reform in the area in the shape of the draft Care and Support Bill.”

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Thirty Nine Essex Street, December 2012

Source: www.39essex.com

Triumph of substance over form – Hardwicke Chambers

“In Pieretti v. LB Enfield [2011] 2 All ER 642 the Court of Appeal held that a local authority in exercising its powers under Part VII Housing Act 1996 (Homelessness) was carrying out a ‘function’ for the purposes of s.49A. It was therefore an obligation on the Local Authority to have ‘due regard’ to the factors set out in the section and, in the case of homelessness, in particular to have ‘due regard’ to ‘the need to take steps to take account of disabled persons’ disabilities’. Moreover, this duty arose irrespective of whether or not the applicant, or their advisers, had raised disability as an issue.”

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Hardwicke Chambers, 30th November 2012

Source: www.hardwicke.co.uk

Regina v Nursing – WLR Daily

Posted December 3rd, 2012 in appeals, crime, law reports, mental health, negligence, wilful neglect by sally

Regina v Nursing [2012] EWCA Crim 2521; [2012] WLR (D) 360

“The offence of wilfully neglecting a person who lacked capacity, contrary to section 44(2) of the Mental Capacity Act 2005, was not legally uncertain. Neglect was not wilful if a defendant’s acts or omissions were or might have been motivated by the wish or sense of obligation to respect the autonomy of the person concerned.”

WLR Daily, 30th November 2012

Source: www.iclr.co.uk

Regina (L) v West London Mental Health NHS Trust – WLR Daily

Posted December 3rd, 2012 in detention, duty of care, hospitals, law reports, mental health by sally

Regina (L) v West London Mental Health NHS Trust [2012] EWHC 3200 (Admin); [2012] WLR (D) 357

“The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital.”

WLR Daily, 13th November 2012

Source: www.iclr.co.uk

Concerns raised over number of children held in police cells under Mental Health Act – The Independent

Posted November 19th, 2012 in children, detention, mental health, news, police by sally

“Police officers often face ‘no realistic option’ other than locking children as young as 11 years old in cells under mental health laws, it has emerged.”

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The Independent, 18th November 2012

Source: www.independent.co.uk

Criminologist Dr Silvia Casale to lead investigation in to the death in police custody of mentally ill man Sean Rigg – The Independent

Posted November 13th, 2012 in complaints, death in custody, inquiries, mental health, news, police by sally

“An international expert in the prevention of torture and inhuman treatment of prisoners is to lead an independent review into the way the death of a mentally ill man in police custody was investigated by the police watchdog.”

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The Independent, 12th November 2012

Source: www.independent.co.uk

Council ‘failed to consider differing needs of elderly and dementia patients when setting care home fees’ – Daily Telegraph

“A group of care homes has won a legal challenge against their local council, after accusing it of setting care fees too low and putting elderly and frail people at serious risk.”

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Daily Telegraph, 8th November 2012

Source: www.telegraph.co.uk

Eye-gouge man Shane Jenkin loses appeal over Tina Nash attack – BBC News

“A man jailed for life for blinding his girlfriend by gouging out her eyes has had an appeal against his sentence refused.”

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BBC News, 6th November 2012

Source: www.bbc.co.uk

The Interface between the Mental Health Act 1983 and the Mental Capacity Act 2005 – Thirty Nine Essex Street

Posted October 30th, 2012 in guardianship, mental health, news by sally

“There are, in one sense, multiple interfaces between the Mental Health Act 1983 and the Mental Capacity Act 2005: those concerning medical treatment, welfare and finances as well as restriction and deprivation of liberty. This paper focuses upon the latter since there is a confusing line of authority developing on the topic, and because there remain a number of questions to be answered and problems to be solved. It is fair to say that today’s talk perhaps raises more questions than it provides answers.”

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Thirty Nine Essex Street, 15th October 2012

Source: www.39essex.com

End of life – where are we now? – Thirty Nine Essex Street

Posted October 30th, 2012 in assisted suicide, children, euthanasia, mental health, news by sally

“Since the multitude of reflections provoked by the case of W v M and others [2011] EWHC 2443 (CoP) at the end of last year, there have been yet more difficult end of life decisions for the Courts this year. The tension between concepts of autonomy and dignity on the one hand, and respect for the sanctity of life and the duty to take steps to preserve it on the other, remain real and not easily resolved.”

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Thirty Nine Essex Street, 24th October 2012

Source: www. 39essex.com

Mental health sectioning error – BBC News

Posted October 30th, 2012 in detention, doctors, legislation, mental health, news, retrospectivity by sally

“Health Secretary Jeremy Hunt says urgent retrospective legislation is needed to correct a ‘technical error’ affecting up to 5,000 patients sectioned under the Mental Health Act since 2002.”

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BBC News, 29th October 2012

Source: www.bbc.co.uk

Young offenders should be screened for brain injuries – The Guardian

Posted October 19th, 2012 in criminal justice, mental health, news, young offenders by sally

“A report published on Friday makes some surprising and rather alarming claims. Apparently, 60% of young people in custody say they have experienced a traumatic brain injury. To put this figure into perspective, the incidence of brain injury is typically higher in the population under 25 than in older people, but recent research cited in the report suggests it is higher still for under-25s who find themselves involved in the criminal justice system.”

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The Guardian, 19th October 2012

Source: www.guardian.co.uk

Gary McKinnon’s ordeal is over – now put a stop to all needless extraditions – The Guardian

Posted October 19th, 2012 in computer crime, extradition, human rights, mental health, news by sally

“Theresa May is to be congratulated for halting McKinnon’s extradition, but she must legislate to prevent future injustice.”

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The Guardian, 18th October 2012

Source: www.guardian.co.uk

Litigant in person ‘not entitled to indulgence’ – Law Society’s Gazette

Posted October 18th, 2012 in courts, litigants in person, mental health, news by sally

“The Court of Appeal has told a self-represented litigant that his lack of legal understanding does not entitle him to ‘extra indulgence’.”

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Law Society’s Gazette, 18th October 2012

Source: www.lawgazette.co.uk