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
“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.”
The Independent, 18th November 2012
Source: www.independent.co.uk
“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.”
The Independent, 12th November 2012
Source: www.independent.co.uk
“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.”
Daily Telegraph, 8th November 2012
Source: www.telegraph.co.uk
“A man jailed for life for blinding his girlfriend by gouging out her eyes has had an appeal against his sentence refused.”
BBC News, 6th November 2012
Source: www.bbc.co.uk
“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.”
Thirty Nine Essex Street, 15th October 2012
Source: www.39essex.com
“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.”
Full story (PDF)
Thirty Nine Essex Street, 24th October 2012
Source: www. 39essex.com
“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.”
BBC News, 29th October 2012
Source: www.bbc.co.uk
“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.”
The Guardian, 19th October 2012
Source: www.guardian.co.uk
“Theresa May is to be congratulated for halting McKinnon’s extradition, but she must legislate to prevent future injustice.”
The Guardian, 18th October 2012
Source: www.guardian.co.uk
“The Court of Appeal has told a self-represented litigant that his lack of legal understanding does not entitle him to ‘extra indulgence’.”
Law Society’s Gazette, 18th October 2012
Source: www.lawgazette.co.uk
“Theresa May must have found it galling to use the despised Human Rights Act as a get-out-of-jail-free card for Gary McKinnon. But there was no alternative to her using article 3 of the human rights convention, which says that no one shall be subjected to inhuman or degrading treatment or punishment.”
The Guardian, 16th October 2012
Source: www.guardian.co.uk
“British computer hacker Gary McKinnon will not be extradited to the US, Home Secretary Theresa May has announced.”
BBC News, 16th October 2012
Source: www.bbc.co.uk
“A schizophrenic woman who does not believe she has cancer can now undergo a risky operation against her wishes that could save her life, on the orders of a senior judge.”
Daily Telegraph, 15th October 2012
Source: www.telegraph.co.uk
“The High Court has ruled that the failure to consider the continued detention of a mentally ill failed asylum seeker in accordance with immigration policy rendered his detention unlawful in part.”
UK Human Rights Blog, 9th October 2012
Source: www.ukhumanrightsblog.com
“Moira Sofaer, barrister and mediator, of Goldsmith Chambers, considers the protection afforded by the courts to vulnerable adults who are outside the ambit of the Mental Capacity Act 2005 in the light of the Court of Appeal’s judgment in DL.”
Family Law Week, 27th September 2012
Source: www.familylawweek.co.uk
“The Metropolitan Police has commissioned an independent review into how it responds to people with mental health conditions.”
BBC News, 24th September 2012
Source: www.bbc.co.uk
“A man who abused a Tory MP in a crude email after the politician was headbutted by a rival at Westminster was fined £110 and ordered to pay £100 costs yesterday. Nicholas Scales told MP Stuart Andrew to ‘stop wasting police time and get your fucking job done’, Leeds magistrates court heard.”
The Guardian, 22nd August 2012
Source: www.guardian.co.uk
“This paper covers 5 topics:
(1) the Social Services (Wales) Bill;
(2) the Mental Health (Wales) Measure;
(3) the role of resources in decisions to provide services and challenges
to decisions about direct payments;
(4) challenges to decisions setting care home fees, and
(5) the relationship between community care and the best interests
jurisdiction.”
Full story (PDF)
11 KBW, 17th August 2012
Source: www.11kbw.com
“The legal advocate of the Moors murderer Ian Brady has been arrested for allegedly failing to reveal where the body of Keith Bennett, one of Brady and Myra Hindley’s five young victims, is buried.”
The Guardian, 17th August 2012
Source: www.guardian.co.uk
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