Judge orders that anorexic woman can be force-fed | Analysis – UK Human Rights Blog

Posted June 19th, 2012 in food, medical ethics, medical treatment, mental health, news by sally

“Mr Justice Jackson has ruled that it would be lawful and in the best interests of a 32 year old woman (referred to in the judgment as ‘E’) for her to be fed, using physical force or chemical sedation as necessary, for a period of ‘not less than a year’.”

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UK Human Rights Blog, 19th June 2012

Source: www.ukhumanrightsblog.com

‘As hard as it gets’: the case of anorexic E and the right to die – The Guardian

Posted June 19th, 2012 in medical ethics, medical treatment, mental health, news by sally

“The judge in this challenging case eventually relied on intuition. In such a dilemma, can law or ethics ever yield a single right answer?”

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The Guardian, 19th JUne 2012

Source: www.guardian.co.uk

Anorexic medical student should be fed against her will, judge rules – Daily Telegraph

Posted June 18th, 2012 in food, medical ethics, medical treatment, mental health, news, privacy by sally

“A High Court judge has ruled that it is in the best interests of a woman who suffers from anorexia to be fed against her wishes.”

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Daily Telegraph, 15th June 2012

Source: www.telegraph.co.uk

Mental health problems no longer a bar to becoming an MP – The Guardian

Posted June 15th, 2012 in company directors, juries, mental health, news, parliament by sally

“Laws barring people who have had severe mental health problems from jury service and from being MPs or company directors are to be abolished following an extraordinary debate in which several MPs gave moving accounts of their own experiences of the illnesses.”

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The Guardian, 14th June 2012

Source: www.guardian.co.uk

Heathcliff actor who racially harassed partner given conditional discharge – The Guardian

Posted May 29th, 2012 in conditional discharge, costs, harassment, mental health, news, racism by tracey

“A young film actor chosen from a jobcentre to play the role of Heathcliff in Wuthering Heights has been given a conditional discharge for the racially aggravated harassment of his partner and mother of their young daughter.”

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The Guardian, 28th May 2012

Source: www.guardian.co.uk

Nurofen Plus tampering: Christopher McGuire jailed – BBC News

Posted May 28th, 2012 in contamination, drug offences, mental health, news, sentencing by sally

“A man who contaminated painkillers with powerful anti-psychotic drugs has been jailed for 18 months.”

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BBC News, 28th May 2012

Source: www.bbc.co.uk

Court of Protection Update – Thirty Nine Essex Street

Court of Protection Update (PDF)

Thirty Nine Essex Street, May 2012

Source: www.39essex.com

Torbay Council agrees to pay £25,000 to ‘suicidal’ man – BBC News

Posted May 17th, 2012 in bankruptcy, compensation, local government, mental health, news by sally

“A council in Devon has agreed to compensate a ‘suicidal’ man after its actions resulted in him going bankrupt.”

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BBC News, 17th May 2012

Source: www.bbc.co.uk

Care home criticised as resident is sentenced for murdering schoolboy – The Independent

Posted May 16th, 2012 in care homes, mental health, murder, news, sentencing by tracey

“A private care home was criticised by a judge today as he sentenced a mentally ill resident to life for killing an innocent schoolboy.”

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The Independent, 16th May 2012

Source: www.independent.co.uk

Man who said God told him to attack tourist with cobblestone jailed – The Guardian

Posted May 15th, 2012 in attempted murder, attempts, mental health, murder, news, sentencing by sally

“A man undergoing psychiatric care who almost murdered a tourist outside York Minster by hitting him repeatedly with a cobblestone has been jailed for a minimum of four and a half years.”

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The Guardian, 14th May 2012

Source: www.guardian.co.uk

Court of Protection Update – Family Law Week

Posted May 14th, 2012 in consent, Court of Protection, DNA, mental health, news, sexual offences, wills by sally

“Sally Bradley, Barrister, of 4 Paper Buildings analyses recent decisions in the Court of Protection relating to capacity to consent to sexual relations, DNA testing and statutory wills.”

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Family Law Week, 11th May 2012

Source: www.familylawweek.com

Advance decisions: a rare and welcome judicial look – Halsbury’s Law Exchange

Posted May 10th, 2012 in health, mental health, news by sally

“The Mental Capacity Act 2005 contains detailed provision for advance decisions – otherwise known as advance directives: see ss 24, 25 and 26. These are statements made by a person when capacitous, which may apply when the person loses capacity. If they are ‘valid and applicable’ they have the same effect as if made by that person capacitously. A competent patient has the right to refuse even life-sustaining treatment.”

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Halsbury’s Law Exchange, 9th May 2012

Source: www.halsburyslawexchange.co.uk

Are you fit for “fitness to plead”? – One Inner Temple Lane

Posted May 8th, 2012 in fitness to plead, learning difficulties, mental health, news by sally

“The concept of ‘fitness to plead’ is often a source of confusion. It is not solely a consideration of whether the defendant is actually capable of being arraigned on the indictment. The question to be addressed is whether a defendant is fit to enter a plea and stand trial. A person may have sufficient capacity to deny the allegation that is made and yet be unable to undergo the entire trial process. The defence should not overlook the possible benefits, where properly available, to a defendant of a finding of unfitness to plead. Where the issue of fitness to plead is raised it must be determined by a Judge. The defendant ought not to be arraigned before this issue is determined. If a defendant is found unfit to plead there is a further hearing before a jury to determine whether or not he did the act or acts alleged. If unsure, the defendant will be acquitted and so he will have the advantage of challenging the Crown’s evidence. If the finding is adverse to the defendant then the Judge has the power to make a hospital order (with or without restriction), a supervision order or an absolute discharge. The defendant can be diverted from the prison system in this way.”

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One Inner Temple Lane, 1st May 2012

Source: www.1itl.com

Strasbourg judges have got it wrong in case of man’s mistreatment in custody – The Guardian

Posted May 3rd, 2012 in detention, human rights, mental health, news by sally

“Judgment in MS v UK from European court leaves publicly funded authorities threatened with litigation from all sides.”

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The Guardian, 3rd May 2012

Source: www.guardian.co.uk

Mentally ill man’s detention in police cell breached his human rights – Daily Telegraph

Posted May 3rd, 2012 in detention, human rights, mental health, news by sally

“A violent mentally ill man who was kept in a police cell for more than three days without medical treatment suffered ‘inhuman or degrading treatment’, European human rights judges have ruled.”

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Daily Telegraph, 3rd May 2012

Source: www.telegraph.co.uk

Irrational, inhuman and degrading: detention of a mentally ill asylum-seeker was unlawful – UK Human Rights Blog

Posted April 23rd, 2012 in asylum, detention, false imprisonment, human rights, illegality, mental health, news by sally

“The detention of a mentally ill person in an Immigration Removal Centre (IRC) amounted to inhuman and degrading treatment and false imprisonment, and was irrational, the High Court has ruled.”

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UK Human Rights Blog, 23rd April 2012

Source: www.ukhumanrightsblog.com

Vulnerable adults still protected by High Court’s “great safety net” – UK Human Rights Blog

Posted April 10th, 2012 in appeals, human rights, jurisdiction, mental health, news by sally

“Where adults have capacity under the Mental Capacity Act 2005 (MCA 2005), does the ‘great safety net’ of the High Court’s inherent jurisdiction still exist to guard them from the effect on their decision making of undue influence, coercion, duress etc? In its judgment handed down on 28 March 2012, the Court of Appeal confirmed that it does.”

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UK Human Rights Blog, 6th April 2012

Source: www.ukhumanrightsblog.com

No extradition for Shrien Dewani – for now – UK Human Rights Blog

Posted April 2nd, 2012 in domestic violence, extradition, human rights, mental health, murder, news by sally

“The extradition to South Africa of Shrien Dewani, the man accused of murdering his wife on honeymoon there in 2010, has been delayed pending an improvement in his mental health.”

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UK Human Rights Blog, 31st March 2012

Source: www.ukhumanrightsblog.com

Shrien Dewani extradition halted on mental health grounds – Daily Telegraph

“Two judges in London ruled that it would be ‘unjust and oppressive’ to order the removal of Dewani, who is accused of arranging the contract killing of wife Anni in Cape Town in November 2010 during their honeymoon.”

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Daily Telegraph, 30th March 2012

Soruce: www.telegraph.co.uk

A local authority and others v L – WLR Daily

Posted March 30th, 2012 in duress, elderly, injunctions, law reports, mental health, undue influence by tracey

A local authority and others v L: [2012] EWCA Civ 253;  [2012] WLR (D)  101

“The High Court’s inherent jurisdiction to protect vulnerable adults had survived the implementation of the Mental Capacity Act 2005. Thus the court could act where an adult’s capacity to make decisions for herself was overborne by circumstances such as undue influence or duress which were not covered by the Act.”

WLR Daily, 28th March 2012

Source: www.iclr.co.uk