Care Home Conviction quashed, raising question over Mental Capacity Act offence – 23 Essex Street

Posted August 24th, 2011 in care homes, mental health, negligence, news by sally

“The owner of a care home, Annette Hopkins, represented by Kate Lumsdon (23es) and Barry McElduff (2KBW), had her conviction for negligence quashed by the Court of Appeal, who cast doubt over the viability of the offence created by the Mental Capacity Act 2005: R v Hopkins and Priest [2011]EWCA Crim 1513. The Court of Appeal, quashing the conviction on other grounds, held that in its view the offence as drafted failed the test of sufficient certainty. The Court was however bound by precedent: R v Dunn [2010] EWCA Crim 2935.”

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23 Essex Street, 17th August 2011

Source: www.23es.com

Beheading of Graham Rayner preventable, inquiry finds – BBC News

Posted August 18th, 2011 in homicide, inquiries, mental health, news by sally

“The death of a man decapitated by a mental health patient could have been stopped had there not been a catalogue of lost opportunities, an inquiry says.”

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BBC News, 17th August 2011

Source: www.bbc.co.uk

Regina (SL) v Westminster City Council (The Medical Foundation and another intervening) – WLR Daily

Posted August 15th, 2011 in asylum, law reports, local government, mental health, residential care by sally

Regina (SL) v Westminster City Council (The Medical Foundation and another intervening) [2011] EWCA Civ 954; [2011] WLR (D) 275

“On the true meaning of section 21(1)(a) of the National Assistance Act 1948, as amended, an asylum seeker suffering from depression and mental health difficulties who had been granted indefinite leave to remain was entitled to residential accommodation if the local authority had provided a programme of assistance and support to him through a care co-ordinator, since such provision of assistance would be otiose without the additional provision of housing.”

WLR Daily, 10th August 2011

Source: www.iclr.co.uk

OPG’s call for evidence on Deputies – Ministry of Justice

Posted August 5th, 2011 in charities, guardianship, mental health, news by sally

“Care charities and other not-for-profit organisations are being asked whether they think they can better meet the needs of people who lack mental capacity.”

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Ministry of Justice, 4th August 2011

Source: www.justice.gov.uk

Yorkie advert star admits killing terminally-ill wife – BBC News

“The star of the original Yorkie chocolate bar adverts has admitted killing his terminally-ill wife.”

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BBC News, 28th July 2011

Source: www.bbc.co.uk

Shrien Dewani extradition: Anni’s family seeks ‘closure’ as hearing ends – The Guardian

Posted July 21st, 2011 in extradition, human rights, mental health, news, prisons by sally

“The family of Anni Dewani, who was murdered on her honeymoon in South Africa, told how they wanted ‘closure’ as extradition proceedings against her husband, Shrien, drew to a conclusion.”

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The Guardian, 21st July 2011

Source: www.guardian.co.uk

Serial killers entiteld to benefits, minister admits – Daily Telegraph

Posted July 19th, 2011 in benefits, mental health, murder, news by tracey

“Serial killers including Ian Brady and Peter Sutcliffe, the Yorkshire Ripper could be claiming hundreds of pounds a year in benefits, it has emerged.”

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Daily Telegraph, 19th July 2011

Source: www.telegraph.co.uk

Jones and another v Ruth and another – WLR Daily

Posted July 14th, 2011 in appeals, damages, harassment, law reports, mental health by tracey

Jones and another v Ruth and another [2011] EWCA Civ 804;  [2011] WLR (D)  222

“Foreseeability of the injury or loss sustained by a claimant was not an essential element in the cause of action for harassment under section 3 of the Protection from Harassment Act 1997.”

WLR Daily, 12th July 2011

Source: www.iclr.co.uk

Boy who died in fall from Crete hotel balcony to get second inquest – The Guardian

Posted July 12th, 2011 in children, inquests, mental health, news, unlawful killing by tracey

“A new inquest is to be held in November into the death of a six-year-old boy who was killed when his father jumped from a hotel balcony in Greece while holding him.”

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The Guardian, 11th July 2011

Source: www.guardian.co.uk

Report attacks care of mental health patient who killed Wales pensioner – The Guardian

Posted July 1st, 2011 in homicide, hospitals, medical treatment, mental health, news by tracey

“The care and treatment given to a man with a history of schizophrenia who killed a pensioner because voices in his head ordered him to attack a stranger have been severely criticised in a review.”

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The Guardian, 30th June 2011

Source: www.guardian.co.uk

Nail bomber David Copeland loses sentence appeal – BBC News

Posted June 28th, 2011 in appeals, explosives, mental health, murder, news, sentencing by sally

“Nail bomber David Copeland has failed in his bid to reduce his minimum jail term of 50 years.”

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BBC News, 28th June 2011

Source: www.bbc.co.uk

Sunderland Council apologises after rape by boy, 11 – BBC News

Posted June 15th, 2011 in children, local government, mental health, news, rape, social services by sally

“A council has apologised for mistakes which led to an 11-year-old raping another boy.”

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BBC News, 15th June 2011

Source: www.bbc.co.uk

Hillingdon Council held autistic man Steven Neary unlawfully – BBC News

Posted June 9th, 2011 in autism, detention, local government, mental health, news by tracey

“A west London council acted unlawfully by refusing to allow a 21-year-old autistic man to be placed in the care of his father, the High Court ruled.”

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BBC News, 9th June 2011

Source: www.bbc.co.uk

Regulator to review care system after Winterbourne View abuse scandal – The Guardian

Posted June 8th, 2011 in abuse of position of trust, media, mental health, news, residential care by tracey

“Dame Jo Williams, chair of the Care Quality commission, pledges rethink of residential care for people with learning difficulties following exposé of abuse at Bristol hospital.”

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The Guardian, 7th June 2011

Source: www.guardian.co.uk

Why are some mentally ill patients treated like criminals? – The Guardian

Posted June 2nd, 2011 in crime, detention, mental health, news by sally

“When Linda Morgan’s son Joe Paraskeva was sectioned, he tried to escape from hospital and was given a prison sentence that could see him spend the rest of his life behind bars. His mother has launched a campaign, Justice for Joe, to highlight his case.”

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The Guardian, 1st June 2011

Source: www.guardian.co.uk

The Revenue tackles offensive labels for disabled in tax law – The Guardian

Posted May 31st, 2011 in disabled persons, HM Revenue & Customs, mental health, news by sally

“HM Revenue & Customers is looking at how to replace the terms ‘lunatic’, ‘idiot’, and ‘insane person’ in tax law.”

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The Guardian, 29th May 2011

Source: www.guardian.co.uk

Yvonne Freaney cleared of murder of autistic son, 11 – BBC News

Posted May 26th, 2011 in autism, diminished responsibility, mental health, murder, news by sally

“A woman has been cleared of the murder of her severely autistic 11-year-old son.”

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BBC News, 26th May 2011

Source: www.bbc.co.uk

Aitken v Commissioner of Police of the Metropolis – WLR Daily

Aitken v Commissioner of Police of the Metropolis [2011] EWCA Civ 582;  [2011] WLR (D)  165

“Parties and their lawyers using the tribunal system should not draw the appellate courts into unnecessary speculation as to what the law would be if an employment tribunal had found the facts differently. Users of the tribunal system needed to be reminded that they needed evidence to prove facts; they needed facts on which to base legal submissions; and they needed real, not imaginary, questions of law for any appeal.”

WLR Daily, 18th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Regina (Nassery) v Brent London Borough Council – WLR Daily

Posted May 13th, 2011 in housing, law reports, local government, mental health by tracey

Regina (Nassery) v Brent London Borough Council [2011] EWCA Civ 539; [2011] WLR (D) 156 

“Where a local authority was assessing whether a person was ‘in need of care and attention’ for the purposes of section 21(1)(a) of the National Assistance Act 1948 the primary focus was on present rather than future needs, but provided there was a present need for some sort of care an authority was also empowered to intervene before it became much worse.”

WLR Daily, 11th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Smokers win right to challenge hospital ban – The Guardian

Posted May 9th, 2011 in hospitals, mental health, news, smoking by sally

“Patients sectioned under the Mental Health Act have won permission to bring a high court test case over a hospital smoking ban.”

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The Guardian, 6th May 2011

Source: www.guardian.co.uk