Local authorities, care orders and consent to confinement – Local Government Lawyer
‘Alex Ruck Keene KC (Hon) analyses another striking decision from Lieven J.’
Local Government Lawyer, 12th July 2024
Source: www.localgovernmentlawyer.co.uk
Category: consent
Mental capacity: best interests decisions on withdrawal of life-sustaining treatment – Mills & Reeve
‘A recent Court of Protection decision delicately addresses best interests decisions in the context of withdrawing life-sustaining treatment.’
Mills & Reeve, 10th July 2024
Source: www.mills-reeve.com
High Court finds LA can consent to deprivation of child’s liberty without DoLs order – Local Government Lawyer
Posted July 4th, 2024 in children, consent, deprivation of liberty safeguards, local government, news, parental responsibility by sally
‘The High Court has concluded that a Local Authority, which holds parental responsibility for a child under the age of 16, has the power to consent to the deprivation of his liberty.’
Local Government Lawyer, 3rd July 2024
Source: www.localgovernmentlawyer.co.uk
Tribunal rules after surgeon left women in agony – BBC News
Posted July 3rd, 2024 in consent, doctors, health, medical treatment, news, professional conduct by sally
‘A surgeon who left patients in “agony” made a number of failures, a tribunal has found.’
BBC News, 2nd July 2024
Source: www.bbc.co.uk
Capacity, sexual relations, silos and public protection – an impossible tangle for the Court of Protection? – Mental Capacity Law and Policy
Posted June 20th, 2024 in consent, Court of Protection, criminal justice, local government, mental health, news by sally
‘In A Local Authority v ZX [2024] EWCOP 30, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with the need to determine whether an 18 year old man had capacity to make decisions about engaging in sexual relations with others. His discomfort arose from the fact that the local authority was having to have recourse to the Court of Protection to respond to a situation where the man in question was posing a (largely self-reported, but on the face of it non-trivial) sexual threat to others, but whether neither mental health services nor the criminal justice system could respond.’
Mental Capacity Law and Policy, 20th June 2024
London man jailed for ‘stealthing’ after removing condom without consent – The Guardian
‘A man has been jailed for four years and three months in a rare conviction for “stealthing” – taking a condom off during sex without consent.’
The Guardian, 13th June 2024
Source: www.theguardian.com
‘I was in a coma and my DNA was taken without consent’ – BBC News
‘A hospital has paid £3,000 in compensation after failing to follow its own protocol to get consent to take a patient’s DNA.’
BBC News, 5th June 2024
Source: www.bbc.co.uk
Council and Official Solicitor fail in appeal over administration of covert medication to young woman – Local Government Lawyer
Posted June 4th, 2024 in consent, Court of Protection, disabled persons, local government, medical treatment, news, placement orders by tracey
‘The Court of Appeal has dismissed appeals brought by a local authority and the Official Solicitor challenging final declarations made by a Court of Protection judge that it was in a young woman’s best interests to cease to be given covert medication, and to leave her current placement to return to live with her mother.’
Local Government Lawyer, 31st May 2024
Source: www.localgovernmentlawyer.co.uk
Footballer cleared of raping sleeping woman and sending naked photos to teammates – The Guardian
Posted May 22nd, 2024 in consent, news, photography, rape, sexual offences, sport, telecommunications by sally
‘A footballer has been cleared of raping a sleeping woman twice in one night and intending to cause distress by sending naked photos of her to his teammates.’
The Guardian, 21st May 2024
Source: www.theguardian.com
Deprivation of liberty – are we listening closely enough to the person? – Mental Capacity Law and Policy
Posted May 15th, 2024 in consent, Court of Protection, deprivation of liberty safeguards, mental health, news by sally
‘Re HC [2024] EWCOP 24 is notable for the approach taken by Victoria Butler-Cole KC (sitting as a Tier 3 Judge) to the question of deprivation of liberty.’
Mental Capacity Law and Policy, 12th May 2024
Capacity, presumptions and catastrophe – Local Government Lawyer
Posted May 14th, 2024 in children, consent, drug abuse, hospitals, medical treatment, news, parental responsibility by tracey
‘Alex Ruck Keene KC (Hon) looks at a High Court judge’s careful approach to the presumption of capacity in relation to the mother in a case about end of life treatment for one of her twin sons.’
Local Government Lawyer, 10th May 2024
Source: www.localgovernmentlawyer.co.uk
Creating ‘deepfake’ sexual images to be criminal offence under new legislation – The Independent
Posted April 16th, 2024 in amendments, bills, consent, criminal justice, internet, news, obscenity, privacy by tracey
‘Creating a sexually explicit “deepfake” image is to be made an offence under new legislation, the Ministry of Justice has announced..’
The Independent, 16th April 2024
Source: www.independent.co.uk
The silencing of climate protesters in English and Welsh courts – The Guardian
Posted March 21st, 2024 in climate change, consent, defences, demonstrations, news, podcasts, public order by sally
‘The court of appeal ruled on Monday that the “consent” defence could not be used in the cases of climate activists. Sandra Laville reports.’
The Guardian, 21st March 2024
Source: www.theguardian.com
Jacobs -v- Chalcot Crescent (Management) Company Limited [2024] EWHC 259 (Ch) – Gatehouse Chambers
Posted March 14th, 2024 in amendments, consent, covenants, delay, landlord & tenant, leases, news by sally
‘At a hearing in January 2024, Mr Justice Fancourt allowed an appeal from the decision of HHJ Hellman in which the Judge had determined that the Defendant landlord had reasonably withheld its consent to alterations.’
Gatehouse Chambers, 27th February 2024
Source: gatehouselaw.co.uk
Removing UK climate protesters’ defence ‘could erode right to trial by jury’ – The Guardian
Posted February 22nd, 2024 in consent, constitutional law, criminal damage, criminal justice, defences, demonstrations, human rights, juries, news, trials by sally
‘A UK government attempt to remove one of the last remaining defences for climate protesters would be a slippery slope to the erosion of the constitutional right to trial by jury, the court of appeal was told on Wednesday.’
The Guardian, 21st February 2024
Source: www.theguardian.com
More to do to tackle rape misconceptions and lack of understanding of consent, CPS survey finds – Crown Prosecution Service
Posted January 30th, 2024 in consent, Crown Prosecution Service, news, rape, young persons by tracey
‘More still needs to be done to tackle common false beliefs about rape and understanding of consent, especially among young people, according to the largest survey of its kind in five years.’
Crown Prosecution Service, 26th January 2024
Source: www.cps.gov.uk
Landowner’s supreme court case threatens Dartmoor wild camping victory – The Guardian
Posted January 11th, 2024 in appeals, commons, consent, news, parks, statutory interpretation, Supreme Court by sally
‘The right to wild camp on Dartmoor could be under threat again after the supreme court granted permission for a wealthy landowner to bring a case against it.’
The Guardian, 10th Janaury 2024
Source: www.theguardian.com
Crunch time for cookie use, watchdog warns – BBC News
Posted November 22nd, 2023 in advertising, consent, consumer protection, data protection, internet, news, ombudsmen, privacy by sally
‘Some of the UK’s most visited websites could face fines unless they make it clearer that cookies are optional.’
BBC News, 21st November 2023
Source: www.bbc.co.uk
TikTok prankster Mizzy jailed for 18 weeks for breaching court order – The Guardian
Posted November 22nd, 2023 in consent, imprisonment, internet, news, sentencing, video recordings by sally
‘The TikTok prankster Mizzy has been jailed for 18 weeks by a judge who said his videos were “not funny”.’
The Guardian, 21st November 2023
Source: www.theguardian.com
Back to the drawing board for patient autonomy? Informed consent following McCulloch – Guildhall Chambers
Posted November 15th, 2023 in appeals, chambers articles, consent, doctors, negligence, news by sally
‘In the most significant decision on informed consent since Montgomery, the Supreme Court have held that the question of what “reasonable alternative treatments” a doctor has a duty to inform their patient about is governed by the “professional practice test” (as in Bolam). As to the disclosure of “material risks” inherent in treatment, the test in Montgomery endures.’
Guildhall Chambers, 24th October 2023
Source: www.guildhallchambers.co.uk
