Outsourcing and the Human Rights Act 1998 – the consequences – Mental Capacity Law and Policy

‘Without straying into politics, Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) is a case which demonstrates the consequences of the fact that much state-funded care – including coercive mental health care – is now delivered privately. It concerns a man, Paul Sammut, who had what was described as a chronic, enduring and treatment resistant schizophrenia. For large parts of his adult life, he was detained under s.3 Mental Health Act 1983.’

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Mental Capacity Law and Policy, 16th September 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Property and Affairs Report – September 2024 – 39 Essex Chambers

‘In the Property and Affairs Report: a guest post updating deputies and attorneys on important responsibilities.’

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39 Essex Chambers, 1st September 2024

Source: www.39essex.com

Health, Welfare and Deprivation of Liberty Report – 39 Essex Chambers

‘In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal on belief and capacity, and both sexual and medical complexities before the courts.’

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39 Essex Chambers , 1st September 2024

Source: www.39essex.com

Challenges to deprivation of liberty orders in England soar by a third – The Guardian

‘Growing numbers of vulnerable people receiving care are challenging deprivation of liberty (Dol) orders that can mean they are locked up or kept under restrictive supervision.’

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The Guardian, 4th August 2024

Source: www.theguardian.com

Local authorities, care orders and consent to confinement – Local Government Lawyer

‘Alex Ruck Keene KC (Hon) analyses another striking decision from Lieven J.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

High Court finds LA can consent to deprivation of child’s liberty without DoLs order – Local Government Lawyer

‘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.’

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Local Government Lawyer, 3rd July 2024

Source: www.localgovernmentlawyer.co.uk

Vulnerable children locked up and ‘gravely damaged by the state’, former top family judge warns – The Guardian

‘Vulnerable children with complex needs are being locked away in unregulated placements and are being “gravely damaged by the state” while their parents are driven to despair, according to England and Wales’s former top family judge. Sir James Munby terms the lack of provision of safe and therapeutic homes “a shocking moral failure”.’

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The Guardian, 9th June 2024

Source: www.theguardian.com

39 Essex Chambers June 2024 Mental Capacity Report – Mental Capacity Law and Policy

‘The June 2024 Mental Capacity Report is now out. Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: when no option is a good one, snapshots from the frontline, and are we listening closely enough to the person in the context of deprivation of liberty;

(2) In the Property and Affairs Report: the Powers of Attorney Act 2023 on election hold, contesting costs in probate cases and guidance on viewing LPAs online;

(3) In the Practice and Procedure Report: post-death costs, what does it mean to be an expert in the person, and procedure in brain stem death cases;

(4) In the Mental Health Matters Report: the MHA 1983 under strain in police cells and the hospital setting;

(5) In the Wider Context Report: the inherent jurisdiction – a case, guidance, and a challenge from Ireland; the older child and medical treatment decisions – mental capacity or competence, and Capacity and contempt proceedings – what is the test?

(6) In the Scotland Report: guardianship under examination before the Sheriff Appeal Court and Scottish Government’s Mental Health and Capacity Reform Programme.’

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Mental Capacity Law and Policy, 6th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Children detained under little-known orders are speaking out after turning 18 – BBC News

‘At the age of 14, Katy Baxter was detained alone under a court order, far from her Bournemouth home, supervised by two workers 24 hours a day, going for long periods without any contact with her family.’

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BBC News, 22nd May 2024

Source: www.bbc.co.uk

Deprivation of liberty – are we listening closely enough to the person? – Mental Capacity Law and Policy

‘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.’

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Mental Capacity Law and Policy, 12th May 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Serious medical treatment – the importance of the public record – Mental Capacity Law and Policy

‘In 2014, a (relatively) very long time ago, Sir James Munby, then President of the Court of Protection, issued guidance on the publication of judgments. This set a presumption, absent “compelling reasons,” for publication of judgments relating to a range of matters, either where the judgment already exists, or the judge has ordered that the judgment be transcribed. The guidance applied to all judgments in the Court of Protection delivered by the Senior Judge, nominated Circuit Judges and High Court Judges (in other words, not to judgments delivered by District Judges, who hear the majority of cases).’

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Mental Capacity Law and Policy, 22nd April 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Deprivation of liberty and care providers – how thick is your legal ice? – Mental Capacity Law and Policy

Posted March 22nd, 2024 in care homes, deprivation of liberty safeguards, elderly, families, news by sally

‘In a recent report, entitled A Hidden Crisis, Age UK has highlighted the extent of the problems with DoLS, setting out the results of qualitative research carried out with care home staff, representatives of local authority DoLS teams, and families of those affected by DoLS.’

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Mental Capacity Law and Policy, 19th March 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Law Society issues updated guidance on identifying deprivations of liberty – Local Government Lawyer

Posted March 21st, 2024 in deprivation of liberty safeguards, Law Society, news by sally

‘The Law Society of England and Wales has updated its guidance on the Deprivation of Liberty Safeguards (DoLS) following “important developments” in the law.’

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Local Government Lawyer, 19th March 2024

Source: www.localgovernmentlawyer.co.uk

High Court authorises deprivation of liberty of seven-year-old child in registered children’s home – Local Government Lawyer

‘The High Court has granted a local authority’s application to deprive a seven-year-old boy of his liberty, with directions to use the “minimum degree of force or restraint required”.’

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Local Government Lawyer, 1st March 2024

Source: www.localgovernmentlawyer.co.uk

39 Essex Chambers September Mental Capacity Report and walkthrough – Mental Capacity Law and Policy

Posted September 7th, 2023 in chambers articles, deprivation of liberty safeguards, mental health, news by sally

‘Our September 2023 Mental Capacity Report is now out, which we think is our largest ever, thanks to judicial hyperactivity over what is usually the (relatively) quiet summer period.’

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Mental Capacity Law and Policy, 6th September 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Judge refuses to make deprivation of liberty order where local authority feared termination of placement if none made – Local Government Lawyer

‘A judge has refused a local authority’s application for authorisation of arrangements which have resulted in a teenage girl being deprived of her liberty whilst residing at a children’s home.’

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Local Government Lawyer, 6th September 2023

Source: www.localgovernmentlawyer.co.uk

Deprivation of Liberty Safeguards applications up by 11% since last year – Local Government Lawyer

Posted August 29th, 2023 in deprivation of liberty safeguards, news, social services, statistics by sally

‘New data published by the NHS has revealed there were an estimated 300,765 applications for Deprivation of Liberty Safeguards (DoLS) received between 1 April 2022 to 31 March 2023.’

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Local Government Lawyer, 25th August 2023

Source: www.localgovernmentlawyer.co.uk

Maguire, Detention, and Article 2 Inquests – Doughty Street Chambers

‘Maguire [2023] UKSC 20 is the most recent, and highest, authority on the engagement of Article 2 ECHR in inquests. The Supreme Court’s judgment ties together the Maguire and Morahan authorities (both of which had previously reached the Court of Appeal). It runs to 77 pages, with a leading judgment from Lord Sales, and a concurrence from Lord Stephens.’

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Doughty Street Chambers, 7th July 2023

Source: insights.doughtystreet.co.uk

Ofsted issues warning against placement of vulnerable children in unregistered homes – Local Government Lawyer

‘Ofsted has warned that “too often”, children subject to deprivation of liberty (DoL) orders are placed in illegal unregistered settings without external oversight.’

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Local Government Lawyer, 15th August 2023

Source: www.localgovernmentlawyer.co.uk

National deprivation of liberty court: Latest data trends – June 2023 – Family Law

‘In July 2022, the President of the Family Division launched the national deprivation of liberty court. Based at the Royal Courts of Justice, it deals with all new applications seeking authorisation to deprive children of their liberty under the inherent jurisdiction and will run for a 12-month pilot phase initially. Nuffield Family Justice Observatory was invited to collect and publish data on these applications.’

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Family Law, 7th August 2023

Source: www.familylaw.co.uk