‘Public Law Newsletter July 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’
Spire Barristers, 27th July 2023
Source: www.spirebarristers.co.uk
‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’
Inquests and Inquiries Law Blog, 18th July 2023
Source: inquestsandinquirieslawblog.com
‘Major reform of safeguards covering people detained under the Mental Capacity Act will be a matter for the next government, the current government has revealed.’
Law Society's Gazette, 22nd June 2023
Source: www.lawgazette.co.uk
‘This article will set out the law in relation to the judicial allocation for applications under s.25 of the Children Act 1989.’
Becket Chambers, 2nd March 2023
Source: becket-chambers.co.uk
‘Applications for secure accommodation or deprivation of liberty orders, for children in the UK, have increased significantly in recent years. Lucy McCann talks with Richard Ager and Clare Ciborowska about the current situation.’
Law Pod UK, 22nd February 2023
Source: audioboom.com
‘The country’s most senior family judge has accused the education secretary of “complacency bordering on cynicism” in a scathing judgment that deplores the lack of secure, therapeutic placements in England and Wales for scores of children with complex needs at risk of taking their own lives.’
The Guardian, 31st January 2023
Source: www.theguardian.com
‘A Court of Protection judge has ruled that a woman with type 1 diabetes and mental health issues can go home, after being deprived of her liberty in a specialist facility which she expressed she “hated” being in.’
Local Government Lawyer, 9th January 2022
Source: www.localgovernmentlawyer.co.uk
‘A Court of Protection judge has ruled that a young man with a history of sex offending will no longer be subject to a Deprivation of Liberty Authorisation.’
Local Government Lawyer, 19th December 2022
Source: www.localgovernmentlawyer.co.uk
‘A convicted child sex offender who “poses a risk” has the mental capacity to make decisions about his care and support, a judge has decided after a hearing in a specialist court.’
The Independent, 14th December 2022
Source: www.independent.co.uk
‘The Law Society has said that reforming the Mental Health Act “must be a priority for the government” after annual statistics on the Mental Health Act have revealed that Black British people are still disproportionately affected in terms of detention and treatment compared to white people.’
Local Government Lawyer, 1st November 2022
Source: www.localgovernmentlawyer.co.uk
‘There is a compelling case for parents involved in deprivation of liberty proceedings to be treated the same as respondents in care proceedings when it comes to the provision of legal aid, a Deputy High Court Judge has said.’
Local Government Lawyer, 24th October 2022
Source: www.localgovernmentlawyer.co.uk
‘A 13-year-old girl at risk of suicide and in the care of Manchester city council has languished in hospital for more than three months due to a lack of suitable placements anywhere in the country.’
The Guardian, 12th October 2022
Source: www.theguardian.com
‘There were 237 applications to deprive children of their liberty in the first two months of the new national deprivation of liberty (DoLs) court, the Nuffield Family Justice Observatory (NFJO) has said.’
Local Government Lawyer, 6th October 2022
Source: www.localgovernmentlawyer.co.uk
‘A Family Division judge has strongly criticised the lack of therapeutic care within a restrictive environment for young people who need this.’
Local Government Lawyer, 7th July 2022
Source: www.localgovernmentlawyer.co.uk
‘The President of the Family Division has confirmed the launch of a National DoLs (Deprivation of Liberty) court on 4 July 2022 that will deal with applications seeking authorisation to deprive children of their liberty.’
Local Government Lawyer, 22nd June 2022
Source: www.localgovernmentlawyer.co.uk
‘It is evident that children who are the subject of applications to the Family Court to authorise a deprivation of liberty, are spending significant periods of time in “suboptimal” placements without the therapeutic support they need to make significant long-term improvements, according to a review of published judgments by the Nuffield Family Justice Observatory (NFJO).’
Local Government Lawyer, 4th April 2022
Source: www.localgovernmentlawyer.co.uk
‘The statutory scheme established by Section 22C of the Children Act 1989 does not allow unregistered placements, but does not expressly prohibit them, and in cases where conditions of imperative necessity require a child to be placed in such a setting, common law steps in and allows the High Court to exercise its inherent jurisdiction to authorise a deprivation of liberty, the Court of Appeal has ruled.’
Local Government Lawyer, 13th December 2021
Source: www.localgovernmentlawyer.co.uk
‘It remains open to the High Court to authorise, under its inherent jurisdiction, the deprivation of liberty of a child under the age of 16 where the placement in which the restrictions that are the subject of that authorisation will be applied is prohibited by the terms of the amended statutory scheme introduced by the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021, a High Court judge has ruled.’
Local Government Lawyer, 13th September 2021
Source: www.localgovernmentlawyer.co.uk
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