‘Care homes and hospitals are applying for hundreds more elderly people to be locked inside, new data shows.’
Daily Telegraph, 29th March 2019
Source: www.telegraph.co.uk
‘In two judgments (Re A and Re B) Cobb J has confirmed that capacity to make decisions about internet and social media use do not form a “subset” of of a person’s ability to make decisions about care or contact. Capacity to use the internet and social media are “inextricably linked; the internet is the communication platform on which social media operates. For present purposes, it does not make sense in my judgment to treat them as different things. It would, in my judgment, be impractical and unnecessary to assess capacity separately in relation to using the internet for social communications as to using it for entertainment, education, relaxation, and/or for gathering information.”‘
Doughty Street Chambers, 26th February 2019
Source: insights.doughtystreet.co.uk
‘Court of Protection judges should not summarily dismiss cases where someone’s liberty is at stake, Mr Justice Hayden, Vice President of the court, has said.’
Local Government Lawyer, 14th March 2019
Source: www.localgovernmentlawyer.co.uk
‘Twenty years on from Bournewood, the case that prompted the introduction of DoLS, and as the Mental Capacity Amendment Bill tolls the death knell for DoLS and introduces as their replacement Liberty Protection Safeguards, the High Court (HHJ Coe sitting as a Deputy High Court Judge) has given a sharp reminder of the human and financial cost of what happens when a hospital fails properly to discharge its obligations under the Mental Capacity Act and as a result, falsely imprisons (in a hospital) a patient.’
UK Human Rights Blog, 5th February 2019
Source: ukhumanrightsblog.com
‘This appeal considered whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be ‘implied’ and whether the framework for Community Treatment Orders provides practical and effective protection for patients’ rights under the ECHR rights. It also considered what the scope is of a tribunal’s power to take into account ECHR rights.’
UKSC Blog, 17th December 2018
Source: ukscblog.com
‘There is no power for a responsible clinician to impose conditions in a community treatment order (CTO) which have the effect of depriving a patient of his liberty, the Supreme Court has ruled.’
Local Government Lawyer, 17th December 2018
Source: www.localgovernmentlawyer.co.uk
‘The Mental Capacity (Amendment) Bill requires further changes to protect the human rights of vulnerable people, MPs and peers have warned.’
Local Government Lawyer, 31st October 2018
Source: www.localgovernmentlawyer.co.uk
‘Amendments to mental health legislation aim to correct some of the current system’s obvious failings. Ben Troke, solicitor at Browne Jacobson LLP, discusses the Mental Capacity (Amendment) Bill, which introduces new law to protect the rights of people who do not have the mental capacity to make decisions about their care, and replaces the much-criticised deprivation of liberty safeguards (DoLS).’
Family Law, 9th August 2018
Source: www.familylaw.co.uk
‘Michael Jones, barrister, Deans Court Chambers, Manchester, considers the use of the court’s inherent jurisdiction in some deprivation of children’s liberty cases and calls for urgent reform.’
Family Law Week, 7th August 2018
Source: www.familylawweek.co.uk
‘Thousands of vulnerable people with dementia and learning disabilities will be given better protection by a new law announced today by the Government. The new Mental Capacity (Amendment) Bill, based on Law Commission recommendations, brings in extra protections for those who lack the mental capacity to make decisions about their care.’
Law Commission, 3rd July 2018
Source: www.lawcom.gov.uk
‘Local Government analysis: On 14 March 2018, the Government’s final response to the Law Commission review of the law on deprivation of liberty was published, which broadly agrees with most of the proposals, and more significantly, agrees to replace the current Deprivation of Liberty Safeguards (DoLS) system. Ben Troke, partner at Browne Jacobson LLP, discusses the Government’s proposals and assesses whether they go far enough, as well as the likely timescales involved in implementing them.’
Family Law, 23rd April 2018
Source: www.familylaw.co.uk
‘The government has said this month that it broadly agrees with the Liberty Protection Safeguards model proposed by the Law Commission to replace the Deprivation of Liberty Safeguards.’
Local Government Lawyer, 21st March 2018
Source: www.localgovernmentlawyer.co.uk
‘In Re A-F (Children) (Care Orders: Restrictions on Liberty) [2018] EWHC 138 (Fam) the court gave guidance on when Art 5 of the European Convention on Human Rights (ECHR) is engaged in relation to a child in the care of the local authority, and the procedures necessary to ensure the deprivation of liberty is lawful.’
Family Law, 13th March 2018
Source: www.familylaw.co.uk
‘This is the appeal from the decision of Keehan J in Birmingham CC v D [2016] EWCOP 8.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘The Government has launched a new consultation looking at the regulation of health care professionals, based on recommendations from a 2014 report by the UK Law Commissions.’
Law Commission, 1st November 2017
Source: www.lawcom.gov.uk/
‘Thousands of vulnerable people with dementia and learning disabilities are being detained in hospitals and care homes without the appropriate checks, due to a law unfit for purpose according to the Law Commission.’
Halsbury’s Law Exchange, 13th March 2017
Source: www.halsburyslawexchange.co.uk
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