‘There were 1,655 applications relating to deprivation of liberty under the Mental Capacity Act made in the most recent quarter (July to September 2023), an increase of less than 1% on the number made in the same quarter in 2022, government data has revealed.’
Local Government Lawyer, 4th January 2024
Source: www.localgovernmentlawyer.co.uk
‘The UK government has agreed to pay £31,500 compensation after accepting that a 15-year-old boy with serious mental health problems was subjected to “inhuman or degrading treatment” by being kept in solitary confinement for almost two months.’
The Guardian, 18th December 2023
Source: www.theguardian.com
‘Alex Ruck Keene KC (Hon) analyses a recent High Court ruling on whether a 15-year-old should continue to be deprived of her liberty in a hospital.’
Local Government Lawyer, 8th December 2023
Source: www.localgovernmentlawyer.co.uk
‘The Upper Tribunal has allowed an appeal on all three grounds against a decision by the First Tier Tribunal to refuse an application for an adjournment to obtain evidence regarding aftercare.’
Local Government Lawyer, 27th November 2023
Source: www.localgovernmentlawyer.co.uk
‘In the immigration rules (352ZD) the definition of an Unaccompanied Asylum-Seeking Child (“UASC”) is broad and aimed at child protection. It expressly includes children who lodged their claim whilst they were under 18 (even if they have since turned 18); their age is set in time at point of entry. This is no longer the case under section 4 IMA. On 5 July 2023, the government published a children’s rights impact assessment of the IMA, finding that it would “protect children from the risk of death, trafficking.” The Children’s Commissioner responded: “I am far from convinced that is the case. Indeed, I am concerned that the threat to a child of deportation at 18 will be a gift to traffickers, as children will feel less able to seek help from professionals and instead go missing into the hands of exploiters.”’
Garden Court Chambers, 2nd October 2023
Source: www.gardencourtchambers.co.uk
‘Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme for people with a learning disability and autistic people in inpatient settings. In fact the final report was completed in July 2023, but was not published until 8 November 2023, alongside the Government’s responses.’
Mental Capacity Law and Policy, 9th November 2023
‘Autistic children and those with a learning disability should never be subjected to long-term segregation in hospital – and its use should be “severely curtailed” for adults, a review has recommended.’
The Independent, 8th November 2023
Source: www.independent.co.uk
‘The death of 39-year-old Frank Ospina, a Colombian man in immigration detention in the UK, shocked his family. Ospina was awaiting deportation, and his mental health appeared to deteriorate rapidly. He is thought to have taken his own life in March 2023.’
EIN Blog, 16th October 2023
Source: www.ein.org.uk
‘The BHI Inquiry has exposed the inexcusable and unconscionable dehumanising abuse of vulnerable people held in immigration detention by the Home Office. The Inquiry has found the safeguarding system in detention to be “dysfunctional”, resulting in a failure to protect detained people as intended. Vulnerable people were exposed to the risk of mistreatment and were subjected to actual harm; there were 19 incidents of credible breaches of Article 3 of the ECHR, which prohibits torture, inhuman and degrading treatment within a 5 month period.’
Garden Court Chambers, 19th September 2023
Source: www.gardencourtchambers.co.uk
‘A 15-year-old boy has been sentenced to 14 months detention after stabbing a teacher in a school corridor.’
BBC News, 28th September 2023
Source: www.bbc.co.uk
‘Report on immigration removal centre details “crushing” abuse and excessive use of force that has left detainees with PTSD.’
The Guardian, 19th September 2023
Source: www.theguardian.com
‘High Court has handed down its first decision on an application brought under s.38 of the Sanctions, Anti-Money Laundering Act 2018 (“SAMLA”) in respect of the Russia (Sanctions) (EU Exit) Regulations 2019 (“Russia Sanctions Regulations”).’
Blackstone Chambers, 21st July 2023
Source: www.blackstonechambers.com
‘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.’
Doughty Street Chambers, 7th July 2023
Source: insights.doughtystreet.co.uk
‘The Foreign Office failed to notice signs of torture and provide help to a British academic during his detention in the United Arab Emirates, a watchdog has found.’
The Independent, 4th August 2023
Source: www.independent.co.uk
‘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
‘The House of Lords has rejected an attempt by the government to extend the amount of time children can be detained in its migration bill.’
BBC News, 13th July 2023
Source: www.bbc.co.uk
‘The Court of Appeal has ruled against the UK government’s plan to send asylum seekers to Rwanda, adding a significant legal hurdle to the prime minister Rishi Sunak’s promise to “stop the boats”.’
EIN Blog, 4th July 2023
Source: www.ein.org.uk
‘The House of Lords has voted against government plans to weaken detention limits for children and pregnant women in its migration bill.’
BBC News, 3rd July 2023
Source: www.bbc.co.uk
‘In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that:
the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be questioned about their NHS debts, was unlawful;
the policy pursuant to which the claimants were detained (the “Policy”) was unlawful because it contained a positive statement of law which was wrong or, alternatively, because it failed to provide a full account of the legal position;
the Policy was unlawful because it was unpublished; and
the Secretary of State for the Home Department (“SSHD”) was in breach of the public sector equality duty (“PSED”) under s.149 of the Equality Act 2010.
In reality, the facts carried the day. This was true not only in relation to the unlawful detention issue, but also on some other points – for example, the SSHD failed to evidence any public interest in not publishing the Policy or any consideration given to the equality impacts of the exercise of the relevant powers of detention. Insofar as there are lessons to be learned, they are likely to be found in the criticisms levelled at the evidence (or lack thereof) provided by the SSHD.’
UK Human Rights Blog, 29th June 2023
Source: ukhumanrightsblog.com
‘The illegal migration bill passed through the House of Commons earlier this year, but is being fiercely contested in the House of Lords. The bill is currently at the committee stage which allows the members to scrutinise the text and make amendments.’
EIN Blog, 12th June 2023
Source: www.ein.org.uk
© Inner Temple Library 2024