Squaring the circle – Local Government Lawyer

Posted May 19th, 2023 in care homes, children, detention, local government, news, social services by tracey

‘What steps can a local authority take to ensure a lawful deprivation of liberty in an unregistered children’s home in England for children under 16? Hannah Taylor and Ruth Atkinson-Wilks explain.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

New research examines the reasons behind Deprivation of Liberty applications and the complex needs of the children involved – Family Law

Posted May 15th, 2023 in children, detention, families, family courts, news by tracey

‘In recent years there has been a marked increase in the use of the inherent jurisdiction of the family court to deprive children of their liberty. In these cases, restrictions are placed on a child’s liberty beyond what would normally be expected for a child of the same age. This may include them being kept in a locked environment that they are not free to leave, being kept under continuous supervision, and being subject to restraint or medical treatment without consent. In response, the President of the Family Division launched a national Deprivation of Liberty (DoL) court at the Royal Courts of Justice, which is running for a pilot period of 12 months from July 2022.’

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Family Law, 12th May 2023

Source: www.familylaw.co.uk

Conditions at Cookham Wood young offender unit deemed a scandal – BBC News

Posted April 28th, 2023 in children, detention, news, prisons, young offenders by tracey

‘An urgent notice for action has been issued to the justice secretary after conditions at a young offender institution were deemed “a scandal”.’

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BBC News, 28th April 2023

Source: www.bbc.co.uk

Ministers say UK will only detain child refugees in ‘exceptional circumstances’ – The Guardian

‘Ministers have pledged to only detain refugee children in “exceptional circumstances” under a new asylum bill after threats of a rebellion from backbench Conservative MPs.’

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The Guardian, 24th April 2023

Source: www.theguardian.com

UK deportation centre used force 18 times to stop self-harm last year, figures show – The Guardian

Posted April 20th, 2023 in asylum, detention, news, self-harm, suicide by sally

‘Asylum seekers awaiting deportation at a detention centre were physically prevented from taking their own lives or self-harming on 18 occasions last year, detailed official accounts show.’

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The Guardian, 19th April 2023

Source: www.theguardian.com

Supreme Court to hear next week dispute over ‘ordinary residence’ and s117 aftercare services – Local Government Lawyer

‘The Supreme Court will next week (27 April) hear a high-profile case over the responsibility of local authorities for the aftercare of a service-user who had been detained under the Mental Health Act 1983.’

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Local Government Lawyer, 17th April 2023

Source: www.localgovernmentlawyer.co.uk

Secure Accommodation Order applications do not need a Circuit Judge – Becket Chambers

‘This article will set out the law in relation to the judicial allocation for applications under s.25 of the Children Act 1989.’

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Becket Chambers, 2nd March 2023

Source: becket-chambers.co.uk

Lone children as young as 14 detained at Manston asylum seeker centre – The Guardian

Posted February 20th, 2023 in asylum, children, detention, government departments, immigration, news by tracey

‘Lone children as young as 14 have been detained at the Manston asylum seeker processing centre in Kent, a freedom of information request has revealed. According to the immigration rules, children should not be detained in short-term holding facilities such as Manston, apart from in exceptional circumstances, and holding them for more than 24 hours is unlawful.’

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The Guardian, 19th February 2023

Source: www.theguardian.com

Mobile phones and deprivations of liberty – Local Government Lawyer

‘Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question confronting a High Court judge recently. Whilst his analysis concerned the position of a 16 year old, his conclusions apply equally to adults, writes Alex Ruck Keene KC (Hon).’

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Local Government Lawyer, 31st January 2023

Source: www.localgovernmentlawyer.co.uk

Mental health racial bias in England and Wales is ‘inexcusable’, says report – The Guardian

Posted January 19th, 2023 in bills, detention, medical treatment, mental health, minorities, news by tracey

‘Ministers must use legislation to address an “unacceptable and inexcusable” failure to address racial disparity in the use of the Mental Health Act, MPs and peers have said.’

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The Guardian, 19th January 2023

Source: www.theguardian.com

Home Office accused of failing vulnerable groups in detention centres – watchdog – The Independent

Posted January 13th, 2023 in asylum, detention, government departments, immigration, news, refugees, torture, victims by tracey

‘A watchdog says a belief among some Home Office staff that migrants are trying to abuse the system is causing “shortcomings” in the care of vulnerable groups in immigration removal centres. The Independent Chief Inspector of Borders and Immigration’s (ICIBI) report focuses on the Home Office’s Rule 35 process, calling it “ineffective”.’

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The Independent, 12th January 2023

Source: www.independent.co.uk

Calls for public inquiry into abuses at Manston asylum centre in Kent – The Guardian

Posted January 5th, 2023 in assault, asylum, detention, inquiries, news by sally

‘Lawyers and human rights campaigners are calling for a public inquiry into abuse and other mistreatment at Manston, the controversial Kent processing centre for small boat arrivals, after it emerged that police were investigating allegations of assault.’

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The Guardian, 4th January 2023

Source: www.theguardian.com

Man with history of sex offending has capacity to make decisions in relation to care and support arrangements, Court of Protection judge rules – Local Government Lawyer

‘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.’

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Local Government Lawyer, 19th December 2022

Source: www.localgovernmentlawyer.co.uk

NHS trust apologises as man kept in hospital for more than a year – BBC News

Posted December 20th, 2022 in detention, hospitals, local government, mental health, news by sally

‘A man with physical and mental health problems is “living” in a hospital despite being fit to leave, a court has heard.’

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BBC News, 19th December 2022

Source: www.bbc.co.uk

Sex offender who poses risk is able to make own decisions about care – judge – The Independent

‘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.’

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The Independent, 14th December 2022

Source: www.independent.co.uk

What Is The Mental Health Bill? – Each Other

Posted December 6th, 2022 in bills, detention, mental health, minorities, news, select committees by sally

‘The government is publishing a draft Mental Health Bill for pre-legislative scrutiny, to modernise the Mental Health Act (MHA) for the 21st century. While the draft Bill has been welcomed by many, there must be more detail and direction on how the new legislation will be implemented at ground level.’

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Each Other, 6th December 2022

Source: eachother.org.uk

MoJ requests urgent use of 400 police cells for male prisoners – The Guardian

Posted December 1st, 2022 in criminal justice, detention, Ministry of Justice, news, police, prisons by sally

‘Dominic Raab has been accused of presiding over a “foolish and unrealistic” prisons policy after his department was forced to request the emergency use of 400 police cells for inmates for the first time in 14 years.’

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The Guardian, 30th November 2022

Source: www.theguardian.com

Child asylum seekers detained as adults after UK Home Office ‘alters birth dates’ – The Guardian

‘The Home Office is routinely changing the dates of birth of unaccompanied child asylum seekers to classify them as adults, according to experts who say the practice is now happening on a “horrifying scale”.’

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The Guardian, 27th November 2022

Source: www.theguardian.com

The UK asylum backlog and increased use of immigration detention are negatively impacting children’s welfare – EIN Blog

‘Children and their parents make up a significant part of the population seeking asylum in the UK, but this receives limited attention in public discourse. Ilona Pinter draws on the UK government’s data, alongside additional research, to explore how children and families are being affected by the growing asylum backlog and the increasing use of immigration detention.’

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EIN Blog, 22nd November 2022

Source: www.ein.org.uk

Mental health patients held ‘unlawfully’ in A&Es across the country, experts warn – The Independent

Posted November 8th, 2022 in detention, hospitals, mental health, news, time limits by sally

‘Mental health patients are being held “unlawfully” in A&Es across the country as long waits for care and beds force staff into “fudging” the law, The Independent has been told.’

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The Independent, 8th November 2022

Source: www.independent.co.uk