‘Alex Ruck Keene KC (Hon) examines a recent High Court case concerning the Mental Health Act, “detainability,” and judicial scrutiny (and the real underlying problems of children with complex needs).’
Local Government Lawyer, 13th December 2024
Source: www.localgovernmentlawyer.co.uk
‘The children’s commissioner for England has called for an urgent review of the use of restraint and “calming rooms” after leaked CCTV footage showed autistic children being pushed into a padded space where they were left distressed, self-harming and sitting in vomit.’
The Guardian, 27th November 2024
Source: www.theguardian.com
‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’
UK Human Rights Blog, 22nd November 2024
Source: ukhumanrightsblog.com
‘Holly Tibbits examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.’
Local Government Lawyer, 20th November 2024
Source: www.localgovernmentlawyer.co.uk
‘A coroner has said “facilities were simply not available in the community” to prevent the death of a man with severe mental health conditions who had been “in crisis for several months”.’
BBC News, 28th October 2024
Source: www.bbc.co.uk
‘Legal regulators have been urged to develop a ‘disability-friendly’ quality mark for law firms, who in turn should hand out ‘easy read’ client information for those with learning disabilities.’
Legal Futures, 19th September 2024
Source: www.legalfutures.co.uk
‘A man with learning disabilities who says he felt under pressure to confess to murder says he has not “had a life” for the last 33 years.’
BBC News, 11th September 2024
Source: www.bbc.co.uk
‘Communication difficulties are a core characteristic for people with a learning disability. A new four-part practice guide aims to enable decision-making by children and young people with speech, language and communication needs (SLCN).
The practice guide offers guidance, tips and practice pointers for practitioners to involve a child or young person with SLCN in making decisions about their lives. The primary focus is to ensure the voices of children and young people with SLCN are heard.’
Family Law, 8th July 2024
Source: www.familylaw.co.uk
‘A council should have done more to prevent the closure of a care home for people with learning disabilities, an investigation has found.’
BBC News, 8th July 2024
Source: www.bbc.co.uk
‘When is it in the best interests of an adult without capacity to be separated from her mother and covertly administered medication? A recent decision at the Court of Protection provides some guidance.’
Legal Futures, 5th July 2024
Source: www.localgovernmentlawyer.co.uk
‘AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning disability, and visual and hearing impairments. At heart, it was a dispute between his mother, who had (in her own words) brought him in a “very alternative way”, and the local authority responsible for his care and placement in a supported living placement. His mother, who described how she had moved away from South Yorkshire some years previously, having experienced harassment, wished him to move to south west England to live with her; Sheffield City Council resisted this.’
Mental Capacity Law and Policy, 20th June 2024
‘A study by the Nuffield Family Justice Observatory (NFJO) has found that 34% of parents who are at risk of having their babies removed from their care have learning disabilities or difficulties, which are often not identified until court.’
Local Government Lawyer, 13th June 2024
Source: www.localgovernmentlawyer.co.uk
‘Two “sadistic” women who murdered a man with learning disabilities in an attack in which they falsely accused him of being a paedophile have been given life sentences.’
The Guardian, 5th June 2024
Source: www.theguardian.com
‘Staff dedicated to helping neurodivergent offenders are now in place in all public prisons in England and Wales.’
Ministry of Justice, 16th May 2024
Source: www.gov.uk
‘Re ZZ (Capacity) [2024] EWCOP 21 is an example of a relatively species of case, namely a successful appeal in relation to capacity. At first instance, HHJ Burrows had found that ZZ had capacity make decisions about residence, sexual relations and marriage. The local authority appealed his conclusions, the appeal being opposed by ZZ through his litigation friend the Official Solicitor.’
Mental Capacity Law and Policy, 22nd April 2024
‘The Court of Protection has allowed an unnamed local authority’s appeal against a court decision that a 20-year-old man, ZZ, has capacity to make decisions about residence, engage in sexual relations and marriage.’
Local Government Lawyer, 18th April 2024
Source: www.localgovernmentlawyer.co.uk
‘The High Court has rejected a judicial review challenge brought on behalf of a 12-year-old boy with special educational needs to one of the 22 consultation questions contained in the SEND Review, the Government’s consultation Green Paper.’
Local Government Lawyer, 26th March 2024
Source: www.localgovernmentlawyer.co.uk
‘Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.’
Local Government Lawyer, 15th March 2024
Source: www.localgovernmentlawyer.co.uk
‘Louise Thomson analyses a judgment containing valuable guidance on the use of intermediaries in the Family Court.’
Local Government Lawyer, 16th February 2024
Source: www.localgovernmentlawyer.co.uk
‘Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom the court had previously found to lack capacity in to make decisions about residence, care and contact, but to have capacity to make decisions about engaging in sexual relations, in face of strenuous arguments to the contrary from the local authority. Injunctive orders were then made against the woman’s former foster carer, suspected of sexually abusing DY; at a subsequent hearing, the court made a final order that DY had the capacity to make decisions relating to her use of contraception, having accepted a report from DY’s GP.’
Mental Capacity Law and Policy, 11th February 2024
© Inner Temple Library 2024