‘A judge recently considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. She also helpfully clarified the current (limited) scope of s.4B MCA 2005, writes Alex Ruck Keene.’
Local Government Lawyer, 19th February 2021
Source: www.localgovernmentlawyer.co.uk
‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’
Spire Barristers, 10th February 2021
Source: spirebarristers.co.uk
‘Reforms to the Mental Health Act will help tackle the disproportionate number of black people sectioned, the government has announced.’
The Guardian, 13th January 2021
Source: www.theguardian.com
‘Confidential evidence meant a vulnerable woman’s maternal aunt should not be joined to proceedings about her welfare, the Court of Protection has ruled.’
Local Government Lawyer, 17th December 2020
Source: www.localgovernmentlawyer.co.uk
‘A mother was entitled to bring a lawyer to support her at a mediation of her dispute with Hillingdon Council about her son’s Education, Health and Care Plan and the local authority was in breach of its statutory duties by refusing to participate, a High Court judge has ruled.’
Local Government Lawyer, 7th December 2020
Source: www.localgovernmentlawyer.co.uk
‘Parents or guardians of children who lack mental capacity can ask for court fees to be waived when seeking access to a Child Trust Fund, the government has announced today (1 December, 2020).’
Ministry of Justice, 1st December 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Every 15 minutes, on average, a patient with learning disabilities was restrained in hospital last year, new BBC File on 4 analysis shows.’
BBC News, 10th November 2020
Source: www.bbc.co.uk
‘Concerns are growing that a service to help people follow court proceedings in England and Wales is to be privatised and deregulated.’
The Guardian, 28th October 2020
Source: www.theguardian.com
‘A Care Quality Commission review has found “undignified and inhumane” care in some hospital settings providing complex care for autistic people, and people with a learning disability and/or mental health condition.’
Local Government Lawyer, 26th October 2020
Source: www.localgovernmentlawyer.co.uk
‘Too many hospitals for people with learning disabilities or autism are providing poor care which is, at times, undignified and inhumane, the care regulator for England has said.’
BBC News, 23rd October 2020
Source: www.bbc.co.uk
‘The Sentencing Council’s guideline for sentencing offenders with mental disorders, developmental disorders, or neurological impairments came into force on 1 October 2020. The guideline applies only to offenders aged 18 and older, who are sentenced on or after 1 October 2020, regardless of the date of the offence. The applicable guideline for offenders under the age of 18 remains the Sentencing Children and Young People guideline, particularly section 11.1 to 1.14.’
St Philips Barristers, 7th October 2020
Source: st-philips.com
‘Brown, 21, is a severely autistic Jamaican-born UK resident who is currently in prison a two-and-a-half-hour drive from his mother’s home in Dudley. He is nearing the end of a five-year prison sentence, and faces removal to a country he hasn’t set foot in since he came to the UK aged four.’
The Independent, 5th October 2020
Source: www.independent.co.uk
‘The level of educational achievement by incarcerated offenders in the UK is far lower than the average. In addition, 40-50% of prisoners assessed in John Rack’s research for the Dyslexia Institute (2005) were at or below levels of literacy and numeracy expected of an 11-year old. In 2007, the Prison Reform Trust reported that prison populations who showed serious deficits in literacy and numeracy reached up to 60% with a 30% dyslexia rate. This literacy problem extends to oral speech. People in the Criminal Justice System are ten times more likely to have a Speech and Communication Difficulty than members of the public. Research shows that 60% of young male offenders have a communication deficit as opposed to 3-10% of the general population (Available evidence for young female and adult offenders shows similarly high levels of speech-difficulties.) In the UK, low socio-economic status (SES), speech difficulty and school exclusions are co-morbid factors for offending. Having a speech difficulty also makes it near impossible for anyone with significant communication difficulties to navigate a legal system built upon excessive jargon without help. The criminal justice system must make structural interventions to protect the rights of persons with Speech and Communication Difficulty.’
Oxford Human Rights Hub, 17th September 2020
Source: ohrh.law.ox.ac.uk
‘Police officers detained and interviewed hundreds of thousands of vulnerable suspects last year in England and Wales in breach of mandatory safeguards, according to the body that sets standards for those who support vulnerable adults in police custody.’
The Guardian, 28th September 2020
Source: www.theguardian.com
‘This case concerned a young woman, K, who was assessed to lack capacity. K was diagnosed with cancer. The proposed treatment was “complex”, “intrusive” and was described as a “life-altering complexion”.’
Pump Court Chambers, 6th August 2020
Source: www.pumpcourtchambers.com
‘A British victim of trafficking is bringing a case against the home secretary, Priti Patel, arguing that her department unlawfully accessed personal information including details of her intimate thoughts.’
The Guardian, 30th July 2020
Source: www.theguardian.com
‘The London Borough of Southwark has lost a High Court case over a disabled young woman’s care plan after a judge found aspects of the council’s case to be materially flawed or erroneous.’
Local Government Lawyer, 30th July 2020
Source: www.localgovernmentlawyer.co.uk
‘Clearer guidelines have been published for courts sentencing offenders who have schizophrenia, depression or other mental disorders.’
The Guardian, 22nd July 2020
Source: www.theguardian.com
‘A group of parents of children with special educational needs or disabilities has been granted permission to take the London Borough of Waltham Forest to judicial review over spending cuts.’
Local Government Lawyer, 9th July 2020
Source: www.localgovernmentlawyer.co.uk
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