NHS trust to pay “significant” damages following detention of man with learning disabilities for almost a year – Local Government Lawyer

‘The High Court has approved the settlement of a civil claim brought by a man with learning disabilities and autism, who was detained for a period of 340 days as there was no safe alternative accommodation available.’

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Local Government Lawyer, 27th March 2025

Source: www.localgovernmentlawyer.co.uk

Reasonable accommodation for disabled university students: University of Bristol v Dr Robert Abrahart [2024] EWHC 299 (KB) – Legal Studies

‘Natasha Abrahart was a physics student at the University of Bristol. She was suffering from depression and social anxiety disorder, which seriously impacted her ability to partake in oral assessments. Eventually, Natasha sadly took her own life. Her father, Dr Robert Abrahart, as personal representative and estate administrator, sued the University of Bristol for negligence and breach of sections 15, 19 and 20 of the Equality Act 2010, read with section 91(2)(a) and/or (f) of the same Act. Under such provisions, universities have a duty to provide reasonable adjustments and support, in educational provision and assessments, to disabled students, defined by section 6(1) of the Equality Act 2010 as ‘a physical or mental impairment’ which has ‘a substantial and long-term adverse effect’ on the ability to ‘carry out normal day-to-day activities’. However, Schedule 13, para 4(2), to the Equality Act 2010 exempts those assessments which constitute a competency standard, defined as ‘an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability’.’

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Legal Studies, 7th February 2025

Source: www.cambridge.org

Barristers to quit RASSO work, survey suggests – Law Society’s Gazette

‘The government’s commitment to deliver “swifter justice” for rape victims is in jeopardy after a survey conducted by the Criminal Bar Association revealed that barrister numbers to prosecute rape cases will shrink by nearly one-third.’

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Law Society's Gazette, 24th March 2025

Source: www.lawgazette.co.uk

Romanian rapist extradition attempt fails – BBC News

‘A Romanian rapist wanted in his home country will not be extradited after a judge found it would be “oppressive” to send him back to serve another sentence.’

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BBC News, 25th March 2025

Source: www.bbc.co.uk

UK police to charge more abusers with manslaughter after suicide of partner – The Guardian

‘A senior police chief has unveiled a plan to charge more domestic abusers with manslaughter after their partners take their own lives. It comes after the death of Kiena Dawes, whose partner Ryan Wellings was cleared of manslaughter but convicted of domestic abuse.’

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The Guardian, 25th March 2025

Source: www.theguardian.com

Prisons set to run out of spaces again within a year despite early release scheme, MPs warn – The Independent

‘Overcrowded prisons will face “total gridlock in a matter of months” and run out of space in 2026 despite emergency measures to release prisoners early, MPs have warned.’

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The Independent, 14th March 2025

Source: www.independent.co.uk

No assumption of responsibility after release from police custody: Dobson v Leicestershire Police – 12 KBW

‘In the tragic case of Dobson v Chief Constable of Leicestershire Police [2025] EWHC 272 (KB), HHJ Bird examined whether the police had assumed responsibility for the wellbeing of a person released from custody. The court held that there was no assumption of responsibility, and the claim failed. Alexander Cornelius, pupil barrister at 12KBW, analyses the reasoning and parties’ choice of expert evidence.’

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12 KBW, 5th March 2025

Source: pilawblog.com

Government no longer places girls in Young Offender Institutions – Ministry of Justice

Posted March 5th, 2025 in imprisonment, mental health, news, self-harm, young offenders by sally

‘Ministers have acted immediately to end the practice of placing girls in young offender institutions following recommendations from Susannah Hancock’s independent review into the placement and care of girls in youth custody.’

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Ministry of Justice, 4th March 2025

Source: www.gov.uk

Autistic woman wrongly locked up in mental health hospital for 45 years – BBC News

‘An autistic woman with a learning disability was wrongly locked up in a mental health hospital for 45 years, starting when she was just seven years old, the BBC has learned.’

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BBC News, 4th March 2025

Source: www.bbc.co.uk

Anorexia, the Court of Protection and the changing calculus of decision-making – Mental Capacity Law and Policy

Posted March 3rd, 2025 in consent, Court of Protection, medical treatment, mental health, news by sally

‘When and under what circumstances it is legitimate not to treat those with anorexia is a very contentious topic, and is under particular scrutiny at the moment in the context of the Terminally Ill Adults (End of Life) Bill, with very heated arguments as to whether anorexia does, or does not, fall within the scope of the Bill. In the context of the Bill Committee’s debates, there has been much discussion of whether and under what circumstances the Court of Protection will endorse compulsory feeding.’

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Mental Capacity Law and Policy, 1st March 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Public Law Newsletter – Spire Barristers

‘Public Law Newsletter January 2025; with case updates within the Court of Protection and other Public Law matters.’

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Spire Barristers, 7th January 2025

Source: www.spirebarristers.co.uk

Three-quarters of judges report stress symptoms – Legal Futures

Posted February 26th, 2025 in health, judiciary, mental health, news, statistics by sally

‘Three-quarters of salaried judges and two-thirds of fee-paid judges report symptoms of stress, while a third of circuit judges are under “high or extreme stress”, the latest Judicial Attitude Survey has found.’

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Legal Futures, 26th February 2025

Source: www.legalfutures.co.uk

Council to pay family £6k for education failures – BBC News

‘A council has been told to pay a family more than £6,000 after failing to provide alternative education to a pupil who struggled to attend classes.’

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BBC News, 25th February 2025

Source: www.bbc.co.uk

UK government may have breached young soldier’s right to life, coroner concludes – The Guardian

‘The UK government may have breached a young soldier’s right to life by failing to protect her from a sexual assault by a more senior colleague and from sustained unwelcome sexual attention from her line manager, a coroner has concluded.’

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The Guardian, 20th February 2025

Source: www.theguardian.com

Prison accused of lack of candour in probe into three self-inflicted deaths in 19 days – including ex Dreamboys boss – The Independent

‘A coroner has accused prison bosses of “failing to act with candour” as she investigated three self-inflicted deaths in just 19 days at a scandal-hit prison, including that of the former head of the Dreamboys stripper group.’

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The Independent, 14th February 2025

Source: www.independent.co.uk

Bed blocking, possession orders and discharge planning – Local Government Lawyer

Posted February 14th, 2025 in autism, health, hospitals, local government, mental health, news, repossession by sally

‘The recent case of Northampton General Hospital NHS Trust v Mercer [2024] EWHC 2515 spotlights the pressing issue of “bed-blocking” in NHS hospitals. In May 2024, over 12,000 patients in England were in hospital who no longer needed to be there, yet remained in hospital, often due to care planning delays. The Judge in this case, HHJ Tindal, gave legal and practical guidance in the form of a checklist for hospitals seeking possession in relation to patients whose refusal to leave hospital is not thought to be affected by mental health or mental capacity issues.’

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Local Government Lawyer, 14th February 2025

Source: www.localgovernmentlawyer.co.uk

Senior Court of Protection judge approves adapted checklist for assessing capacity after case highlights different approaches between social workers and clinicians – Local Government Lawyer

‘The Vice President of the Court of Protection has allowed an appeal against final declarations regarding the residence and care of a vulnerable man, observing an “evidential divide” on capacity between the clinicians and social workers.’

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Local Government Lawyer, 14th February 2025

Source: www.localgovernmentlawyer.co.uk

Judge-led inquiry into Nottingham attacks coming in ‘weeks’, Starmer announces – The Independent

‘The prime minister has told the families of those killed in the Nottingham attacks that a judge-led public inquiry will take place in “a matter of weeks”.’

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The Independent, 13th February 2025

Source: www.independent.co.uk

Capacity, insight and professional cultures – an important new decision from the Court of Protection – Mental Capacity Law and Policy

Posted February 13th, 2025 in consent, Court of Protection, disabled persons, mental health, news by sally

‘CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3) is in many ways the companion piece to Re Thirumalesh (Dec’d) [2024] EWCA Civ 896). In the latter case, the Court of Appeal made clear that the fact that a person appeared not to believe information that they were being told could not be used as a shortcut to reach the conclusion that they lacked capacity to make the relevant decision.’

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Mental Capacity Law and Policy, 13th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

UN torture tsar attacks UK over ‘inhumane’ indefinite jail terms – The Independent

‘A United Nations torture tsar has said British prisoners trapped on indefinite jail terms are probably “being detained arbitrarily” after The Independent revealed six in 10 are being blocked from moving to open jails.’

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The Independent, 8th February 2025

Source: www.independent.co.uk