Father who killed newborn son gets hospital order – BBC News
‘A man who killed his three-week-old baby while suffering from the onset of a severe psychotic illness has been given a hospital order.’
BBC News, 16th December 2024
Source: www.bbc.co.uk
Category: mental health
Court of Protection Update – December 2024 – Local Government Lawyer
‘Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.’
Local Government Lawyer, 13th December 2024
Source: www.localgovernmentlawyer.co.uk
Providing support for children with complex needs – Local Government Lawyer
‘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
Mental health trust could lose its licence – BBC News
‘NHS England says the mental health trust that treated the killer who carried out the Nottingham attacks must attend monthly progress meetings to discuss improvements or face losing its licence.’
BBC News, 10th December 2024
Source: www.bbc.co.uk
Are anonymity orders involving protected parties in peril? – 7BR
‘The very detailed judgment citing the extensive caselaw in this area in the case of PMC (a child by his mother and litigation friend FLR) v A Local Health Board on 22nd November 2024 [2024] EWHC 2969 (KB) could have very important implications for what solicitors should do when issuing proceedings and particularly those proceedings involving protected parties.’
7BR, 29th November 2024
Source: www.7br.co.uk
Judge rejects application by local authority for declaration in dispute between council and health board over responsibility for care of 15 year old – Local Government Lawyer
‘A High Court judge has rejected a local authority’s application for a declaration from the court that because a vulnerable young person was detainable under the provisions of the Mental Health Act 1983, the court did not have jurisdiction to grant a Deprivation of Liberty (DoL) order pursuant to the inherent jurisdiction.’
Local Government Lawyer, 25th November 2024
Source: www.localgovernmentlawyer.co.uk
Widow of gambling addict lambasts watchdog’s failure to investigate suicides – The Guardian
‘The widow of a man who took his own life after becoming addicted to gambling says more people will die because the regulator is refusing to investigate suicides linked to the addiction.’
The Guardian, 21st November 2024
Source: www.theguardian.com
An update on the law of infanticide: a review of cases over the past 20 years by the Cambridge Pro-Bono Project – Doughty Street Chambers
‘Under Section 1(1) of the Infanticide Act 1938 a woman may be charged with infanticide or raise it as a defence to murder under Section 1(2). It is a significant piece of legislation that can only be committed by a woman against her biological child which must be under 12 months old, and arises in circumstances where she is accused of causing the death of the infant by wilful act or omission at a time when the “the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child.”’
Doughty Street Chambers, 11th October 2024
Source: insights.doughtystreet.co.uk
Children case law update: November 2024 – Local Government Lawyer
‘Sarah Hutchinson summarises recent Family Division rulings on an application by a father for a boy subject to a care order to be circumcised, and an application by an NHS for permission for NG feeding and restraint in respect of a 12-year old girl with anorexia nervosa.’
Local Government Lawyer, 20th November 2024
Source: www.localgovernmentlawyer.co.uk
Capacity and civil proceedings – Local Government Lawyer
‘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
Man detained under Mental Health Act after two fatal stabbings in Manchester – The Guardian
‘A man in his 20s has been arrested on suspicion of a double murder after two men were fatally stabbed in Manchester. The 23-year-old suspect has been detained under the Mental Health Act after being assessed by medical professionals, Greater Manchester Police said on Sunday evening.’
The Guardian, 17th November 2024
Source: www.theguardian.com
Mental Capacity Report – November 2024 – 39 Essex Chambers
‘Mental Capacity Report – November 2024’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
Health, Welfare and Deprivation of Liberty Report – November 2024 – 39 Essex Chambers
‘In the Health, Welfare and Deprivation of Liberty Report: anticipatory declarations; systemic failure in considering PDOC patients, and the CQC and DoLS.’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
Mental Health Matters Report – November 2024 – 39 Essex Chambers
‘In the Mental Health Matters Report: the Mental Health Bill is introduced.’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
Coercion, control and powers of attorney – a dilemma for the court – Mental Capacity Law and Policy
‘Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which is very helpfully summarised in the case title. In headline terms, it involved the court having to decide what to do, and how to do it, to secure the interests of CA, a 79 year old woman with dementia. Her daughter, DA, held lasting powers of attorney in respect of her mother’s property and affairs and health and welfare.’
Mental Capacity Law and Policy, 13th November 2024
Mental capacity and clinical negligence – Recent developments, practical issues and traps for the unwary – Exchange Chambers
‘With the blessing (or occasional curse) of a slightly unusual practice, litigating a mix of neurologically orientated trauma and clinical negligence claims whilst maintaining a complimentary practice in the Court of Protection, I have encountered lots of odd, interesting and unexpected mental capacity issues. Professional experience and reported cases suggest that identifying and successfully managing such issues can present particular challenges for the clinical negligence practitioner. This article is intended to signpost some of those issues, and provide an aid memoir and practical guide for when you next encounter one.’
Exchange Chambers, 9th October 2024
Source: www.exchangechambers.co.uk
Only one in 10 sexual assault survivors in England and Wales would report crime again, survey shows – The Guardian
‘Rape victims in England and Wales have echoed the message of Gisèle Pelicot in France that “shame belongs to perpetrators, not them”, in the largest ever survey of rape and sexual assault survivors, according to the government’s key adviser on the crime.’
The Guardian, 12th November 2024
Source: www.theguardian.com
Man freed after appealing against riots sentence – BBC News
‘An 18-year-old man jailed for smashing a restaurant window during the summer riots is to be freed after successfully appealing against his sentence.’
BBC News, 7th November 2024
Source: www.bbc.co.uk
Bill to ban police cell mental health detentions – BBC News
‘Police will no longer be able to hold people who are being detained for mental health reasons in police cells, under government plans for England and Wales.’
BBC News, 6th November 2024
Source: www.bbc.co.uk
Coroner says lack of beds putting patients at risk – BBC News
‘A coroner has said action could have been taken to prevent the death of a 76-year-old man from Norfolk.’
BBC News, 5th November 2024
Source: www.bbc.co.uk
