mental health – Page 32 – Current Awareness

R (Carole Smith) v HM Assistant Coroner for North West Wales: Causation, admitted failings and what to record in the Record of Inquest – Parklane Plowden

Posted April 24th, 2020 in causation, chambers articles, coroners, hospitals, inquests, judicial review, mental health, news, suicide by sally

‘On 7 April 2020, judgment was handed down in R (Carole Smith) v HM Coroner for North West Wales [2020] EWHC 781 (Admin). The case has important repercussions as to the relevance of admitted failures to Coroners’ conclusions and the extent of what should be recorded in the Record of Inquest (‘ROI’).’

Parklane Plowden, 21st April 2020

Source: www.parklaneplowden.co.uk

Mental Health Law Update – Devon Chambers

Posted April 20th, 2020 in appeals, chambers articles, detention, mental health, news by sally

‘Ironically, in terms of its timing, on the day the country went into lockdown, the Upper Tribunal took a decision which will have a significant impact for those seeking to challenge restrictions on their liberty under the Mental Health Act 1983. This case originated in Cornwall and the solicitors were Conroys Solicitors of Truro. Sally Daulton of Devon Chambers represented the patient before the First-tier Tribunal and obtained leave to appeal. Before the Upper Tribunal, the patient was represented by Robert Pezzani and Stephen Simblet QC of Garden Court Chambers’ Civil Liberties Team.’

Devon Chambers, April 2020

Source: www.devonchambers.co.uk

Coronial causation in a mental health context: case comment by Simon Connolly – Park Square Barristers

Posted April 17th, 2020 in causation, chambers articles, coroners, inquests, judicial review, mental health, news by sally

‘The Claimant (mother of the Deceased) applied to judicially review the Coroner’s decision and record of inquest on five grounds.’

Park Square Barristers, 9th April 2020

Source: www.parksquarebarristers.co.uk

Prosecuting Domestic Violence – New Law Journal

Posted April 15th, 2020 in coercive & controlling behaviour, coronavirus, criminal justice, Crown Prosecution Service, domestic violence, mental health, news, prosecutions, public interest, victims by sally

‘On Saturday 15 February, Caroline Flack’s tragic death became widespread news across the country. Having been charged with common assault of her boyfriend, Lewis Burton, she pleaded not guilty on 23 December last year and was due to face trial on 4 March. On the same day that she took her life, a statement from Ms Flack’s management strongly criticised the Crown Prosecution Servce (CPS) for pursuing the case, citing its knowledge of her vulnerability and the lack of support from the alleged victim.’

New Law Journal, 26th March 2020

Source: www.newlawjournal.co.uk

Coronavirus (COVID-19)—Changes to the Care Act 2014 – 39 Essex Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, duty of care, easements, hospitals, local government, mental health, news by sally

‘Siân Davies, barrister at 39 Essex Chambers, discusses the Care Act easements, provided for under the Coronavirus Act 2020. She examines the guidance for local authorities on when it is appropriate to use the Care Act easements, emphasises the information that should be given to those being assessed and debates what changes to safeguarding policies may occur during the relaxation period. She also analyses the relationship between the Care Act easements guidance and the Hospital Discharge Service Requirements.’

39 Essex Chambers, 7th April 2020

Source: www.39essex.com

Articles 3 and 8 in the Time of Coronavirus: A New Case With Implications for Local Authorities Using the Care Act ‘Easements’ – Coronavirus: Guidance for Lawyers and Businesses

Posted April 14th, 2020 in chambers articles, coronavirus, duty of care, easements, hospitals, human rights, local government, mental health, news by sally

‘The Care Act ‘easements’ were brought into force on 31 March 2020. Per the statutory guidance, local authorities may take a decision to apply the new and much higher threshold for receiving care. That threshold states that a person is not entitled to receive care and support from a local authority as a matter of right unless it is necessary to prevent a breach of the person’s human rights – most likely to be Articles 2, 3 or 8 of the European Convention. Arianne Kelly looks at the first case on the subject.’

Coronavirus: Guidance for Lawyers and Businesses, 14th April 2020

Source: lawinthetimeofcorona.wordpress.com

Judge orders mental health patient to vacate bed for Covid-19 cases – The Guardian

Posted April 14th, 2020 in coronavirus, hospitals, mental health, news by sally

‘A high court judge has ruled a woman can be discharged from the hospital bed she has occupied for more than a year to relieve pressure during the Covid-19 pandemic.’

The Guardian, 10th April 2020

Source: www.theguardian.com

What a difference a PSED makes… – Nearly Legal

Posted April 8th, 2020 in appeals, children, deceit, homelessness, housing, landlord & tenant, local government, mental health, news by sally

‘Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 – that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or someone acting at the tenant’s instigation.’

Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk

Junior solicitor who lied about lost documents struck off – Legal Futures

Posted April 7th, 2020 in costs, deceit, disciplinary procedures, documents, mental health, news, professional conduct, solicitors by sally

‘A junior solicitor at the Solicitors Regulation Authority’s (SRA) external advisers Capsticks lied about losing documents she was working on while acting for the regulator in a data protection case.’

Legal Futures, 6th April 2020

Source: www.legalfutures.co.uk

Coronavirus and detention under the Mental Health Act – Doughty Street Chambers

Posted April 1st, 2020 in chambers articles, consent, coronavirus, detention, medical treatment, mental health, news, proportionality, statutory interpretation, time limits, Wales by sally

‘The Coronavirus Act 2020 (CA 2020) has now been passed. However not all the provisions have yet come into force. Many of the provisions (including the amendments to the Mental Health Act 1983 (MHA) and to the Care Act 2014) will come into force on a day appointed by a Minister according to regulations. Once in force, a part of the Act could also be suspended and revived. For further details on this, see our earlier post here.’

Doughty Street Chambers, 30th March 2020

Source: insights.doughtystreet.co.uk

What The Coronavirus Bill Could Mean For Mental Health – Each Other

Posted March 26th, 2020 in bills, coronavirus, duty of care, emergency powers, human rights, local government, mental health, news, social services by sally

‘The UK government’s Emergency Coronavirus Bill paves the way for widespread changes to legislation that could potentially have an alarming impact on our human rights, especially in the area of mental health.’

Each Other, 24th March 2020

Source: eachother.org.uk

Emergency coronavirus legislation passed by MPs without opposition – The Guardian

Posted March 25th, 2020 in bills, coronavirus, emergency powers, government departments, health, local government, mental health, news, parliament, social services by sally

‘Emergency legislation giving sweeping powers to ban gatherings and forcibly quarantine suspected coronavirus patients was passed by MPs on Monday night, despite continued worries about civil liberties and the potential effect on vulnerable people.’

The Guardian, 23rd March 2020

Source: www.theguardian.com

Teenager jailed for 24 years over murder of Lancashire sales assistant – The Guardian

Posted March 25th, 2020 in imprisonment, internet, mental health, murder, news, sentencing, young offenders by sally

‘A teenager who lured a “gentle, kind-hearted” sales assistant to a remote beauty spot on a date and stabbed him to death has been locked up for a minimum of 24 years.’

The Guardian, 24th March 2020

Source: www.theguardian.com

Victory in false imprisonment action challenging the lawfulness of Home Office Iraqi removal exercise – Garden Court Chambers

Posted March 20th, 2020 in chambers articles, damages, deportation, detention, documents, false imprisonment, government departments, Iraq, mental health, news, psychiatric damage by sally

‘QA, an Iraqi national and a vulnerable at risk adult was detained on 27 March 2017 to enable his inclusion in a new Iraqi documentation and removal exercise. Following detention he was held for 4 months, whilst repeated attempts were made to remove him, over which time he consistently expressed suicidal thoughts, engaged in self-harm and attempted suicide on at least two occasions.’

Garden Court Chambers, 2nd March 2020

Source: www.gardencourtchambers.co.uk

Charities call for inquiry into deaths linked to benefits cuts – The Guardian

Posted March 11th, 2020 in benefits, causing death of children or vulnerable adults, charities, government departments, inquiries, mental health, news, suicide by sally

‘Some of the UK’s best known mental health charities and the Royal College of Psychiatrists have jointly called for an independent inquiry into the deaths of scores of vulnerable people who were reliant on welfare benefits.’

The Guardian, 11th March 2020

Source: www.theguardian.com

Police watchdog drop investigation into Scotland Yard’s contact with Caroline Flack before her death – Daily Telegraph

Posted March 5th, 2020 in media, mental health, news, police, suicide by sally

‘The police watchdog has dropped its investigation into the Metropolitan Police’s contact with Caroline Flack before her death.’

Daily Telegraph, 4th March 2020

Source: www.telegraph.co.uk

Judge attacks S&G for “wholly unacceptable” failure – Legal Futures

Posted March 4th, 2020 in death in custody, detention, disclosure, documents, evidence, injunctions, judges, law firms, mental health, news, police, professional conduct, recusal, restraint by sally

A High Court judge has strongly criticised Slater & Gordon (S&G) for a “wholly unacceptable” failure to give him a crucial letter when applying for an urgent injunction in a police misconduct case.

Legal Futures, 4th March 2020

Source: www.legalfutures.co.uk

DWP criticised for ‘incredible secrecy’ over deaths of benefit claimants – The Guardian

Posted March 2nd, 2020 in benefits, causing death of children or vulnerable adults, disclosure, government departments, inquiries, mental health, news, suicide by sally

‘The head of an influential cross-party committee of MPs has criticised the “incredible secrecy” surrounding the government’s handling of the deaths of vulnerable benefit claimants following the case of Errol Graham, a severely ill man who died of starvation after his benefits were cut off.’

The Guardian, 1st March 2020

Source: www.theguardian.com

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