mental health – Page 35 – Current Awareness

Professional Standards Authority v HCPC and Wood [2019] EWHC 2819 (Admin) – Charging motivation and lies in investigation – 2 Hare Court

Posted November 20th, 2019 in disciplinary procedures, mental health, news, paramedics, professional conduct, telecommunications by sally

‘Mr Wood was a paramedic called to attend Patient A, a highly vulnerable patient who suffered from a split personality disorder. Within 10-15 minutes of leaving the patient, Mr Wood began to text her. Over the course of the following month he continued to contact her. Some of those messages were sexually explicit and others attempted to arrange a meeting with the patient for sex. He also asked her to keep the messages a secret.’

2 Hare Court, 1st November 2019

Source: www.2harecourt.com

Mental Capacity Guidance Note: Deprivation of Liberty in the Hospital Setting – 39 Essex Chambers

Posted November 20th, 2019 in Court of Protection, deprivation of liberty safeguards, hospitals, human rights, mental health, news by sally

‘The law governing the deprivation of a person’s liberty in a hospital can be complex. In every case it involves (or should involve) consideration of the question of what amounts to a deprivation of liberty for the purposes of domestic legislation and Article 5 of the European Convention of Human Rights (‘ECHR’). In very many cases, it involves the interface of two statutory regimes (the Mental Health Act 1983 (‘MHA 1983’) and the Mental Capacity Act 2005 (‘MCA 2005’)).’

39 Essex Chambers, 11th November 2019

Source: www.39essex.com

Solicitor sanctioned for indemnity insurance breaches – Legal Futures

Posted November 20th, 2019 in disciplinary procedures, indemnities, insurance, mental health, news, solicitors by sally

‘A solicitor who practised without insurance has been spared an appearance before a disciplinary tribunal, in part because he was suffering from depression at the time.’

Legal Futures, 20th November 2019

Source: www.legalfutures.co.uk

Family Proceedings and Mental Health – KCH Garden Sq

Posted November 19th, 2019 in children, family courts, mental health, news, pregnancy by sally

‘Any family practitioner will know that the concept of ‘wellbeing’ is at the heart of care and family court proceedings. Sir Andrew Macfarlane recently remarked “the general focus on wellbeing has developed coincidentally with a massive increase in pressure within the Family Justice system and, if anything, the need for every practitioner to be aware of issues of wellbeing is, in my view, at its most acute for those working in the field of Family Law”.’

KCH Garden Sq, 8th November 2019

Source: kchgardensquare.co.uk

Social media ads encouraging children to get ‘likes and followers’ banned by watchdog – Daily Telegraph

Posted November 13th, 2019 in advertising, children, complaints, internet, mental health, news, ombudsmen by sally

‘TV adverts which encourage children to get ‘likes’ and ‘followers’ on social media have been banned as they could be damaging to their ‘mental health and self-esteem’, a watchdog has ruled.’

Daily Telegraph, 13th November 2019

Source: www.telegraph.co.uk

‘Best Interests’- how to decide? – Family Law

Posted November 8th, 2019 in children, Court of Protection, elderly, mental health, news, official solicitor by sally

‘I act as a Deputy for many clients, young and old, with different needs, requests and expectations. I manage their money and need to make best interest decisions daily. When a client lacks capacity to make a particular decision then it’s my job to help support them in making that decision. If they can’t make a particular financial decision then I become the “decision maker”.’

Family Law, 8th November 2019

Source: www.familylaw.co.uk

Mixed race soldier sues MoD for £100,000 amid claims colleagues put up ‘racist’ posters at army base and nicknamed him Apu, High Court hears – Daily Telegraph

Posted November 7th, 2019 in armed forces, bullying, compensation, equality, harassment, mental health, news, psychiatric damage, racism by sally

‘A mixed race soldier is suing the MoD for £100,000 amid claims he was bullied after colleagues put up “racist” posters at an army base and nicknamed him Apu, the High Court has heard.’

Daily Telegraph, 6th November 2019

Source: www.telegraph.co.uk

Parents take legal action over pupils labelled as truants – The Guardian

Posted November 4th, 2019 in fines, mental health, news, prosecutions, school children, truancy by sally

‘Families with children who are labelled “school refusers” are planning to take legal action against the government to challenge rules on truancy that allow them to be fined and prosecuted.’

The Guardian, 3rd November 2019

Source: www.theguardian.com

Social care support and persons subject to immigration control – Local Government Lawyer

Posted November 1st, 2019 in Administrative Court, asylum, benefits, duty of care, government departments, human rights, immigration, local government, mental health, news by sally

‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.’

Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

More on “vulnerability” – Nearly Legal

Posted October 30th, 2019 in appeals, expert witnesses, homelessness, housing, interpretation, local government, mental health, news by sally

‘In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made homeless. The decision in Guiste (I’m told that it is pronounced “Geest” as opposed to “Gwist”) in some respects is one on its facts, but the Court of Appeal make a number of observations of significance in these cases and leave one point open (albeit give their penniworth on it). As an academic interested in the field, I wonder at the amount of effort,time, and money spent in arguing the toss about vulnerability, and whether there might be better uses of that effort/time/cash, but there we go; that’s why we have our tower.’

Nearly Legal, 29th October 2019

Source: nearlylegal.co.uk

Douglas Oak inquest: Coroner calls for improved police and ambulance training on handling persons suffering from Acute Behavioural Disturbance – Garden Court Chambers

Posted October 29th, 2019 in emergency services, inquests, mental health, news, police by sally

‘The inquest into the death of Douglas Oak concluded at Bournemouth Coroners Court yesterday with Senior Coroner for Dorset Rachel Griffin stating that she would be issuing a wide ranging preventing Future Deaths report because of her concerns that further lives will be lost unless action is taken at a national level to improve training and the handling of persons suffering from acute behavioural disturbance (ABD).’

Garden Court Chambers, 23rd October 2019

Source: www.gardencourtchambers.co.uk

Mentally ill man jailed for yelling racist abuse at judge – Legal Futures

Posted October 29th, 2019 in contempt of court, mental health, news, racism, sentencing by sally

‘A mentally ill man has been jailed for 10 days for contempt in the face of the court after yelling racist abuse at a judge at Bristol Magistrates’ Court.’

Legal Futures, 29th October 2019

Source: www.legalfutures.co.uk

Police disciplinary hearings dropped over Thomas Orchard death – The Guardian

Posted October 25th, 2019 in abuse of process, bereavement, death in custody, disciplinary procedures, families, fines, health & safety, mental health, news, police, professional conduct, restraint by sally

‘The family of a church caretaker with mental health problems who died after being restrained at a police station have expressed anger after disciplinary proceedings against two detention officers were dropped.’

The Guardian, 24th October 2019

Source: www.theguardian.com

Family of man who died after police restraint call for better training – The Guardian

Posted October 23rd, 2019 in bereavement, codes of practice, damages, families, inquests, mental health, news, police, professional conduct, restraint by sally

‘The family of a company director who died after being restrained on a street by police while suffering acute behavioural disorder (ABD) have called for more training to be given on how to deal with people experiencing such a crisis.’

The Guardian, 22nd October 2019

Source: www.theguardian.com

Watchdog to investigate suicide monitoring of benefit claimants after ministers refuse to publish data – The Independent

Posted October 22nd, 2019 in benefits, mental health, news, suicide by sally

‘A watchdog is to investigate the government’s monitoring of suicides among benefit claimants amid concerns about links between welfare reforms and declining mental health.
The National Audit Office (NAO) said it would call on the Department for Work and Pensions (DWP) to reveal what information it held on the issue, after ministers refused to provide an MP with figures on the number of people in the welfare system who had taken their own lives.’

The Independent, 21st October 2019

Source: www.independent.co.uk

Howard League for Penal Reform: Parmoor Lecture – Crown Prosecution Service

Posted October 15th, 2019 in codes of practice, consultations, criminal justice, Crown Prosecution Service, fitness to plead, mental health, prosecutions, speeches, statistics by sally

‘I aim to be clear this evening about my role as the nation’s chief prosecutor, on behalf of the CPS which I lead. At a time of national upheaval and some political uncertainty, the role of a properly-funded and fully independent prosecution authority is absolutely pivotal.’

Crown Prosecution Service 14th October 2019

Source: www.cps.gov.ukwww.cps.gov.ukwww.cps.gov.uk

‘I struggled to do my mum justice at her inquest’ – BBC News

Posted October 1st, 2019 in bereavement, families, inquests, legal aid, legal representation, mental health, news, suicide by sally

‘Every year, mental health trusts spend millions of pounds employing lawyers to represent them at inquests, where they could be found to be at fault. The relatives of those who have died, however, often get no legal aid and have to stand up and face those lawyers alone. Becky Montacute describes her bid to ensure that the lessons from her mother’s death were learned.’

BBC News, 1st October 2019

Source: www.bbc.co.uk

Supreme Court considers parental responsibility and deprivation of liberty – Family Law Week

Posted September 30th, 2019 in children, consent, deprivation of liberty safeguards, disabled persons, human rights, local government, mental health, news, parental responsibility, Supreme Court by michael

‘The Supreme Court, by a majority of three to two, has held, in D (A Child) [2019] UKSC 42, a case concerning a young person lacking mental capacity, that there is no scope for the operation of parental responsibility to authorise what would otherwise be a violation of a fundamental human right of a child, that is his liberty.’

Family Law Week, 26th September 2019

Source: www.familylawweek.co.uk

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