‘The public sector equality duty should be considered in cases of ‘cuckooing’ where a vulnerable resident’s home is taken over by others as a base for drug consumption and dealing, the High Court has said.’
Local Government Lawyer, 24th January 2019
Source: www.localgovernmentlawyer.co.uk
‘A teenager took her own life at a mental health care home after the charity in charge laid off external therapists, employed unqualified staff and turned it into a “boot camp”, an inquest has heard.’
The Guardian, 22nd January 2019
Source: www.theguardian.com
‘The UK benefits system’s Disability Living Allowance (DLA) has been designed to support people living with disabilities – but handouts may be unfairly benefiting claimants with physical injuries over those with mental illnesses.’
Rights Info, 22nd January 2019
Source: rightsinfo.org
‘Emma-Jayne Magson stabbed her partner with a steak knife then left him to bleed to death. Yet her family believes her murder conviction was a miscarriage of justice. Why?’
BBC News, 10th January 2019
Source: www.bbc.co.uk
‘An inquiry has been commissioned after a man with paranoid schizophrenia who had lost touch with mental health services killed a stranger in a holiday town with a throwing knife.’
The Guardian, 9th January 2019
Source: www.theguardian.com
‘NHS Oxleas Foundation Trust was last month (20 December) fined £300,000 after two nurses suffered life-changing injuries when they were repeatedly stabbed by a service user.’
Local Government Lawyer, 4th January 2019
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has rejected a claim by a mother that a council and a clinical commissioning group were required under s.117 of the Mental Health Act 1983 to meet her travelling expenses for a 240-mile round trip to see her son on day trips out of the mental hospital where he is detained.’
Local Government Lawyer, 3rd January 2019
Source: www.localgovernmentlawyer.co.uk
‘The family of Kingsley Burrell, who died in police custody in 2011, have renewed their calls for a public inquiry after one of the officers involved was sacked for lying about the events leading to the death, as well as failing in his duty of care.’
The Guardian, 18th December 2018
Source: www.theguardian.com
‘This appeal considered whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be ‘implied’ and whether the framework for Community Treatment Orders provides practical and effective protection for patients’ rights under the ECHR rights. It also considered what the scope is of a tribunal’s power to take into account ECHR rights.’
UKSC Blog, 17th December 2018
Source: ukscblog.com
‘There is no power for a responsible clinician to impose conditions in a community treatment order (CTO) which have the effect of depriving a patient of his liberty, the Supreme Court has ruled.’
Local Government Lawyer, 17th December 2018
Source: www.localgovernmentlawyer.co.uk
‘Puppy therapy to help prisoners with mental health and addiction is being offered in the first scheme of its kind in the UK.’
Daily Telegraph, 17th December 2018
Source: www.telegraph.co.uk
‘A woman jailed for two years for neglecting her children believes it could have been avoided had she got the mental health support she needed.’
BBC News, 18th December 2018
Source: www.bbc.co.uk
‘If we are serious about addressing the mental health and wellbeing of legal professionals then we need to look at the culture and practice of law, says Elizabeth Rimmer writing in our special supplement on how to travel well in the law.’
New Law Journal, 13th December 2018
Source: www.newlawjournal.co.uk
‘The Court of Appeal has quashed a jail sentence of two and a half years imposed on a solicitor, who specialised in care for the elderly, for neglecting her mother.’
Legal Futures, 12th December 2018
Source: www.legalfutures.co.uk
‘The inquest into the self-inflicted death of Ellie Brabant has concluded, with the coroner finding that the lack of a clear care plan, and the decision to discharge Ellie from Section 3 of the Mental Health Act more than minimally contributed to her death. Her family were represented by Sarah Hemingway of the Garden Court Chambers Civil Liberties Team.’
Garden Court Chambers, 13th November 2018
Source: www.gardencourtchambers.co.uk
‘The final report of the Independent Mental Health Act Review (“Modernising the Mental Health Act: Increasing choice, reducing compulsion”) has been released. For an analysis of how the Review engages with the UNCRPD, see the post by my colleague Oliver Lewis.’
Doughty Street Chambers, 6th December 2018
Source: insights.doughtystreet.co.uk
‘Judgment in the test case of SM & Ors v SSHD was handed down by the Upper Tribunal on 4 December 2018. The Tribunal quashed the decision to certify SM and RK’s human rights claims as “clearly unfounded” on the basis that their particular vulnerability, combined with the latest evidence of profound problems with the Italian reception system meant that that the Secretary of State should either exercise the discretion to consider their claims here or obtain an assurance that they would be provided with appropriate accommodation. The evidence before the Tribunal predated the latest Italian government’s anti-migrant policies.’
Garden Court Chambers, 4th December 2018
Source: www.gardencourtchambers.co.uk
‘Following a hearing that took place on 11 October 2018, Mr Justice William Davis, a High Court Judge sitting in the Upper Tribunal, ruled that the Home Office unlawfully removed ‘QH’, an exceptionally vulnerable young Afghan male, to Germany. As a result, the Court has today ordered the Home Office to take steps to return QH to the UK so that his asylum claim can be decided here.’
Garden Court Chambers, 4th December 2018
Source: www.gardencourtchambers.co.uk
‘A couple of weeks ago we held a seminar on how the UN Convention on the Rights of Persons with Disabilities (“CRPD”) could be argued in UK courts and tribunals. The seminar explored the approach that courts around the world have taken in citing and interpreting the CRPD. The judicial route is only one way for international law to trickle down into domestic law. Another obvious way to implement human rights is via law and policy reform.’
Doughty Street Chambers, 6th December 2018
Source: insights.doughtystreet.co.uk
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