Category: mental health

“A gilded cage is still a cage” – Supreme Court on deprivation of liberty for the mentally incapacitated – UK Human Rights Blog

Posted April 9th, 2014 in deprivation of liberty safeguards, disabled persons, human rights, mental health, news by sally

‘Mentally incapacitated people have the same rights to liberty as everyone else. If their own living arrangements would amount to a deprivation of liberty of a non-disabled individual then these would also be a deprivation of liberty for the disabled person. So says the Supreme Court, which has ruled that disabled people are entitled to periodic independent checks to ensure that the deprivation of liberty remains justified.’

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UK Human Rights Blog, 8th April 2014

Source: www.ukhumanrightsblog.com

Kent hospitals admit failings over Simon Willson death – BBC News

Posted April 3rd, 2014 in health, hospitals, mental health, negligence, news, suicide by sally

‘Two NHS trusts have admitted failures in the care of a father of two who was found hanged in a hospital toilet.’

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BBC News, 3rd April 2014

Source: www.bbc.co.uk

Housing benefit changes distress disabled people, say MPs – BBC News

Posted April 3rd, 2014 in benefits, disabled persons, mental health, news, reports, select committees, social security by sally

‘Changes to housing benefit in England, Scotland and Wales are creating “financial hardship and distress” for disabled people, MPs have warned.’

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BBC News, 2nd April 2014

Source: www.bbc.co.uk

TW v Enfield London Borough Council – WLR Daily

Posted April 1st, 2014 in appeals, detention, families, human rights, law reports, local government, mental health by sally

TW v Enfield London Borough Council [2014] EWCA Civ 362; [2014] WLR (D) 145

‘When an approved social worker was considering whether it was “reasonably practicable” to consult the “nearest relative” before making an application to admit a patient, pursuant to sections 3(1) and 13(1) of the Mental Health Act 1983, section 11(4) of the Act imposed on that social worker an obligation to strike a balance between the patient’s right under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms not to be detained unless it was done by a procedure that was in accordance with the law and the patient’s right to a private life under article 8.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

Court of Protection: NHS Trust asks judge to rule on hysterectomy for woman with serious mental health condition – The Independent

Posted April 1st, 2014 in consent, Court of Protection, health, medical treatment, mental health, news by sally

‘A woman with a serious mental health condition should undergo a hysterectomy after being handcuffed and escorted by four guards to the operating table, an NHS Trust told a High Court Judge on Monday.’

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The Independent, 31st March 2014

Source: www.independent.co.uk

Deprivation of liberty – time to rip up the DOLS regime and start again – Halsbury’s Law Exchange

Posted March 27th, 2014 in deprivation of liberty safeguards, disabled persons, housing, mental health, news by sally

‘The dust is now beginning to settle, slightly, after the earthquake that was the decision of the Supreme Court in the conjoined appeals of Cheshire West and P and Q, which extends the criteria for determining whether living arrangements made for mentally incapacitated individuals amount to a deprivation of liberty.’

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Halsbury’s Law Exchange, 25th March 2014

Source: www.halsburyslawexchange.co.uk

Jury gives open verdict on teenager who died after ‘relationship with star’ – The Guardian

Posted March 27th, 2014 in duty of care, health, inquests, mental health, news, suicide by sally

‘There were “shortcomings” in the care given to a teenager who died in a psychiatric unit after allegedly being pressured by a male celebrity into sexual activity, an inquest jury has concluded.’

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The Guardian, 26th March 2014

Source: www.guardian.co.uk

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust – WLR Daily

Posted March 26th, 2014 in appeals, contracts, costs, damages, fees, law reports, litigation friends, mental health, solicitors by sally

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2014] EWHC 168 (QB); [2014] WLR (D) 141

‘The termination of a solicitor’s actual authority by reason of a client’s supervening mental incapacity did not, it itself, automatically frustrate the underlying contract of retainer.’

WLR Daily, 5th February 2014

Source: www.iclr.co.uk

Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant); Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant) (No 2) – Supreme Court

Posted March 25th, 2014 in appeals, consent orders, damages, law reports, litigation friends, mental health, personal injuries, Supreme Court by sally

Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant); Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant) (No 2) [2014] UKSC 18

Supreme Court, 12th March 2014

Source: www.youtube.com/user/UKSupremeCourt

P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) – Supreme Court

Posted March 25th, 2014 in appeals, deprivation of liberty safeguards, disabled persons, housing, law reports, local government, mental health, Supreme Court by sally

P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) [2014] UKSC 19 (YouTube)

Supreme Court, 19th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) – WLR Daily

Posted March 25th, 2014 in appeals, deprivation of liberty safeguards, disabled persons, housing, law reports, local government, mental health, Supreme Court by sally

Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) [2014] UKSC 19; [2014] WLR (D) 140

‘Mentally incapacitated persons had the same rights to liberty as everyone else, and if their living arrangements would amount to a deprivation of liberty of a capacitous person they were also a deprivation of liberty of the incapacitated person, who was therefore entitled to periodic independent checks to ensure that the deprivation of liberty remained justified in his or her best interests.’

WLR Daily, 19th March 2014

Source: www.iclr.co.uk

Mental Capacity Act 2005 – a damning report – Halsbury’s Law Exchange

Posted March 18th, 2014 in deprivation of liberty safeguards, mental health, news, reports, select committees by sally

‘The House of Lords Select Committee appointed to undertake post-legislative scrutiny of the Mental Capacity Act 2005 (MCA 2005) has now reported. After a mammoth evidence gathering exercise (the transcripts of the oral evidence received and the written evidence submitted ran to almost 2,000 pages), the Committee has provided a damning report upon almost all aspects of the (lack of) implementation of the MCA 2005.’

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Halsbury’s Law Exchange, 17th March 2014

Source: www.halsburyslawexchange.co.uk

Mormon Tax, Posthumous Procreation and Stephen Lawrence Spying – the Human Rights Roundup – UK Human Rights Blog

Posted March 17th, 2014 in elderly, human rights, mental health, news, police, religious discrimination, spying, taxation by sally

‘In the human rights news this week, Theresa May calls for a public inquiry into undercover police officers after the publication of the independent review into spying on the family of Stephen Lawrence. Elsewhere, Mormons take on the taxman, the High Court considers how to interpret the law on storing embryos and gametes after death and a House of Lords Committee publishes a major report into the operation of the Mental Capacity Act.’

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UK Human Rights Blog, 16th March 2014

Source: www.ukhumanrightsblog.com

Independent Police Complaints Commission plans overhaul after review – BBC News

Posted March 17th, 2014 in complaints, death in custody, mental health, news, police by sally

‘The Independent Police Complaints Commission (IPCC) is to overhaul the way it investigates deaths at the hands of police in England and Wales.’

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BBC News, 17th March 2014

Source: www.bbc.co.uk

Dunhill v Burgin (Nos 1 and 2) – WLR Daily

Posted March 14th, 2014 in civil procedure rules, damages, law reports, litigation friends, mental health, personal injuries by sally

Dunhill v Burgin (Nos 1 and 2): [2014] UKSC 18;  [2014] WLR (D)  122

‘The test of capacity to conduct proceedings for the purpose of CPR Pt 21 was the capacity to conduct the claim or cause of action which the claimant in fact had, rather than the claim as formulated by her lawyers. A consent order based on the settlement of a claim by a claimant who lacked capacity and did not have a litigation friend was not valid even though the claimant was legally represented.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

Supreme Court places protection of vulnerable parties ahead of need for finality in litigation – Litigation Futures

Posted March 13th, 2014 in appeals, civil procedure rules, consent, litigation friends, mental health, news, Supreme Court by sally

‘The policy underlying the Civil Procedure Rules is that protected parties need protection not only from themselves but also from their legal advisers, the Supreme Court ruled yesterday.’

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Litigation Futures, 13th March 2014

Source: www.litigationfutures.com

Not sex discrimination to dismiss employee for post-natal depression absence after maternity leave finished, says UK EAT – OUT-LAW.com

Posted March 13th, 2014 in appeals, employment, employment tribunals, equality, mental health, news, pregnancy, sex discrimination, sick leave, unfair dismissal by sally

‘It was neither sex discrimination nor discrimination related to pregnancy or maternity leave to dismiss an employee for excessive absences due to post-natal depression that took place after her maternity leave had ended, the Employment Appeal Tribunal (EAT) has found.’

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OUT-LAW.com, 12th March 2014

Source: www.out-law.com

Vulnerable people ‘being kept prisoner in care homes’ – The Guardian

Posted March 13th, 2014 in care homes, deprivation of liberty safeguards, elderly, mental health, news, reports by sally

‘Tens of thousands of the most vulnerable patients are effectively being kept prisoner in care homes and hospitals through misuse of mental health laws, a damning House of Lords investigation has found.’

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The Guardian, 13th March 2014

Source: www.guardian.co.uk

Boy fed nine litres of goat milk a day cannot stay with his mother, court rules – The Independent

Posted March 7th, 2014 in care orders, children, food, mental health, news, parental responsibility by sally

‘A boy who was fed nine litres of goat’s milk a day for six months will not be allowed to live with his mother, a senior family court judge has ruled.’

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The Independent, 6th March 2014

Source: www.independent.co.uk

Shrien Dewani extradited to South Africa ‘within 28 days’ – BBC News

Posted March 4th, 2014 in appeals, extradition, mental health, murder, news by sally

‘A man accused of arranging the murder of his wife on their honeymoon has lost his latest appeal against extradition.’

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BBC News, 3rd March 2014

Source: www.bbc.co.uk