‘Rape of vulnerable women, especially those with learning difficulties, has effectively been “decriminalised”, according to a research academic employed by the country’s largest police force.’
The Independent, 28th February 2014
Source: www.independent.co.uk
‘Some FOIA ‘mantras’ frustrate requesters, such as judging matters as at the time of the request/refusal, regardless of subsequent events. Others tend to frustrate public authorities, such as ‘motive blindness’. A recent Tribunal discusses and illustrates both principles – in the context of the distress (including a danger to mental health) likely to arise from disclosure.’
Panopticon, 26th February 2014
Source: www.panopticonblog.com
‘An 89-year-old woman who suffers from dementia and says she is “miserable” in a care home has won the first stage in a court fight to live in her own home. A Court of Protection judge has ruled Manuela Sykes can return to her flat where she has lived for 60 years on a one-month trial basis.’
BBC News, 25th February 2014
Source: www.bbc.co.uk
‘A prolific burglar has been convicted of murdering a grandfather whom he stabbed to death in his London home.’
BBC News, 25th February 2014
Source: www.bbc.co.uk
‘L, aged 26, was in a medium security hospital for his serious mental health problems. Concerns about his animus towards another patient arose, and the Admissions Panel of Broadmoor (a high security hospital) agreed to his transfer. It did so without allowing his solicitor to attend and without giving him the gist of why his transfer was to be made.’
UK Human Rights Blog, 23rd February 2014
Source: www.ukhumanrightsblog.com
‘Upholding the rights of individuals who lack the mental capacity to conduct proceedings can be a minefield for the unwary or even, as shown by this case, the wary. The point at issue before the court was whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor’s retainer.’
UK Human Rights Blog, 18th February 2014
Source: www.ukhumanrightsblog.com
R (L) v West London Mental Health NHS Trust [2014] EWCA Civ 47 ; [2014] WLR (D) 44
‘The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital. Where the decision was largely a clinically-based decision with a rationing aspect, there was a need for circumspection as to what procedure was required. Absent urgency, a clinical reason precluding notification, or some other reason such as the exposure of other patients or staff to the risk of harm, the “gists” of the letter of reference to the high security hospital by the hospital that wished to transfer the patient and the assessment by the clinician from the high security hospital ought to be provided to the patient and/or hisrepresentative, and the patient should be afforded an opportunity to make written submissions to the decision-making panel.’
WLR Daily, 29th January 2014
Source: www.iclr.co.uk
‘Sarah Phillimore, barrister of St John’s Chambers, Bristol, and Daniela Nickols, associate solicitor with Mowbray Woodwards, analyse the recent case of X,Y, and Z [2014] EWHC 87 (COP) in which the Court of Protection considered the interplay between the best interests of a protected party and that party’s children.’
Family Law Week, 5th February 2014
Source: www.familylawweek.co.uk
‘A person who was currently unfit to plead, and might remain unfit to plead, was an accused person for the purposes of section 70(4)(a) of the Extradition Act 2003. It might be unjust and oppressive to order such a person’s extradition without considering whether an undertaking should be required from the requesting state to permit his return to the United Kingdom in the event it was found, after a reasonable time for further treatment in the requesting state, that he was likely to remain unfit.’
WLR Daily, 31st January 2014
Source: www.iclr.co.uk
‘Where the Secretary of State for the Home Department intended to remove from the United Kingdom a person suffering from a mental illness, whether that illness fell within the definition in the Secretary of State’s immigration detention policy of a “serious mental illness” which could not be satisfactorily managed within detention, so that the person could not be detained absent very exceptional circumstances, did not depend on whether the mental illness was of a level of requiring in-patient medical attention or rendering the person liable to being sectioned under the Mental Health Act 1983, but on whether in all the circumstances the person was “suffering” from the illness and the illness was serious enough to mean that it could not be satisfactorily managed in detention.’
WLR Daily, 28th January 2014
Source: www.iclr.co.uk
‘Government of the Republic of South Africa v Dewani [2014] EWHC 153 (Admin) 31 January 2014. Shrien Dewani, the British man facing charges of murdering his wife on honeymoon in South Africa, has lost his appeal to block extradition there (so far three men have been convicted in South Africa over Mrs Dewani’s death). The Court ruled that it would not be “unjust and oppressive” to extradite him, on condition that the South African government agreed to return him to the UK after one year if his depressive illness and mental health problems still prevented a trial from taking place.’
UK Human Rights Blog, 1st February 2014
Source: www.ukhumanrightsblog.com
‘Shrien Dewani has been fighting removal from the UK to face proceedings over wife Anni’s death until he has recovered from mental health problems.’
Daily Telegraph, 31st January 2014
Source: www.telegraph.co.uk
‘A former soldier found hanged gave no indication he was intending to harm himself, an inquest has heard.’
BBC News, 30th January 2014
Source: www.bbc.co.uk
‘A mentally-ill Ghanaian man who was wrongly held in immigration detention centres is to receive “substantial” damages following a High Court ruling.’
BBC News, 29th January 2014
Source: www.bbc.co.uk
‘On the 24th January 2014 the First-Tier Tribunal (Health, Education and Social Care)(Mental Health) published its reasons for the Tribunal’s decision regarding Mr Brady’s application for discharge which had received wide-ranging media attention at the latter end of 2013. Mr Brady’s application was to be discharged from Ashworth High Secure Hospital and be returned to prison. There was no possibility of him being discharged directly into the community by the Tribunal. He is now 75 years old.’
Sovereign Chambers, 29th January 2014
Source: www.sovereignchambers.co.uk
‘The number of people in England being detained under the Mental Health Act has risen by 12% in the past five years, according to the NHS regulator.’
BBC News, 28th January 2014
Source: www.bbc.co.uk
‘Moors murderer Ian Brady’s bid to be transferred from hospital to jail was rejected for his own health and safety, a judge said on Friday.’
The Guardian, 24th January 2014
Source: www.guardian.co.uk
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