‘Hundreds of potentially unwell children in England and Wales have been placed in police cells after being detained under the Mental Health Act as officers had no place else to take them.’
The Independent, 26th January 2014
Source: www.independent.co.uk
‘The Home Office is covertly targeting the most vulnerable asylum seekers – those considered mentally unfit, or victims of torture – for deportation as part of the government’s hardline stance on immigration, according to lawyers and charity workers.’
The Guardian, 25th January 2014
Source: www.guardian.co.uk
‘A cancer patient has been jailed for life for killing his wife and daughter after suffering an adverse psychiatric reaction to his chemotherapy drugs.’
BBC News, 16th January 2014
Source: www.bbc.co.uk
‘A group of leading lawyers has expressed concern that the current system for representation of certain protected parties (P) in Court of Protection proceedings is incompatible with the ECHR.’
Halsbury’s Law Exchange, 10th January 2014
Source: www.halsburyslawexchange.co.uk
Supreme Court, 18th December 2014
‘Obrey v Secretary of State for Work and Pensions [2013] EWCA Civ 1584 concerns an appeal against an Upper Tribunal (Administrative Appeals Chamber) decision which set aside the findings of the First-tier Tribunal (Social Security and Child Support) that Reg. 7(17), Housing Benefit Regulations 2006, breached Art. 14 ECHR (although not expressly set out in the Judgment, presumably in conjunction with A1P1).’
NearlyLegal, 6th January 2014
Source: www.nearlylegal.co.uk
‘People with mental health problems are being denied justice by some Court of Protection judges who fail to even consider hearing patients’ testimony, leading lawyers have told a House of Lords inquiry.’
The Independent, 3rd January 2014
Source: www.independent.co.uk
‘Mental health nurses are to be based in police stations and courts in 10 areas of England as part of a pilot scheme aimed at cutting reoffending.’
BBC News, 4th January 2014
Source: www.bbc.co.uk
Regina v Williams (Dean Arthur): [2013] WLR (D) 497
‘For the purposes of establishing the defence of diminished responsibility, the concept of mental responsibility, within section 2(1) of the Homicide Act 1957, described the extent to which a person’s acts were the choice of a free and rational mind.’
WLR Daily, 13th December 2013
Source: www.iclr.co.uk
‘A Nigerian asylum seeker who starved himself for three months has lost his legal bid to stay in the UK.’
BBC News, 17th December 2013
Source: www.bbc.co.uk
JO v GO and others [2013] EWHC 3932 (COP); [2013] WLR (D) 495
‘The English Court of Protection had no jurisdiction under section 7(1)(a) of the Mental Capacity Act 2005 to exercise its functions under the Act in relation to an incapacitated adult no longer habitually resident in England and Wales. In the case of an adult lacking capacity to decide where to live, habitual residence could in principle be lost and another habitual residence acquired without the need for any court order or other formal process. Provided that the removal had not been wrongful the doctrine of necessity applied; what was required was a decision taken by a relative or carer which was reasonable, arrived at in good faith and taken in the best interests of the assisted person. There was nothing in the 2005 Act to displace that approach.’
WLR Daily, 13th December 2013
Source: www.iclr.co.uk
‘The College of Policing is reviewing its training to try to prevent more people dying in police custody in England and Wales, the BBC has learned.;
BBC News, 17th December 2013
Source: www.bbc.co.uk
‘In P and Q v Surrey County Council & Others [2011] EWCA Civ 190, the Court of Appeal approved Parker J’s suggested new “relative normality” test for assessing whether or not someone was being deprived of their liberty. If someone’s disabilities and difficulties necessitate assistance which is a significant interference in their life regardless of where they reside, then they are living a relatively normal life ‘for them’. Thus the circumstances are unlikely to amount to a deprivation. This concept purports to emanate from Engel v Netherlands (1976) 1 EHRR 647, despite its focus on the limitations of the army regime upon a soldier’s lifestyle, rather than a person’s individual characteristics (see ‘Turning back the clock’, SJ Vol. 156, No. 22, 10-13).’
No. 5 Chambers, 9th December 2013
Source: www.no5.com
‘The case of Crofts Vets and others v Butcher 2013 UKEAT/0430/12/LA and UKEAT/0562/12/LA is perhaps an unusual but important illustration of how far the duty to make reasonable adjustments under disability discrimination legislation goes (now Section 20 of the Equality Act 2010).’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
‘A pregnant woman with “very severe” mental health problems could be forcibly sedated and have her baby delivered via Caesarean section against her will if the need arose, a High Court Judge has ruled.’
The Independent, 11th December 2013
Source: www.independent.co.uk
‘A man who broke his spine when he tried to commit suicide by running head first into a concrete wall while in detention awaiting deportation has lost his High Court damages action.’
The Independent, 11th December 2013
Source: www.independent.co.uk
‘Grandparents of child taken into care by Essex County Council tell of their anguish at not having legal rights to be her guardian.’
Daily Telegraph, 11th December 2013
Source: www.telegraph.co.uk
‘Lawyers for Royal Marine convicted of murder will launch an appeal against his conviction.’
Daily Telegraph, 11th December 2013
Source: www.telegraph.co.uk
‘The current process for assessing eligibility for employment and support allowance by way of a questionnaire and face-to-face interview placed mental health patients at a substantial disadvantage compared with other claimants. The Secretary of State therefore was under a duty under the Equality Act 2010 to make a reasonable adjustment to accommodate them.’
WLR Daily, 4th December 2013
Source: www.iclr.co.uk
© Inner Temple Library 2025