Council wins right to sell family assets to pay care bill – Daily Telegraph

Posted July 22nd, 2013 in carers, costs, Court of Protection, elderly, guardianship, mental health, news by sally

“A local authority has won the right to sell off family heirlooms, including a £30,000 Lucien Pissarro painting, to pay for an elderly man’s care bills.”

Full story

Daily Telegraph, 19th July 2013

Source: www.telegraph.co.uk

Hawes v Burgess, an end to the Golden Rule?’ – New Square Chambers

Posted July 19th, 2013 in mental health, news, wills by sally

“The principles of testamentary capacity are well settled: a testator must understand the nature of the act of making a will, the extent of the property of which he is disposing, and the persons who may have a claim upon that property: Banks v Goodfellow (1870) LR 5 QB 549. Further, the proposed dispositions must not be poisoned or influenced by any disorder of the mind.”

Full story (PDF) (see p. 3)

New Square Chambers, June 2013

Source: www.newsquarechambers.co.uk

Women offenders ‘afterthought’ in rehabilitation plans – BBC News

“Women offenders are being ignored in plans to overhaul rehabilitation services, a committee of MPs has said.”

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BBC News, 15th July 2013

Source: www.bbc.co.uk

Too many women prisoners, MPs say – The Independent

“The Government is ignoring the needs of women offenders with its probation reforms, a group of MPs has warned.”

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The Independent, 15th July 2013

Source: www.independent.co.uk

Kieran Raiswell death: ‘Sniggering’ killer jailed – BBC News

Posted July 12th, 2013 in diminished responsibility, mental health, murder, news, sentencing by sally

“A man who stabbed a Manchester teenager to death in a random attack in the street ‘to see what it’s like to kill someone’ has been jailed for murder.”

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The Guardian, 12th July 2013

Source: www.guardian.co.uk

Kieran Crump Raiswell random stab murder: Man convicted – BBC News

Posted July 11th, 2013 in diminished responsibility, homicide, mental health, murder, news by sally

“A man has been convicted of murdering a teenager in a random knife attack in a Manchester street.”

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BBC News, 11th July 2013

Source: www.bbc.co.uk

Call for inquiry into deaths of four men at psychiatric hospital – The Guardian

Posted July 8th, 2013 in hospitals, inquests, inquiries, medical treatment, mental health, news by sally

“A public inquiry has been demanded into the use of anti-psychotic drugs after an investigation revealed that side-effects from such medication probably played a part in the deaths, in quick succession, of four men on one hospital ward.”

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The Guardian, 7th July 2013

Source: www.guardian.co.uk

High level Parliamentary committee asks whether mental capacity laws are working – UK Human Rights Blog

Posted July 3rd, 2013 in consent, disabled persons, human rights, legal aid, mental health, news by sally

“The House of Lords ad hoc Select Committee on the Mental Capacity Act 2005 has now heard three sessions of evidence.”

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UK Human Rights Blog, 3rd July 2013

Source: www.ukhumanrightsblog.com

Mid Wales MP wants 19th Century child neglect law changes – BBC News

Posted July 1st, 2013 in bills, child neglect, legislation, mental health, news, psychiatric damage by sally

“A mid Wales MP is bidding to change child neglect laws that date back to the 19th Century, which he claims are now ‘nonsense’. Ceredigion MP Mark Williams wants criminal legislation based on 1868 poor laws to be updated to include emotional and psychological abuse.”

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BBC News, 30th June 2013

Source: www.bbc.co.uk

Ian Brady should stay in psychiatric hospital, tribunal rules – The Guardian

Posted June 28th, 2013 in imprisonment, mental health, news, prisons, tribunals by sally

“The Moors murderer Ian Brady should stay in psychiatric hospital, a mental health tribunal has ruled. The judge-led panel decided Brady was still sufficiently mentally ill to continue holding him at Ashworth secure mental hospital in Merseyside, where he has been since 1985.”

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The Guardian, 28th June 2013

Source: www.guardian.co.uk

Ian Brady: Witnessing the tribunal evidence – BBC News

Posted June 26th, 2013 in imprisonment, mental health, news, tribunals by sally

“Moors Murderer Ian Brady spoke publicly for the first time in 47 years as he appeared before a mental health tribunal at Ashworth Hospital.”

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BBC News, 25th June 2013

Source: www.bbc.co.uk

Woman jailed after throwing newborn down rubbish chute – The Guardian

Posted June 21st, 2013 in children, grievous bodily harm, mental health, news, sentencing by sally

“A woman who threw her newborn baby down a tower block rubbish chute has been jailed for two-and-a-half years after she was found guilty of inflicting grievous bodily harm.”

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The Guardian, 20th June 2013

Source: www.guardian.co.uk

Police cells holding more than 9,000 mentally ill people a year – The Guardian

Posted June 20th, 2013 in detention, health, mental health, news, prisons, reports by sally

“More than 9,000 mentally ill people a year are being detained in police custody despite official guidance that such powers should be used only in exceptional circumstances, watchdogs say.”

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The Guardian, 20th June 2013

Source: www.guardian.co.uk

Government considers banning face-down restraint on mental health patients – Daily Telegraph

Posted June 19th, 2013 in freedom of information, mental health, news, restraint, statistics by sally

“Ministers are considering banning the use of face-down restraint on mental health patients in England after it emerged that several trusts are employing the procedure two or three times a day.”

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Daily Telegraph, 19th June 2013

Source: www.telegraph.co.uk

Moors murderer Ian Brady appears in public at ‘right-to-die’ hearing – The Guardian

Posted June 18th, 2013 in assisted suicide, mental health, news, prisons, tribunals by sally

“Moors murderer Ian Brady began a legal attempt to prove that he is sane in the hope that he will be discharged from the secure psychiatric hospital where he is incarcerated and sent to a high security jail so he can starve himself to death.”

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The Guardian, 17th June 2013

Source: www.guardian.co.uk

Why are vulnerable women still being jailed? – The Guardian

Posted June 17th, 2013 in inquests, mental health, news, prisons, suicide, women by sally

“Suicide case highlights dangers of unsafe prisons, say campaigners.”

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The Guardian, 16th June 2013

Source: www.guardian.co.uk

Sir Mark Hedley: The judge who opened the doors to Britain’s most secretive court – The Independent

“Sir Mark Hedley decided that the public should know about the judiciary’s highly sensitive rulings. He tells Emily Dugan why.”

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The Independent, 16th June 2013

Source: www.independent.co.uk

Ian Brady in prison transfer tribunal – The Independent

Posted June 17th, 2013 in mental health, murder, news, transfer of prisoners, tribunals by sally

“Moors Murderer Ian Brady is scheduled to go before a tribunal later today in his bid to be transferred to a prison to die.”

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The Independent, 17th June 2013

Source: www.independent.co.uk

Can we really trust the Mental Capacity Act? – Halsbury’s Law Exchange

Posted June 12th, 2013 in consent, disabled persons, mental health, news by sally

“The introduction of the Mental Capacity Act 2005 (MCA 2005) was celebrated for establishing a groundbreaking legal framework which empowers and protects those who lack capacity. Yet only six years after its implementation, the criticisms of MCA 2005 have grown to such an extent that the House of Lords has established a post-legislative scrutiny committee. So what has led to this apparent volte face?”

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Halsbury’s Law Exchange, 12th June 2013

Source: www.halsburyslawexchange.co.uk

Statutory Wills Update – Thirty Nine Essex Street

Posted June 4th, 2013 in Court of Protection, mental health, news, wills by sally

“This paper addresses the exercise by the Court of Protection of its power under s.18(1)(i) Mental Capacity Act 2005 (‘MCA 2005’) to execute a will for P where P is incapable of making a valid will for him or herself. Such so-called statutory wills (although the phrase does not in fact appear in the MCA 2005) are a very powerful tool that the Court can deploy to protect P and, in particular, P’s estate. Having set the statutory scene, this paper address two key aspects of the Court’s jurisdiction in this regard: (1) the assessment of P’s best interests; and (2) the assessment of P’s testamentary capacity (and, linked, how this assessment relates to the assessment that is undertaken outside the Court’s jurisdiction).”

Full story (PDF)

Thirty Nine Essex Street, May 2013

Source: www.39essex.com