“The detention of a mentally ill person in an Immigration Removal Centre (IRC) amounted to inhuman and degrading treatment and false imprisonment, and was irrational, the High Court has ruled.”
UK Human Rights Blog, 23rd April 2012
Source: www.ukhumanrightsblog.com
“Where adults have capacity under the Mental Capacity Act 2005 (MCA 2005), does the ‘great safety net’ of the High Court’s inherent jurisdiction still exist to guard them from the effect on their decision making of undue influence, coercion, duress etc? In its judgment handed down on 28 March 2012, the Court of Appeal confirmed that it does.”
UK Human Rights Blog, 6th April 2012
Source: www.ukhumanrightsblog.com
“The extradition to South Africa of Shrien Dewani, the man accused of murdering his wife on honeymoon there in 2010, has been delayed pending an improvement in his mental health.”
UK Human Rights Blog, 31st March 2012
Source: www.ukhumanrightsblog.com
“Two judges in London ruled that it would be ‘unjust and oppressive’ to order the removal of Dewani, who is accused of arranging the contract killing of wife Anni in Cape Town in November 2010 during their honeymoon.”
Daily Telegraph, 30th March 2012
Soruce: www.telegraph.co.uk
A local authority and others v L: [2012] EWCA Civ 253; [2012] WLR (D) 101
“The High Court’s inherent jurisdiction to protect vulnerable adults had survived the implementation of the Mental Capacity Act 2005. Thus the court could act where an adult’s capacity to make decisions for herself was overborne by circumstances such as undue influence or duress which were not covered by the Act.”
WLR Daily, 28th March 2012
Source: www.iclr.co.uk
“Gary McKinnon is almost certain to be extradited to the US after a psychiatrist declared him fit to be sent abroad, despite the same doctor having said three years ago that the computer hacker was too great a suicide risk to be handed to American authorities.”
The Independent, 29th March 2012
Source: www.independent.co.uk
In re S (A Child) (Abduction: Custody Appeal): [2012] UKSC 10; [2012] WLR (D) 78
“A child should not be returned to his country of habitual residence if the court considered that his mother who had to accompany him would on return suffer such anxieties that their effect on her mental health would create an intolerable situation for the child. It did not matter whether the mother’s anxieties were reasonable or not.”
WLR Daily, 14th March 2012
Source: www.iclr.co.uk
“Moors Murderer Ian Brady’s mental health tribunal will be held in public this summer, a judge has ruled. It is only the second time such a hearing has been open to scrutiny in this way.”
The Independent, 10th March 2012
Source: www.independent.co.uk
“Decision making in the Court of Protection on behalf of persons who lacks capacity is a familiar role for the court. The High Court has exercised its parens patriae jurisdiction in order to take decisions on behalf of vulnerable individuals for over 700 years. This jurisdiction was originally part of the Royal Prerogative, deriving from power and duty, based upon the Monarch’s conscience, to intervene in order to protect the best interests of his subjects in circumstances where those individuals could not make decisions for themselves.”
Full story (PDF)
No. 5 Chambers, 1st March 2012
Source: www.no5.com
“The sting that showed clinics agreeing to requests for sex-selective abortion caused outrage. Yet it’s far from clear that the practice is always illegal.”
The Guardian, 28th February 2012
Source: www.guardian.co.uk
“The former Norwich City striker Leon McKenzie has been jailed for sending bogus letters to the police in a bid to avoid a driving ban.”
The Guardian, 21st February 2012
Source: www.guardian.co.uk
“A woman who was jailed for falsely retracting an accusation of rape against her husband has appeared in court seeking to have her conviction quashed.”
The Guardian, 15th February 2012
Source: www.guardian.co.uk
“This is the second of two blogs on the recent Supreme Court case of Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2.”
UK Human Rights Blog, 14th February 2012
Source: www.ukhumanrightsblog.com
“A vulnerable young man with significant learning difficulties and ‘autistic tendencies’ was controversially taken away from his foster family of 12 years, the Court of Protection heard yesterday.”
The Independent, 11th February 2012
Source: www.independent.co.uk
“At first sight, Article 2 – the ‘right to life’ – seems to be a prohibition on extra-judicial executions and state-sponsored death squads. It does, of course have a role to play in that respect (and one that is not limited to those countries whose signature of the Convention is viewed with scepticism from Western Europe).”
UK Human Rights Blog, 12th February 2012
Source: www.ukhumanrightsblog.com
“Three members of staff have admitted mistreating patients at a private hospital for people with learning difficulties.”
The Guardian, 9th February 2012
Source: www.guardian.co.uk
Rabone v Pennine Care NHS Trust [2012] UKSC 2; [2012] WLR (D) 23
“A psychiatric in-patient who was known to be at real and immediate risk of suicide was owed a positive operational duty under article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms by the NHS trust to take preventative measures to safeguard her life even though she was a voluntary patient who was not detained under the Mental Health Act 1983.”
WLR Daily, 8th February 2012
Source: www.iclr.co.uk
“An NHS trust breached its duty of care to a 20-year-old patient who killed herself while on home release from a psychiatric unit, the supreme court has ruled.”
The Guardian, 8th February 2012
Source: www.guardian.co.uk
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