The Revenue tackles offensive labels for disabled in tax law – The Guardian
“HM Revenue & Customers is looking at how to replace the terms ‘lunatic’, ‘idiot’, and ‘insane person’ in tax law.”
The Guardian, 29th May 2011
Source: www.guardian.co.uk
Category: mental health
Yvonne Freaney cleared of murder of autistic son, 11 – BBC News
“A woman has been cleared of the murder of her severely autistic 11-year-old son.”
BBC News, 26th May 2011
Source: www.bbc.co.uk
Aitken v Commissioner of Police of the Metropolis – WLR Daily
Aitken v Commissioner of Police of the Metropolis [2011] EWCA Civ 582; [2011] WLR (D) 165
“Parties and their lawyers using the tribunal system should not draw the appellate courts into unnecessary speculation as to what the law would be if an employment tribunal had found the facts differently. Users of the tribunal system needed to be reminded that they needed evidence to prove facts; they needed facts on which to base legal submissions; and they needed real, not imaginary, questions of law for any appeal.”
WLR Daily, 18th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed
Regina (Nassery) v Brent London Borough Council – WLR Daily
Regina (Nassery) v Brent London Borough Council [2011] EWCA Civ 539; [2011] WLR (D) 156
“Where a local authority was assessing whether a person was ‘in need of care and attention’ for the purposes of section 21(1)(a) of the National Assistance Act 1948 the primary focus was on present rather than future needs, but provided there was a present need for some sort of care an authority was also empowered to intervene before it became much worse.”
WLR Daily, 11th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed
Smokers win right to challenge hospital ban – The Guardian
“Patients sectioned under the Mental Health Act have won permission to bring a high court test case over a hospital smoking ban.”
The Guardian, 6th May 2011
Source: www.guardian.co.uk
LSB publishes literature review of legal needs – Legal Services Board
“The LSB has conducted a review of existing research literature into the needs of different groups of legal services consumers. The review summarises the legal needs of a variety of different groups, their methods of accessing legal services and where their needs are not met. The review helps to identify gaps in existing research and will be used to target our future research programme.”
The Legal Needs of Consumer Groups (PDF)
Legal Services Board, 21st April 2011
Source: www.legalservicesboard.org.uk
Woman jailed for killing autistic son, 12, with bleach – BBC News
“A mother has been jailed for killing her 12-year-old autistic son by making him drink bleach.”
BBC News, 1st April 2011
Source: www.bbc.co.uk
£5m scheme to divert mentally ill offenders from prison – The Guardian
“The first stage in setting up a national service to divert mentally ill people from prison is due to be announced by the health secretary, Andrew Lansley, and the justice secretary, Ken Clarke.”
The Guardian, 28th March 2011
Source: www.guardian.co.uk
Call to sue councils that are ‘failing the vulnerable’ – Law Society’s Gazette
“The case of a mentally ill man who attempted suicide after being discharged from hospital to a park bench has prompted mental health solicitors to call on lawyers to sue local authorities that fail to provide adequate healthcare for some of society’s most vulnerable members.”
Law Society’s Gazette, 17th March 2011
Source: www.lawgazette.co.uk
Broadmoor patient makes history with court appeal – The Independent
“A patient in Broadmoor Hospital who has spent more than two decades alongside some of Britain’s most dangerous criminals has won the right to have a review into his detention heard in public, The Independent has learned.”
The Independent, 9th March 2011
Source: www.independent.co.uk
‘Phobia’ inmate’s bid to finish jail term at home fails – BBC News
“A prisoner who suffers social phobia has lost his legal fight to complete his jail term under curfew at home.”
BBC News, 28th February 2011
Source: www.bbc.co.uk
Anti-social convict goes to court to finish sentence at home – Daily Telegraph
“A convict with ‘severe social phobia’ has taken a prison governor to court for refusing to let him finish his sentence in privacy of his own home.”
Daily Telegraph, 25th February 2011
Source: www.telegraph.co.uk
Regina (Hertfordshire County Council) v Hammersmith and Fulham London Borough Council – WLR Daily
“A mental patient who was compulsorily detained under the Mental Health Act 1983 was not thereby to be treated as ‘resident’ in the local authority within whose area he was detained. On a proper construction of section 117(3) of the 1983 Act the patient’s ‘residence’ was distinct from his place of detention. Section 117 of the 1983 Act was the appropriate section, rather than section 21 of the National Assistance Act 1948, to determine which authority should have the responsibility of paying for the patient’s after-care accommodation.”
WLR Daily, 16th February 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Sex crime entertainer Jason Gaunt ‘acted like teenager’ – BBC News
“A children’s entertainer cannot be sentenced for sex offences against boys until a psychological assessment has taken place, a judge has said.”
BBC news, 17th February 2011
Source: www.bbc.co.uk
M v Hackney London Borough Council and others – WLR Daily
M v Hackney London Borough Council and others [2011] EWCA Civ 4; [2011] WLR (D) 2
“A hospital trust was entitled to rely upon an application for the admission for treatment of a patient under the Mental Health Act 1983 which appeared to comply with section 6(3) of the Act as being a lawfully made application pursuant to the provisions of the Act. Where such an application, completed by an approved mental health professional (AMHP), had failed to comply with those provisions, the failure rendered the patient’s detention unlawful and imposed the responsibility for the unlawful detention upon the AMHP. The statutory defence in section 139(1), which relieved the AMHP from civil liability unless he or she had acted in bad faith or without reasonable care, would be read down by virtue of section 3 of the Human Rights Act 1998 so as to permit a claim by the detained person for compensation from the AHMP.”
WLR Daily, 17th January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Mental health patient detained indefinitely for killing brother, nine – The Guardian
“A mental health patient was detained indefinitely today (17 January) for wounding his sister and stabbing to death his younger brother, with whom he had a close and loving relationship.”
The Guardian, 17th January 2011
Source: www.guardian.co.uk
Gill v Woodall and others – WLR Daily
Gill v Woodall and others [2010] EWCA Civ 1430; [2011] WLR (D) 328
“To determine whether a testatrix knew and approved the contents of her will the proper approach was to consider the factual and expert evidence and to ask whether the testatrix appreciated what was in the will when she signed it. It was not necessary to break down the issue into two separate questions of whether a prima facie case had been made out that the testatrix had not known or approved of the contents of her will and then whether the beneficiary had rebutted that case.”
WLR Daily, 15th December 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Man lawfully killed by son of stabbing victim, coroner rules – The Guardian
“A mechanical engineer who believed he was being controlled by radio waves and fatally attacked a woman in her home, before being stabbed by her teenage son, was lawfully killed.”
The Guardian, 14th December 2010
Source: www.guardian.co.uk
Vulnerable young people trapped in justice system – The Guardian
“Young people with mental illness and learning difficulties are being let down by youth justice system, a new report reveals.”
The Guardian, 24th November 2010
Source: www.guardian.co.uk
Legal help for vulnerable ‘at risk’ – BBC News
“The support people with autism get from the police and criminal justice system could be hit by Home Office cuts, a senior legal figure has warned.”
BBC News, 15th November 2010
Source: www.bbc.co.uk
