Open justice | Let us know if you have a tribunal decision you would like to publish (see Re A)
Email updates | CPD scheme – now fully up to date!

Online forum | Latest topic on forum: Nurse BIA looking for work in Birmingham area | News

May 2009 chronology

See May 2009 update for a summary of these changes.

  • 28/05/09: Lists of supervisory body contact details last updated 19/5/09. See DOLS
  • 21/05/09: New best interests judgment added - transcript courtesy of parents' solicitors. Re OT [2009] EWHC 633 (Fam) — OT, a nine-month-old baby, required continuous ventilation to live, and sometimes required further intensive medical treatment; the trust wanted to discontinue ventilation and treatment on the basis of the distressing and futile nature of the treatment; the parents wanted all steps to be taken to sustain life. (1) Although the application itself was made in an emergency as a result of a sudden deterioration in the child's condition, the parents had a fair opportunity to prepare their case both before and during the hearing; there was therefore no flaw in the process breaching Convention rights. (2) The provision or withdrawal of treatment for a child without parental consent, save in exceptional cases, is unlawful without a court declaration.* (3) Declarations were made permitting the clinicians to treat OT according to their clinical discretion (including not escalating treatment) and to cease ventilation immediately.§
  • 18/05/09: New judgment handed down today. R (Smith) v Secretary of State for Defence [2009] EWCA Civ 441 — (1) A British soldier who is on military service in Iraq is subject to the jurisdiction of the UK within the meaning of Article 1 of the Convention, so as to benefit from the rights guaranteed by the HRA while operating in Iraq, and not only when he is on a British military base or in a British hospital. (2) The inquest into the claimant's death must confirm with Article 2 standards in the scope of the investigation and nature of the verdict.§
  • 18/05/09: New judgment handed down on 14/5/09. Re OT (A Child) [2009] EWCA Civ 409 — The judge's refusal of the parents' adjournment application, and the decision to proceed with a determination of best interests of their child, was not appealable.§
  • 15/05/09: New criminal law judgment handed down yesterday. R v Hughes [2009] EWCA Crim 841 — The court's power to entertain an appeal against sentence is not, as a matter purely of jurisdiction, removed by the fact that there has been an earlier reference of the sentence by the Attorney-General; however, in all but the wholly exceptional case, the applications for extension of time and for leave to appeal would be refused.§
  • 10/05/09: The Ministry of Justice have published "Access to Justice: a review of the existing evidence of the experiences of adults with mental health problems". See Ministry of Justice
  • 06/05/09: 2009 prison law judgment handed down today. R (James) v SSJ [2009] UKHL 22 — (1) Following the introduction of IPP sentences, the Secretary of State was in breach of his public law duty to make reasonable provision to enable IPP prisoners (if necessary by completing treatment courses) to demonstrate to the Parole Board their safety for release. The appropriate remedy was declaratory relief condemning the Secretary of State's failures and indicating that he is obliged to do more. The systemic failure has ended (following amendments including making the IPP sentence generally available only when the notional minimum term is at least 2 years) so no further relief is appropriate. (2) In relation to post-tariff detention, the systemic failure did not: (a) make the detention unlawful (detention remains lawful under statute until Parole Board release); (b) breach Article 5(1) (causal link with objective of detention remained until Parole Board decision); or (c) breach Article 5(4) (which is concerned with procedure not substance) although cases with prior findings or concessions of Art 5(4) breaches were remitted to Admin court for assessment of damages.§
  • 05/05/09: April 2009's CPD questionnaire now available for subscribers. Earn 12 CPD credits for £50 - see CPD scheme
  • 05/05/09: DH published "Independent mental health advocates: supplementary guidance on access to patient records under section 130B of the Mental Health Act 1983" today. Information which would not be disclosed to the patient under the DPA should be disclosed to the IMHA. See Independent Mental Health Advocates
  • 04/05/09: 2009 miscellaneous case added. Y (Sri Lanka) v SSHD [2009] EWCA Civ 362 — The appellants, who had been tortured as suspected terrorists or terrorist sympathisers before travelling from Sri Lanka to the UK, successfully resisted deportation on Article 3 grounds by claiming that they would commit suicide if returned (even though there was no objective foundation for any fear of ill-treatment).§
  • 02/05/09: 2009 DDA case added. Eastern and Coastal Kent PCT v Grey (2009) UKEAT 0454/08 — The Employment Tribunal erred as it ought to have considered (but did not consider properly) the requirements of section 4A(3)(b) of the Disability Discrimination Act 1995 which means that an employer is exempt from the duty to make adjustments if each of four matters can be satisfied and they are that the employer: (a) does not know that the disabled person has a disability; (b) does not know that the disabled person is likely to be at a substantial disadvantage compared with persons who are not disabled; (c) could not reasonably be expected to know that the disabled person had a disability; and (d) could not reasonably be expected to know that the disabled person is likely to be placed at a substantial disadvantage in comparison with persons who are not disabled.§
  • 02/05/09: DH published the Bradley Report (Lord Bradley's review of people with mental health problems or learning disabilities in the criminal justice system) on 30/4/09. See Department of Health
Retrieved from "https://www.mentalhealthlaw.co.uk/index.php?title=May_2009_chronology&oldid=13297"