Todo:2020

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Dec 2020: Michele Janas, 'Puberty blockers and consent to treatment: an analysis of the High Court’s ruling' (Community Care, 11/12/20)
Dec 2020: Julian Hendy, 'Emily Jones won't be the last to die if we don't admit that some mental patients are time bombs' (Mail, 5/12/20)
Dec 2020: WHITHER THE INHERENT JURISDICTION? How did we get here? Where are we now? Where are we going? A Lecture by Sir James Munby to the Court of Protection Bar Association 10 December 2020
Dec 2020: Open Justice COP Project - Challenging Reporting Restrictions in the Court of Protection
Dec 2020: Open Justice COP - Is it lawful for Z’s carers to support him in accessing a sex worker?
Dec 2020: Louise Perry, 'Men do not have the ‘right’ to sex' (UnHerd, 8/12/20)
Dec 2020: "Inquest - Private Psychiatrist declined referral of suicidal man as he considered the needs were too complex and would be better resolved within the NHS, but didn't tell the patient." (Hundred Families summary) Martin Barrett
Dec 2020: Victims’ Commissioner responds to consultation on making parole hearings open to victims - 3/12/20
Dec 2020: Court of Protection: KK v Leeds City Council [2020] EWCOP 64^B (14 December 2020)
Dec 2020: "Coroner finds lack of urgent psychiatric beds in Suffolk, (and the entire country) were implicated in the avoidable death of mentally ill man." (Hundred Families summary) Piotr Kierzkowski
Nov 2020: Herald Scotland - 'Unlawful' practice of sending elderly patients to locked Scots care home units banned after court fight
Nov 2020: Court of Protection: A London NHS Trust v KB & Anor [2020] EWCOP 59^B (25 November 2020)
Nov 2020: Coroner - Ian Allen "Coroner criticises lack of Clozapine monitoring following patient's death" (Hundred Families summary)
Nov 2020: Coroner - Viktor Scott Brown "Coroner criticises incomplete information from BNF & Maudsley Guidelines about worrying side-effects of Lamotrigine following patient's suicide." (Hundred Families summary)
Nov 2020: UK Human Rights Blog - Mental health, clinical negligence and the illegality defence Henderson case
Nov 2020: "Mental Health trust in Essex pleads guilty to Health and Safety breaches at the centre where the son of @MelanieLeahy Matthew died. They accepted their failure to manage ligature points allowed 11 people to die. The deaths happened between 2004 and 2015 at the North Essex Partnership Trust." @BBCLookEast
Nov 2020: Code of Practice for Victims
Nov 2020: Courts and Tribunals Judiciary - Chief Coroner’s combined annual report 2018 to 2019 and 2019 to 2020
Nov 2020: Open Justice COP - When Expert Evidence Fails - 3/11/20
Nov 2020: MCLAP - DHSC LPS Implementation 3rd Newsletter
Nov 2020: Court of Protection: TC (Urgent Medical Treatment) [2020] EWCOP 53^B (29 October 2020)
Nov 2020: BMA - Out-of-area beds: no end in sight
Nov 2020: Guardian - Judge says care home residents in England are legally allowed visitors
Nov 2020: The Herald - 'Unlawful' practice of sending elderly patients to locked Scots care home units banned after court fight
Nov 2020: Children's Commissioner - Hundreds of vulnerable ‘invisible children’ in England are being locked away without any legal protection The report, “Who are they, where are they?” shows that in the official figures there are 1,340 children ‘locked up’ in various institutions.
Nov 2020: BBC - 'Toxic lockdown' sees huge rise in babies harmed or killed
Nov 2020: Scottish Mental Health Law Review - Update - November 2020
Nov 2020: 39 Essex Chambers - GUIDANCE NOTE: USING THE INHERENT JURISDICTION IN RELATION TO ADULTS
Nov 2020: Inquest - Supreme Court lowers standard of proof for unlawful killing and suicide inquest conclusions to balance of probabilities Maughan, R (on the application of) v Her Majesty's Senior Coroner for Oxfordshire (Rev 1) [2020] UKSC 46^B (13 November 2020) https://www.bailii.org/uk/cases/UKSC/2020/46.html
Oct 2020: Community Care - Single code of practice planned for Mental Capacity Act and deprivation of liberty Long-awaited update of Mental Capacity Act code will be combined with new statutory guidance on Liberty Protection Safeguards, government confirms
Oct 2020: CQC - Out of sight – who cares?: Restraint, segregation and seclusion review
Oct 2020: Gov.uk - Policy paper: JCHR reports on the detention of young people with learning disabilities or autism: government response Response to the Joint Committee on Human Rights (JCHR) recommendations on the rights of people with a learning disability or autistic young people in inpatient settings.
Oct 2020: BBC - CQC report: Care of people with learning disabilities 'inhumane'
Oct 2020: CQC - CQC reports on local action to improve mental health care for children and young people Today (21 October) we have published an update on work we carried out in 2018 looking at the quality of mental health services for children and young people, as well as the access to these services.
Oct 2020: Telegraph - Dementia patient restrained by security guards 18 times to be forcibly treated The 77-year-old had a cloth held over his head while nurses inserted a catheter, an investigation found
Oct 2020: Medical Law Review - An Aide Memoire for a Balancing Act? Critiquing The ‘Balance Sheet’ Approach to Best Interests Decision-Making
Oct 2020: GMC - Decision making and consent
Oct 2020: Court of Protection: The Health Service Executive of Ireland v IM & Anor [2020] EWCOP 51^B (26 October 2020)
Oct 2020: Court of Protection: Penntrust Ltd v West Berkshire District Council & Anor [2020] EWCOP 48^B (28 September 2020)
Oct 2020: Barbara Rich - The Prodigal Son in Modern Life FS v RS and JS [2020] EWFC 63^M
Oct 2020: 39 Essex Chambers - ADULT SOCIAL CARE: COVID-19 WINTER PLAN 2020 – 2021 This note provides an overview of the Department of Health and Social Care (non-statutory) guidance issued on 18 September 2020 concerning social care in England.
Oct 2020: CQC - State of Care 2019/20
Sep 2020: Court of Protection: DP v London Borough of Hillingdon [2020] EWCOP 45^M (28 September 2020)
Sep 2020: Open Justice COP Project - Advance Requests for Restraint and Compulsory Treatment
Sep 2020: MOJ - A smarter approach to sentencing
Sep 2020: MCLAP - DHSC MCA/DoLS guidance updated – in particular about face to face assessment
Sep 2020: MCLAP - LPS – more flesh on the timetable bones
Aug 2020: Open Justice COP Project - Over-ruling P’s Strong Wishes in a Best Interests Decision: Autonomy, Protection and P’s voice
Aug 2020: Guardian - Sex and dementia: the intimate minefield of consent in a care home
Aug 2020: NICE - Decision making and mental capacity. Quality standard QS194 Published date: 11 August 2020
Aug 2020: Bristol Post - Man jailed for life for stabbing friend to death could be free in two years. Jamal Sheik-Mohammed was told he could be considered for release after two years
Aug 2020: BBC - Detained autistic Hull man 'to be released' after 14 years in hospital 29 July 2020
Aug 2020: Open Justice COP Project - Should P’s ‘Litigation Friend’ instruct P’s lawyer to promote P’s wishes and leave ‘Best Interests’ decision-making to the judge?
Aug 2020: Hill Dickinson - Updated: Who pays? Guidance coming into effect 1 September 2020
Aug 2020: Independent - Fragmented mental health services and failure to learn creates risks of violent homicides, report says
Aug 2020: Court of Protection: Northamptonshire Healthcare NHS Foundation Trust v AB [2020] EWCOP 40^B (16 August 2020)
Jul 2020: Eastern Daily Press - ‘Unforgivable’ - Mental health trust allowed court hospital order to expire
Jul 2020: A basic guide to the Court of Protection
Jul 2020: Court of Protection: Hull University Teaching Hospitals NHS Trust v KD [2020] EWCOP 35^B (02 July 2020)
Jul 2020: Court of Protection: Cumbria County Council v A [2020] EWCOP 38^B (16 July 2020)
Jul 2020: Court of Protection: London Borough of Tower Hamlets v PB [2020] EWCOP 34^B (03 July 2020)
Jul 2020: Court of Protection: Avon and Wiltshire Mental Health Partnership v WA & Anor [2020] EWCOP 37^B (16 July 2020)
Jul 2020: Court of Protection: A Local Authority v AB & Anor [2020] EWCOP 32^B (02 July 2020)
Jun 2020: Court of Protection: University Hospital Coventry and Warwickshire NHS Trust v K & Anor [2020] EWCOP 31^B (22 June 2020)
Jun 2020: Care and support statutory guidance
Jun 2020: Lucy Series - Making sense of Cheshire West
Jun 2020: Community Care - Government tells sector ‘not to prioritise’ Liberty Protection Safeguards preparations
Jun 2020: Court of Protection: AA Local Authority v RS (Capacity) [2020] EWCOP 29^B (22 June 2020
Jun 2020: Court of Protection: Barnsley Hospital NHS Foundation Trust v MSP [2020] EWCOP 26^B (01 June 2020)
Jun 2020: Guidance: Ordinary residence 7: 2020
May 2020: Mail - Woman, 30, is charged with murder after seven-year-old was stabbed to death as she played in park on Mother's Day
May 2020: Court of Protection: VE v AO & Ors [2020] EWCOP 23^B (05 May 2020)
May 2020: Dutch News - Coronavirus leads to delay in ‘opt out’ organ donation programme
May 2020: BBC - Coronavirus: 1,694 mental health patients discharged in 'error' Almost 1,700 mental health patients have been wrongly discharged from support services during the pandemic in north Wales.
May 2020: Court of Protection: A Local Authority v AW [2020] EWCOP 24^B (20 May 2020)
May 2020: Independent - Deaths in mental health hospitals double as coronavirus spreads
May 2020: Court of Protection: Hart & Anor v Large & Ors [2020] EWHC 985 (TCC) (22 May 2020) ? KKL Executor & Trustee Company Ltd v Harrison [2020] EWCOP 25^B (01 May 2020)
Apr 2020: Court of Protection: BP v Surrey County Council [2020] EWCOP 22^B (29 April 2020)
Apr 2020: Guardian - My mental health ward is not equipped for coronavirus. We feel like sitting ducks
Apr 2020: Guardian - Judge orders mental health patient to vacate bed for Covid-19 cases
Apr 2020: Guardian - Psychiatrists fear surge of Covid-19 cases in UK mental health units
Mar 2020: Doughty Street - How does the Coronavirus Bill change the Mental Health Act?
Mar 2020: Community Care - Social worker suspended for copying and pasting information between DoLS forms The tribunal said the practitioner had acted in a "dishonest, irresponsible and reckless manner"
Mar 2020: Community Care - Coronavirus legislation becomes law, allowing ministers to suspend key Care Act duties
Mar 2020: Guardian - Graham Enderby obituary
Mar 2020: Gazette - First all-Skype trial tests crisis working at CoP
Mar 2020: Cheshire Live - Macclesfield care worker 'shocked' colleagues when his actions were caught on CCTV
Mar 2020: Court of Protection: Sunderland City Council v AS & Ors [2020] EWCOP 13^M (20 March 2020)
Mar 2020: BBC - Coronavirus: Care home residents could be 'cocooned'
Mar 2020: Quartz - Ethicists agree on who gets treated first when hospitals are overwhelmed by coronavirus
Mar 2020: HSJ - Trusts told: Forget the rules, get people out of hospital
Mar 2020: Court of Protection: A Clinical Commissioning Group v AF & Ors [2020] EWCOP 16^B (27 March 2020)
Feb 2020: WSJ - Trump Takes a Stand for the Mentally Ill
Jan 2020: Guardian - British girl who won life support legal battle is out of intensive care
Jan 2020: Gazette - When to disapply subordinate legislation
Jan 2020: Elderly abuse suspect could be allowed to starve himself to death, judge says Judge says there is evidence the man has mental capacity to decide to starve himself
Jan 2020: BBC - Whorlton Hall abuse: Care watchdog wrong not to publish critical 2015 report
Dec 2020: Re AA (Capacity to consent to sexual practices) [2020] EWCOP 66
Nov 2020: NHS - Assessing capacity - Consent to treatment States "Situations that must always be referred to the courts include: ... withdrawal of nutrition and hydration from a person who's in a permanent vegetative state or minimally conscious state" (Tor Butler-Cole pointed out that this is wrong following An NHS Trust & Ors v Y [2018] UKSC 46^M (30 July 2018)) - still online on 15/4/21... NHS, 'Consent to treatment' (last reviewed 29/3/19)
Nov 2020: 39 Essex Chambers - November Mental Capacity Report and walkthrough
Nov 2020: Court of Protection Handbook quarterly update – November 2020
Nov 2020: Court of Protection: AMDC v AG & Anor [2020] EWCOP 58^M (18 November 2020)
Oct 2020: Court of Protection: P v Griffith [2020] EWCOP 46^M (02 October 2020)
Oct 2020: "Important guidance from the VP, Mr Justice Hayden, regarding crucial exceptions to the new regulations (Tier 3 restrictions) in respect of visiting persons in hospices and care homes." (COPPA) Court of Protection, 'COVID-19 restrictions and the Court of Protection' (15/10/20)
Oct 2020: Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43^M (30 October 2020)
Oct 2020: 39 Essex Chambers Mental Capacity October Report now out – and walkthrough
Sep 2020: Amended civil finance electronic handbook
Sep 2020: Gov.uk - The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic: additional guidance - DHSC, 'The MCA and DOLS during the coronavirus pandemic: additional guidance' (updated 12/1/21)
Aug 2020: Birmingham Women's and Children's NHS Foundation Trust v JB [2020] EWHC 2595 (Fam)
Apr 2020: Court of Protection: London Borough of Tower Hamlets v A & Anor [2020] EWCOP 21^M (23 April 2020)
Mar 2020: Court of Protection: SF, Re [2020] EWCOP 15^M (25 March 2020)
Mar 2020: Court of Protection: The Health Service Executive of Ireland v Moorgate [2020] EWCOP 12^M (11 March 2020)
Mar 2020: Court of Protection: QD (Habitual Residence) (No.2) [2020] EWCOP 14^M (25 March 2020)
Mar 2020: Court of Protection: Sherwood Forest Hospitals NHS Foundation Trust v C [2020] EWCOP 10^M (27 February 2020)
Mar 2020: Court of Protection: ACC & Ors ( property and affairs deputy ; recovering assets costs for legal proceedings) [2020] EWCOP 9^M (27 February 2020 )
Feb 2020: Court of Protection: Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 6^M (03 February 2020)
Feb 2020: Court of Protection: Cardiff & Vale University Health Board v P [2020] EWCOP 8^M (21 February 2020)
Jan 2020: Court of Protection: Serious Medical Treatment, Guidance [2020] EWCOP 2^M (17 January 2020)
Jan 2020: Court of Protection: Guys And St Thomas NHS Foundation Trust (GSTT) & Anor v R [2020] EWCOP 4^M (29 January 2020)
Jan 2020: Court of Protection: QJ v A Local Authority [2020] EWCOP 3^M (21 January 2020)
Jan 2020: Court of Protection: D (A young man), Re [2020] EWCOP 1^M (20 January 2020)