Todo:2024

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Dec 2024: MHA as it would be amended https://bills.parliament.uk/publications/57318/documents/5482 - https://bills.parliament.uk/bills/3884/publications
Dec 2024: ABW v Secretary of State for the Home Department [2024] EWHC 3205 (Admin)^B (12 December 2024) ?
Dec 2024: MH Bill seminars https://www.doughtystreet.co.uk/form/a-deep-dive-into-the-mental-heal
Dec 2024: Francesca Whyatt's death - sentencing remarks - https://www.judiciary.uk/wp-content/uploads/2023/11/2023-11-14-PRIORY-HEALTHCARE-LIMITED-Sentencing-remarks.pdf https://www.judiciary.uk/judgments/rex-health-and-safety-executive-v-priory-healthcare-limited/
Dec 2024: https://www.england.nhs.uk/wp-content/uploads/2023/04/20241128-Nottinghamshire-Healthcare-NHSFT-Undertakings-Final.pdf
Dec 2024: Bank accounts locked and cash withdrawn after elderly gave power to law firm partner https://www.bbc.co.uk/news/articles/cp3zd40kdgyo
Dec 2024: AB v Watson & Anor (In the Matter of a Patient) [2024] NICA 76^B (29 November 2024)
Dec 2024: ZX (Capacity to Engage in Sexual Relations) [2024] EWCA Civ 1462^B (03 December 2024) & ICLR †
Dec 2024: XY (Withdrawal of Treatment) [2024] EWCA Civ 1466^B (29 November 2024)
Dec 2024: Consultation outcome - Possible amendments to the power to set-aside a decision: consultation response - Updated 6 December 2024 https://www.gov.uk/government/consultations/possible-amendments-to-the-power-to-set-aside-a-decision - Tribunal Procedure Committee, 'Consultation on possible amendments to the power to set-aside a decision' (consultation from 15/5/24 to 7/8/24)
Nov 2024: RB v UK 2017 https://hudoc.echr.coe.int/eng?i=001-177719 - link with RB v Brighton and Hove CC [2014] EWCA Civ 561^M, [2014] MHLO 25
Nov 2024: King's College Hospital NHS Foundation Trust v XY & Ors [2024] EWCOP 68^B (11 November 2024)† - death
Nov 2024: R & Anor v A & Anor [2024] EWFC 341^B (27 November 2024)† - surrogacy
Nov 2024: Northampton General Hospital NHS Trust v Mercer [2024] EWHC 2515 (KB)^B (Hearing 4 October 2024)† - bed blocking
Nov 2024: Neutral Citation Number: [2024] EWHC 2515 (KB)^B
Nov 2024: Kimber v Kimber [2000] 1 FLR 383^{Not on Bailii!} - cohabitation
Nov 2024: Cheshire West revisited: deprivation of liberty and children https://ukhumanrightsblog.com/2024/11/22/cheshire-west-revisited-deprivation-of-liberty-and-children/
Nov 2024: J : Local Authority consent to Deprivation of Liberty, Re [2024] EWHC 1690 (Fam)^M (25 June 2024)
Nov 2024: Fluctuating capacity, the “longitudinal approach” and practical dilemmas https://localgovernmentlawyer.co.uk/adult-social-care/307-adult-care-features/59176-fluctuating-capacity-the-longitudinal-approach-and-practical-dilemmas
Nov 2024: "Mandation letter for the P&A Deputy online submissions portal" emails 19/11/24 and 28/11/24 (updated)
Nov 2024: Eldergill, A., Are all incapacitated people confined in a hospital, care home or their own home deprived of liberty? ERA Forum 19, 511–535 (2019).135
Nov 2024: Updates in the draft new Victims’ Code - Updated 14 May 2024 https://www.gov.uk/government/publications/victims-and-prisoners-bill/0f311a12-7341-47a6-85cb-c5a3d11f606a#right-7-to-make-a-victim-personal-statement-1
Nov 2024: Interim report - Creating conditions for learning from deaths and near misses in inpatient and community mental health services: Assessment of suicide risk and safety planning 12/09/2024 https://www.hssib.org.uk/patient-safety-investigations/mental-health-inpatient-settings/interim-report/
Nov 2024: https://assets.childrenscommissioner.gov.uk/wpuploads/2024/11/cc-deprivation-of-liberty.pdf
Nov 2024: Great Ormond Street Hospital for Children NHS Foundation Trust v Braqi & Anor [2024] EWHC 2910 (Fam)^B
Nov 2024: Mental Health Bill: European Convention on Human Rights memorandum 14/11/24 https://www.gov.uk/government/publications/mental-health-bill-european-convention-on-human-rights-memorandum
Nov 2024: Procedure for Determining Mental Capacity in Civil Proceedings Final Report November 2024 https://www.judiciary.uk/related-offices-and-bodies/advisory-bodies/cjc/current-work/procedure-for-determining-mental-capacity-in-civil-proceedings/
Nov 2024: Final minutes and action points following the COP General User Group meeting held on 16 October 2024 (email 11/11/24)
Nov 2024: Upper Tribunal Rules: Consolidated version updated 13 June 2024 https://www.gov.uk/government/publications/upper-tribunal-procedure-rules
Nov 2024: 2024 cost assessment guidance (September 2024) https://assets.publishing.service.gov.uk/media/66f13cfa76558d051527abb9/Costs_Assessment_Guidance_2024_SCC_-_Version_1a-_23_September_2024.pdf - Legal Aid Agency, 'Costs Assessment Guidance: for use with the 2018 Standard Civil Contracts' (v10, December 2023)
Nov 2024: Lord Chancellor's guidance on determining financial eligibility for certificated work (August 2023) https://assets.publishing.service.gov.uk/media/64f1cf309ee0f2000fb7bda7/Lord_Chancellor_s_guide_to_determining_financial_eligibility_for_certificated_work__August_2023_.pdf Legal Aid Agency, 'Lord Chancellor’s guidance on determining financial eligibility for certificated work' (January 2021)
Nov 2024: https://www.gov.uk/manage-missing-persons-finances
Oct 2024: The state of health care and adult social care in England 2023/24 https://www.cqc.org.uk/publications/major-report/state-care
Oct 2024: M Wright v The Governing Body of Cardinal Newman Catholic School and C Jarman: 2300640/2019 https://www.gov.uk/employment-tribunal-decisions/m-wright-v-the-governing-body-of-cardinal-newman-catholic-school-and-c-jarman-2300640-slash-2019 †
Oct 2024: International Journal of Law and Psychiatry Volume 94, May–June 2024, 101981 ‘I was going into it blind’: Nearest Relatives, legal literacy, and the Mental Health Act 1983 https://www.sciencedirect.com/science/article/pii/S016025272400030X
Oct 2024: An NHS Trust v Mother & Ors [2024] EWHC 2207 (Fam)^B (22 August 2024)
Oct 2024: https://www.gov.uk/government/consultations/reply-to-consultation-and-further-consultation-on-possible-amendments-to-the-tribunal-procedure-first-tier-tribunal-health-education-and-social-ca
Oct 2024: https://www.gov.uk/government/publications/mental-health-casework-first-tier-tribunal-guidance
Oct 2024: add from https://www.gov.uk/government/collections/working-with-restricted-patients
Oct 2024: https://www.gov.uk/mental-health-tribunal-victim-representations
Oct 2024: pfd response https://www.judiciary.uk/wp-content/uploads/2021/06/2021-0194-Response-from-MoJ_Published.pdf
Oct 2024: Oxford Health NHS (23 008 538a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-008-538a Statement Upheld Mental health services 02-Sep-2024 Summary: "Ms X complained about Oxfordshire County Council, Oxford Health NHS Foundation Trust, and NHS Buckinghamshire, Oxfordshire and Berkshire West Integrated Care Board. She complained about faults relating to aftercare under section 117 of the Mental Health Act 1983. We have upheld Ms X’s complaints about discharge, assessment, care planning and personal health budgets. We did not uphold the rest of Ms X’s complaints. The organisations have accepted our recommendations, so we have completed our investigation."
Oct 2024: https://www.cqc.org.uk/publications/nottinghamshire-healthcare-nhsft-special-review
Oct 2024: https://www.39essex.com/sites/default/files/Guidance-Note-Capacity-and-Housing-Issues-May-2022.pdf
Oct 2024: https://www.cqc.org.uk/publications/nottinghamshire-healthcare-nhsft-special-review-part2
Oct 2024: https://www.health-ni.gov.uk/publications/mental-health-and-learning-disability-inpatients-202324
Oct 2024: https://www.gov.uk/government/statistics/stop-and-search-arrests-and-mental-health-detentions-march-2024
Oct 2024: Improving cross-sector support for children in complex situations with multiple needs task and finish group https://www.gov.uk/government/groups/improving-cross-sector-support-for-children-in-complex-situations-with-multiple-needs-task-and-finish-group
Oct 2024: Stockton-on-Tees Borough Council (23 018 947) https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/23-018-947 Upheld 29/7/24 Summary: "Ms Y complained that professionals failed to understand her mother’s personality and wrongly determined she lacked capacity. Ms Y said this led to a decision to transfer her mother to a nursing home which caused her distress. In addition, she said it led to a hospital and a nursing home placing unnecessary restrictions on her mother. We have not found fault in the way professionals considered Mrs X’s capacity. However, we have found fault in the way a Council considered Mrs X’s best interests before placing her in a nursing home. This caused avoidable distress and we have recommended an apology and a small financial payment."
Oct 2024: Law Commission - Disabled Children’s Social Care https://lawcom.gov.uk/project/disabled-childrens-social-care/ The consultation is open until 20 January 2025.
Oct 2024: October 4, 2024 Alix Knowles: Prevention of Future Deaths Report https://www.judiciary.uk/prevention-of-future-death-reports/alix-knowles-prevention-of-future-deaths-report/ This report is being sent to: NHS England / Derby and Burton Hospital / Royal Stoke University Hospital
Oct 2024: 39 Essex Chambers - Carrying out and recording capacity assessments March 2023 https://www.39essex.com/sites/default/files/2023-03/Mental%20Capacity%20Guidance%20Note%20Capacity%20Assessment%20March%202023.pdf https://www.39essex.com/information-hub/insight/mental-capacity-guidance-note-assessment-and-recording-capacity https://www.mentalcapacitylawandpolicy.org.uk/39-essex-chambers-guidance-note-carrying-out-and-recording-capacity-assessments-updated/
Oct 2024: Tees Esk & Wear Valleys NHS Trust (23 018 947b) https://www.lgo.org.uk/decisions/health/mental-health-services/23-018-947b - Statement Not upheld Mental health services 29-Jul-2024 - "Summary: Ms Y complained that professionals failed to understand her mother’s personality and wrongly determined she lacked capacity. Ms Y said this led to a decision to transfer her mother to a nursing home which caused her distress. In addition, she said it led to a hospital and a nursing home placing unnecessary restrictions on her mother. We have not found fault in the way professionals considered Mrs X’s capacity. However, we have found fault in the way a Council considered Mrs X’s best interests before placing her in a nursing home. This caused avoidable distress and we have recommended an apology and a small financial payment."
Oct 2024: G v Human Fertilisation & Embryology Authority & Anor [2024] EWHC 2453 (Fam)^B (30 September 2024) ?
Oct 2024: Sriram v Revenue & Customs & Anor [2024] EWHC 853 (Ch)^B (19 April 2024)†
Oct 2024: Y NHS Foundation Trust v AN & Anor [2024] EWHC 805 (Fam)^B†
Oct 2024: Alder Hey Childrens NHS Foundation Trust (23 014 011a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-014-011a Statement Closed after initial enquiries Mental health services 29-Feb-2024 Summary: "We will not investigate Mrs X’s complaint about Sefton Metropolitan Borough Council not adhering to court orders, and the actions of a specific Social Worker. There is an ongoing Social Work England investigation, and Mrs X is planning to take legal action against the Council. We consider those bodies are better placed to consider her complaints."
Oct 2024: 2 October 2024 – Notice of outcome: 2024 Standard Civil Contract. "The procurement processes for the 2024 Standard Civil Contract have concluded. 1236 providers have been issued contracts across eleven categories of law. In addition, Housing Loss Prevention Advice Services have also commenced following the conclusion of the procurement processes. The directory of providers has been updated accordingly. A list of successful providers can be found in the ‘documents’ section above." https://www.gov.uk/government/publications/additional-procurement-civil-2024-contract-procurement-process?#full-publication-update-history - https://www.gov.uk/government/publications/directory-of-legal-aid-providers? - https://www.gov.uk/government/publications/civil-2024-contract-procurement-process?
Oct 2024: [Prioritise] RM, Re Application for Judicial Review (Northern Ireland) (Rev1) [2024] UKSC 7^B (21 February 2024) incl ICLR† "These appeals concern the proper meaning and operation of provisions governing the discharge from hospital of a mentally disordered patient who is compulsorily detained in a hospital for medical treatment, and their inter-relationship with provisions governing the use of leave of absence from hospital as a means of transitioning from secure conditions to discharge, contained in the Mental Health (Northern Ireland) Order 1986 (SI 1986/595 (NI 4)) ("the 1986 Order")."
Oct 2024: ABQ, R. v [2024] EWCA Crim 310^B (08 February 2024)†
Oct 2024: JR325 (A Minor), Application for Judicial Review [2024] NIKB 75^B (26 September 2024) "The applicant seeks to challenge Articles 44, 49(1) and 49(4A) of the Mental Health (Northern Ireland) Order 1986"
Oct 2024: Parkin, R (On the Application Of) v His Majesty's Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin)^B (28 March 2024)†
Oct 2024: Social Work England v Spence [2024] EWHC 827 (Admin)^B (12 April 2024)†
Oct 2024: Wilson & Anor v Frost & Anor (Rev1) [2024] EWHC 573 (Ch)^B (18 March 2024)?†
Oct 2024: A Council v An NHS Foundation Trust & Ors [2024] EWHC 874 (Fam)^B (26 January 2024)†
Oct 2024: MOP Healthcare Limited (22 001 140) https://www.lgo.org.uk/decisions/adult-care-services/residential-care/22-001-140-report Report Upheld Residential care 11-Apr-2024 Summary: "The Local Government and Social Care Ombudsman investigated a complaint about residential services provided to the late Mr X. We found MOP Healthcare Limited: did not properly assess Mr X’s mental capacity after he attempted suicide; failed to process a Deprivation of Liberty safeguard application appropriately; took overly restrictive steps to deprive Mr X of his liberty by continuing 1-1 care despite his social worker and a Community Psychiatric Nurse advising less restrictive measures could be used to maintain his safety; charged Mr X an additional £2,520 a week for the 1-1 care. This meant Mr X was under constant supervision for the last 9 months of his life in Barrowhill Hall Care Home, even when on end-of-life care, due to a flawed capacity assessment. The complainant suffered significant distress and financial loss. The faults could also risk similar restrictions happening to other people."†
Oct 2024: NHS East London NHS Foundation Trust (22 004 688a) https://www.lgo.org.uk/decisions/health/mental-health-services/22-004-688a Statement Not upheld Mental health services 21-Feb-2024 Summary: "We uphold Ms Y’s complaint about the care and treatment of her sister, Ms X. We found fault by the Care Home in the care it provided to Ms X’s and its record keeping. We also found fault in the way the Mental Health Trust communicated with Ms Y. This meant Ms X did not always receive the care she was entitled to. Ms Y has also been caused distress, frustration and uncertainty. We recommend the Care Home and the Mental Health Trust apologise to Ms Y. The Care Home will also pay Ms Y £200."
Oct 2024: Delargy v Oxleas NHS Foundation Trust [2022] EWHC 3696 (KB)^B (20 May 2022)†
Oct 2024: Lukes v Kent & Medway NHS & Social Care Partnership Trust & Anor [2024] EWHC 753 (KB)^B (15 April 2024)†
Sep 2024: Kettering General Hospital NHS Foundation Trust v C & Anor [2023] EWFC 12^B (31 January 2023) ?
Sep 2024: J, Re (Transgender: Puberty Blocker and Hormone Replacement Therapy) [2024] EWHC 922 (Fam)^B (01 May 2024)
Sep 2024: Nyang v G4S Care & Justice Services Ltd & Ors [2013] EWHC 3946 (QB)^B (11 December 2013) - old case
Sep 2024: Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors [2024] EWCA Civ 138^B (20 February 2024) incl ICLR† on appeal from Lewis-Ranwell v G4S Health Services (UK) Ltd [2022] EWHC 1213 (QB)
Sep 2024: Camden and Islington NHS Foundation Trust (23 019 283a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-019-283a Statement Closed after initial enquiries Mental health services 17-Jun-2024 Summary: Mr B complained about the assessment and decision to detain him under the Mental Health Act, and the care provided in hospital. We will not investigate Mr B’s complaint about the decision to detain him under the Mental Health Act, as he has previously appealed this decision at the mental health tribunal. We will not investigate Mr B’s complaint about the care he received while he was staying on the hospital ward, as it is unlikely an investigation would add to the response Mr B has already received from the Trust.
Sep 2024: MTA v The Lord Chancellor [2024] EWCA Civ 965^B (13 August 2024) incl ICLR on appeal from MTA v Commissioner of Police of the Metropolis & Anor [2023] EWHC 117 (KB)^B (25 January 2023)†
Sep 2024: FXJ v Secretary of State for the Home Department & Anor [2023] EWCA Civ 1357^B (20 November 2023) ? incl ICLR †
Sep 2024: Norfolk & Suffolk NHS Foundation Trust (23 005 445a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-005-445a - Statement Upheld Mental health services 18-Jul-2024 - Summary: We investigated a complaint about the care and support provided to Mr O’s late brother Mr K by a Council and NHS Trust. We found fault by both organisations. The Council took too long to allocate Mr K a social worker and too long to respond to Mr O’s complaints. The Trust took too long to act on concerns about Mr K’s fitness to drive or to arrange an assessment of his mental capacity. The communication between the Council and Trust was also poor at times. These failings caused Mr O and Mr K avoidable distress and frustration. The organisations have agreed to apologise, pay a financial remedy, and take actions to improve their services.
Sep 2024: The Official Receiver v Djurberg [2024] EWHC 1938 (Ch)^B (29 July 2024)
Sep 2024: PC, Re [2024] EWCA Civ 895^B (31 July 2024) on appeal from NHS North Central London Integrated Care Board v PC & Ors [2024] EWCOP 31 (T3)^B (23 May 2024)
Sep 2024: Avon & Wiltshire Mental Health Partnership NHS Trust (23 012 177a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-012-177a Statement Upheld Mental health services 12-Jun-2024 Summary: Avon & Wiltshire Mental Health Partnership NHS Trust did not appropriately record Miss X’s reasonable adjustments during a meeting. That did not cause her an injustice but the Trust should still take action to stop similar fault happening to others. Also, an Approved Mental Health Professional for North Somerset Council did not inform Mr X of his rights as Miss X’s nearest relative following a Mental Health Act assessment. The Council should apologise for the frustration caused to him.
Sep 2024: Bond & Anor v Webster & Ors [2024] EWHC 1972 (Ch)^B (02 August 2024)†
Sep 2024: Leicestershire Partnership NHS Trust (23 015 902a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-015-902a Statement Closed after initial enquiries Mental health services 03-Jun-2024 Summary: We will not investigate Miss Y’s complaints. She has already appealed the decision to detain her under Section 3 of the Mental Health Act to the First Tier Tribunal (Mental Health). Also, the Parliamentary and Health Service Ombudsman is better placed to consider her complaints about transfer between hospitals and care and treatment under Section 3.
Sep 2024: MK, Re (Deprivation of Liberty and Tier 4 Beds) [2024] EWHC 1553 (Fam)^B (24 May 2024)
Sep 2024: BC, Re (Child in Care: Change of Forename and Surname) [2024] EWHC 1639 (Fam)^B (26 June 2024)
Sep 2024: NHS Northamptonshire ICB (22 009 742a) https://www.lgo.org.uk/decisions/health/mental-health-services/22-009-742a Statement Upheld Mental health services 29-Apr-2024 Summary: Miss D complained about the lack of mental health and social care provided to her son, Mr B, when he was discharged from hospital. She said this led to a lack of joint working between the Council, the Trust and the Integrated Care Board (ICB). She said they did not make reasonable adjustments when communicating with Mr B. Miss D also complained about the way the ICB handled her complaint. We found fault in the way they organisations considered and provided support to meet Mr B’s holistic mental health and social care needs. They did not properly consider their duty to make reasonable adjustments when communicating with him. The ICB’s complaint handling was poor, and it failed to provide Miss D with a satisfactory complaint response. The organisations agreed to our recommendations and will apologise to Miss D and Mr B, they will make symbolic payments, assess Mr B’s holistic needs and issue guidance to their staff in areas where they need to improve.
Sep 2024: South West London & St. Georges Mental Health NHS Trust (23 017 445a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-017-445a Statement Closed after initial enquiries Mental health services 06-May-2024 Summary: We will not investigate Mr X’s complaint about the decision to detain him under Section 2 of the Mental Health Act 1983. This is because Mr X appealed this decision to the First Tier Tribunal (Mental Health). This means we are prevented from investigating this complaint.
Sep 2024: Gloucester Health & Care NHS Foundation Trust (23 017 881a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-017-881a Statement Closed after initial enquiries Mental health services 23-May-2024 Summary: Mrs A complains about the section 117 aftercare being provided to her sister, Ms B. We should not investigate this complaint because the Trust has already admitted fault and taken steps to remedy the injustice to Ms B. Further investigation would not achieve anything more.
Sep 2024: NHS Dorset ICB (23 014 444b) "We found no fault by a Council and Trust in terms of their decision to change Miss Y’s support arrangements. However, we did find fault with how they communicated those changes to Miss Y and her mother, Mrs X. The Council and Trust will apologise for this and make changes to prevent similar problems occurring in future. They will also make a symbolic payment to Miss Y and Mrs X to recognise the distress this caused them." https://www.lgo.org.uk/decisions/health/mental-health-services/23-014-444b
Sep 2024: Stockport Metropolitan Borough Council (23 009 985) "There was fault by the Council and a care home it commissioned: Mrs Y was deprived of her liberty without an authorisation, there was a failure to involve her attorney in a best interest meeting to decide on a new placement, a complaint response lacked detail and a private contract should not have been issued. This caused avoidable confusion, frustration and distress. The Council will apologise and make symbolic payments. It will also review procedures for assessing cases referred for deprivation of liberty assessments to ensure these take place within the required legal timeframes." https://www.lgo.org.uk/decisions/adult-care-services/residential-care/23-009-985
Sep 2024: London Borough of Islington v A Parent (Special Educational Needs) (Rev1) [2024] UKUT 252 (AAC)^B (20 August 2024) ?
Sep 2024: NHS Norfolk and Waveney ICB (23 019 114b) Summary: We will not investigate Mr X’s complaint about the decision to detain him under the Mental Health Act, or about how he was interviewed during the assessment. This is because it was reasonable for Mr X to appeal to the mental health tribunal about the decision, and because it is unlikely we would add to the response he has already received about the assessment. https://www.lgo.org.uk/decisions/health/mental-health-services/23-019-114b
Sep 2024: Mental Capacity Act 2005, Deprivation of Liberty Safeguards, 2023-24 - 22/8/24 https://digital.nhs.uk/data-and-information/publications/statistical/mental-capacity-act-2005-deprivation-of-liberty-safeguards-assessments/2023-24/introduction-and-key-points
Sep 2024: London Borough of Barking & Dagenham (23 018 262) "Summary: Ms X complained the Council billed her daughter for £20,000 in care charges for the time she spent in supported living from 2015 to 2022. Ms X says her daughter cannot manage her own finances and it failed to tell Ms X about the care charges. The Council has accepted fault for failing to complete a capacity assessment of Ms X’s daughter or keep either Ms X or her daughter suitably informed about care charges. The Council has offered to remove £15,339.64 worth of care charges from 2019 to December 2022. This is a suitable offer to reflect the fault. The Council also agreed to apologise to Ms X for delays in confirming the care charges owed from January 2023 to June 2023 and offer a payment arrangement to repay this balance owed." https://www.lgo.org.uk/decisions/adult-care-services/charging/23-018-262
Sep 2024: PINDO MULLA v. SPAIN - 15541/20 (Right to respect for private and family life (Article 8-1 - Respect for private life) (Article 9 - Freedom of thought, conscience and religion;Article 9-1 - Freedom of religion) : Preliminary objection dismissed : Grand Chamber) [2024] ECHR 753^B (17 September 2024)
Sep 2024: Principles of Care for Children with Complex Needs https://www.nuffieldfjo.org.uk/resource/principles-of-care-for-children-with-complex-needs
Sep 2024: FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea [2024] EWHC 780 (Admin)^B (09 April 2024)
Sep 2024: October 11, 2023 Revised Practice Guidance on the Court’s approach to unregistered placements https://www.judiciary.uk/guidance-and-resources/revised-practice-guidance-on-the-courts-approach-to-unregistered-placements/
Sep 2024: Re U [2024] EWHC 228 (Fam)^B
Sep 2024: Right Care, Right Person - July 2023
Sep 2024: VT v NHS Cambridgeshire And Peterborough Integrated Care Board & Anor [2024] EWHC 294 (Fam)^B (14 February 2024)
Sep 2024: St Helens MBC, LGSCO 23 006 977 - deputyship fees disability-related expenditure
Sep 2024: Bryan, R (On the Application Of) v His Majesty's Assistant Coroner for Buckinghamshire [2024] EWHC 26 (Admin)^B (12 January 2024)
Sep 2024: https://www.gov.uk/government/publications/debt-respite-scheme-breathing-space-guidance/debt-respite-scheme-breathing-space-guidance-for-money-advisers
Sep 2024: R (SB) v Newham LBC [2023] EWHC 2701 (Admin)^B
Sep 2024: Clark v Chief Constable of Merseyside Police [2023] EWHC 2565 (KB)^M
Sep 2024: YR, Re (Deprivation of Liberty - Care Order - Principles of Care) [2024] EWHC 564 (Fam)^B (12 March 2024)† (JR)
Sep 2024: October 11, 2023 Revised National Listing Protocol for applications that seek Deprivation of Liberty Orders relating to children under the inherent jurisdiction https://www.judiciary.uk/guidance-and-resources/revised-national-listing-protocol-for-applications-that-seek-deprivation-of-liberty-orders-relating-to-children-under-the-inherent-jurisdiction/
Sep 2024: September 11, 2024 Phephisa Mabusa: Prevention of Future Deaths Report Mental Health related deaths https://www.judiciary.uk/prevention-of-future-death-reports/phephisa-mabusa-prevention-of-future-deaths-report/
Sep 2024: Oliver v Oliver [2024] EWHC 2289 (Ch)^B (09 September 2024) Testamentary capacity
Sep 2024: Admin court JR guide Oct 2024 https://www.judiciary.uk/wp-content/uploads/2024/09/24.85_HMCTS_Administrative_Court_Guide_2024_WEB1.pdf - https://www.judiciary.uk/guidance-and-resources/the-administrative-court-judicial-review-guide-2024-has-been-published/
Sep 2024: "Mental Health & Justice was a Wellcome Trust-funded multi-disciplinary research initiative, running between 2017-2023, addressing a cluster of public policy challenges that arise where mental health and mental healthcare interact with human rights principles.".https://www.kcl.ac.uk/research/mental-health-and-justice
Sep 2024: Capacity Guide - Guidance for clinicians and social care professionals on the assessment of capacity https://capacityguide.org.uk/
Sep 2024: Mental health rehab - the forgotten patients - Adam Eley speaks to patients with the most complex mental health needs who were sent by the NHS to specialist rehabilitation units, where they say their condition got worse. - File on 4 - https://www.bbc.co.uk/programmes/m0013hrt
Sep 2024: Judges want prison sentences to be even shorter https://howardleague.org/wp-content/uploads/2024/09/Sentencing-inflation-a-judicial-critique_September-2024.pdf
Sep 2024: What is the Lampard Inquiry and what could it change? https://www.bbc.co.uk/news/articles/c9qgyye3y2wo
Sep 2024: https://www.lawgazette.co.uk/practice-points/new-release-provisions-for-prisoners-and-what-they-mean-in-practice/5120702.article
Sep 2024: Imprisonment for Public Protection: Changes to Licence - Statement made on 5 September 2024 https://questions-statements.parliament.uk/written-statements/detail/2024-09-05/hcws72
Sep 2024: TPC minutes 2 May and 6 June 2024 https://www.gov.uk/government/organisations/tribunal-procedure-committee/about
Sep 2024: https://www.gov.uk/government/news/the-2024-standard-civil-contract-now-live
Sep 2024: Seabrooke Manor Ltd, R (On the Application Of) v Care Quality Commission [2024] EWHC 2203 (Admin)^B (27 August 2024)
Aug 2024: Upload explanatory note to Powers of Attorney Act 2023
Aug 2024: As of 2024, Neutral Citation Numbers for judgments of the Court of Protection include suffixes to identify the level of the judge issuing the judgment (e.g., [2024] EWCOP XX (T1)): https://www.bailii.org/ew/cases/EWCOP/
Aug 2024: Surety bonds: Public Guardian practice note https://www.gov.uk/government/publications/public-guardian-practice-note-surety-bonds - updated 24/8/24 - "The Scheme is administered by Marsh Limited, Howdens no longer offer new bonds."
Aug 2024: Statutory guidance: Care Act 2014: supporting implementation https://www.gov.uk/government/publications/care-act-statutory-guidance - 12 August 2024 - Updated the attachment 'DHSC’s position on the determination of ordinary residence disputes in light of the outcome of the Worcestershire case' following the Worcestershire judgement. Statutory guidance: DHSC’s position on the determination of ordinary residence disputes in light of the outcome of the Worcestershire case https://www.gov.uk/government/publications/care-act-statutory-guidance/d4264958-c0b8-487b-8491-e7dfb79d8f4f
Aug 2024: NHS Leicester, Leicestershire and Rutland Integrated Care Board (23 015 902b) - LGSCO - "We will not investigate Miss Y’s complaints. She has already appealed the decision to detain her under Section 3 of the Mental Health Act to the First Tier Tribunal (Mental Health). Also, the Parliamentary and Health Service Ombudsman is better placed to consider her complaints about transfer between hospitals and care and treatment under Section 3." https://www.lgo.org.uk/decisions/health/mental-health-services/23-015-902b
Aug 2024: E v The Child and Family Agency of Ireland & Ors [2024] EWHC 1778 (Fam)^B (09 July 2024) ? ("The impact of the order, in Ireland, is to authorise E's detention in a special care unit; authorise E's release for the purposes specified in the order") †
Aug 2024: An NHS Trust v Mother & Ors [2024] EWHC 2207 (Fam)^B (22 August 2024) - Parental consent to medical treatment
Aug 2024: MOJ Generic Parole Process Policy Framework 16/8/23 https://assets.publishing.service.gov.uk/media/64dc8d80c8dee400127f1d59/generic-parole-process-pf.pdf
Aug 2024: Central & North West London NHS Foundation Trust (23 019 903a) https://www.lgo.org.uk/decisions/health/mental-health-services/23-019-903a Statement Closed after initial enquiries Mental health services 26-Jun-2024 Summary: Mr B has complained about the delay by a Trust, Council and Integrated Care Board in discharging him from section 117 of the Mental Health Act aftercare. Mr B said the delay led to distress, and anxiety. We will not investigate this complaint as, although there was a delay in informing Mr B of the discharge, he has received an apology and we would not add anything further by investigating the case.
Aug 2024: How many have to die before we learn lessons from killings by the mentally ill? http://digitaleditions.telegraph.co.uk/data/1791/reader/reader.html
Aug 2024: Sainsbury/MHAC - back on track 2005 https://archive.org/details/backontrackcpaca0000unse/mode/1up
Aug 2024: Stacks of old books and documents https://archive.org/search?query=%22Mental+Health+Act+1983%22 - https://archive.org/search?query=%22Mental+capacity+act+2005%22 - https://archive.org/search?query=%22Mental+health+law%22
Aug 2024: JCHR - Mental Health Act 1983 (Remedial) Order 2001 : report, together with the proceedings of the Committee relating to the report and appendices https://archive.org/details/b32227218
Aug 2024: Review of the Mental Health Act 1983 : report of the Expert Committee - 1999 https://archive.org/details/reviewofmentalhe0000grea_v6n4/mode/1up
Aug 2024: MHAC 3rd report https://archive.org/details/thirdbiennialrep0000grea
Aug 2024: MHAC Research involving detained patients https://archive.org/details/b32228028/mode/1up
Aug 2024: Jones manual edition 0 https://archive.org/details/mentalhealthact10000grea_m7l7/mode/1up
Aug 2024: Paul Barber, Mental health law in England and Wales : a guide for mental health professionals (2nd edition 2012) https://archive.org/details/mentalhealthlawi0000barb/mode/1up
Aug 2024: Mental health law: a practical guide 2005 book https://archive.org/details/mentalhealthlawp0000unse/page/n2/mode/1up
Jun 2024: Northern Health and Social Care Trust, Application for Judicial Review [2024] NICA 44^B (28 February 2024) - JR by trust of review tribunal discharge decision
May 2024: Final minutes and action points following the COP General User Group meeting held on 23 April 2024 (see email 23/5/24)
May 2024: Muir v Astra Zeneca UK Limited Case No: 2405955/2021 - summarised in https://localgovernmentlawyer.co.uk/employment/312-employment-features/57406-employees-and-mental-health
May 2024: Mental Health Act reform – impacts on autistic people and people with a learning disability https://post.parliament.uk/research-briefings/post-pn-0722/
May 2024: https://thesmallplaces.wordpress.com/2024/05/24/you-dont-need-to-demonstrate-mental-capacity-to-be-allowed-to-vote/
May 2024: Griffiths, Application to Set Aside [2023] PBSA 24^B (28 April 2023). Release of MHA patient by Parole Board set aside.
May 2024: Mental Health Act reform – impacts on autistic people and people with a learning disability https://post.parliament.uk/research-briefings/post-pn-0722/
May 2024: McLaughlin (Opinion No. 2) v Morrison & Anor [2013] ScotCS CSOH_168 (25 October 2013) [2013] CSOH 168^{Not on Bailii!} https://www.bailii.org/scot/cases/ScotCS/2013/2013CSOH168.html
May 2024: Neglect led to man’s death at mental health unit (Ablett mental health unit at Glan Clwyd Hospital in Bodelwyddan, Denbighshire - Betsi Cadwaladr health board) https://www.bbc.co.uk/news/articles/ceq3jgpxw69o
Mar 2024: Civil Justice Council Procedure for Determining Mental Capacity in Civil Proceedings Working Group Consultation Paper - December 2023 to 17/3/24 https://www.judiciary.uk/wp-content/uploads/2023/12/CJC-Capacity-Consultation.pdf
Mar 2024: https://www.gov.uk/government/publications/rapid-review-into-data-on-mental-health-inpatient-settings-government-response
Mar 2024: Law Society, 'Understanding when someone is deprived of their liberty' (18/3/24) https://www.lawsociety.org.uk/Topics/Private-client/Guides/Deprivation-of-liberty-safeguards-a-practical-guide
Mar 2024: https://www.gov.uk/government/publications/discharge-from-mental-health-inpatient-settings NB Annex B: national guidance on how budgets and responsibilities should be shared to pay for section 117 aftercare (Mental Health Act 1983)
Mar 2024: https://www.39essex.com/information-hub/insight/mental-capacity-guidance-note-relevant-information-different-categories
Mar 2024: Council of Europe - High-Level Conference "Of Unsound Mind" - 27/3/24 https://www.coe.int/en/web/execution/conference
Mar 2024: Government response to the Joint Committee on the draft Mental Health Bill 21/3/24 https://www.gov.uk/government/publications/government-response-to-the-joint-committee-on-the-draft-mental-health-bill
Mar 2024: Paul and another (Appellants) v Royal Wolverhampton NHS Trust (Respondent) "Can an individual make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence?" https://www.supremecourt.uk/cases/uksc-2022-0038.html
Mar 2024: Somers, R (On the Application Of) v Parole Board for England and Wales (Re Costs) [2023] EWHC 2962 (Admin)^B (13 July 2023) Costs against PB.
Mar 2024: https://www.lawsociety.org.uk/topics/client-care/conflict-of-interests ?
Feb 2024: https://www.telegraph.co.uk/news/2024/02/08/dangerous-criminals-getting-cold-weather-payments/
Feb 2024: https://www.gov.uk/government/publications/independent-care-education-and-treatment-reviews-government-response-2023 Independent Care (Education) and Treatment Reviews: government response, 2023
Feb 2024: https://lampardinquiry.org.uk/wp-content/uploads/2023/05/Letter-to-SoS-29.03.2023.pdf Essex MH Independent Inquiry letter 29/3/23
Feb 2024: National Partnership Agreement: Right Care, Right Person - This document sets out a framework for how police and health services should improve the response to people with mental health needs.26/7/23 https://www.gov.uk/government/publications/national-partnership-agreement-right-care-right-person
Feb 2024: https://www.gov.uk/government/publications/independent-care-education-and-treatment-reviews-final-report-2023 Independent Care (Education) and Treatment Reviews: final report, 2023
Feb 2024: https://www.gov.uk/government/consultations/modernising-lasting-powers-of-attorney 2022
Feb 2024: https://www.courtofprotectionhub.uk/news--views/implementation-of-liberty-protection-safeguards-delayed-beyond-the-life-of-this-paliament Apr 23
Feb 2024: https://lampardinquiry.org.uk/updates/public-consultation-on-the-inquirys-terms-of-reference/
Feb 2024: Nuffield Family Justice Observatory, 'National deprivation of liberty court: Latest data trends' (June 2023)
Feb 2024: https://www.elft.nhs.uk/sites/default/files/2022-01/mental_capacity_act_-_guide_for_professionals.pdf - 5 booklets
Jan 2024: https://www.gov.uk/government/publications/health-services-safety-investigations-body-mental-health-investigations-directions-2024
Dec 2024: Law Commission, 'Reviewing the law of homicide' (web page, 6/12/24)
Dec 2024: Tendring District Council v SSWP [2024] EWCA Civ 1509
Nov 2024: 39 Essex Chambers, 'Mental Capacity Report' (issue 145, November 2024)
Nov 2024: Mental Health Bill 2024
Oct 2024: Morris v Morris [2024] EWHC 2554 (Ch)
Sep 2024: Wakefield Metropolitan District Council v FH [2021] EWHC 1233 (Fam)
Sep 2024: Solicitors Regulation Authority v Khan [2024] EWCA Civ 531
Sep 2024: R v Goldsmith [2024] EWCA Crim 780
Sep 2024: Platt v High Court of the Republic of Ireland [2024] EWHC 1821 (Admin)
Sep 2024: PQR v Derbyshire Healthcare NHS Foundation Trust [2023] UKUT 195 (AAC)
Sep 2024: TPC, 'Reply to two Consultations on possible amendments to the HESC Rules regarding proposed changes to the way that the FTT decides cases referred pursuant to s68' (1/8/24)
Sep 2024: Hemachandran v Thirumalesh [2024] EWCA Civ 896
Sep 2024: Ministry of Justice and HMPPS, 'Early release on compassionate grounds' (16/8/23)
Sep 2024: MSP Capital Ltd v Hillborough Hall Farms Ltd [2023] MHLO 5 (CC)
Sep 2024: Re SM: Peterborough City Council v Mother [2024] EWHC 493 (Fam)
Sep 2024: North Tees and Hartlepool NHS Foundation Trust v KAG [2024] EWCOP 38 (T3)
Aug 2024: Re AA (Costs) [2024] EWCOP 44 (T3)
Aug 2024: Re PQ (Court authorised DOL: Representation during review period) [2024] EWCOP 41 (T3)
Aug 2024: University Hospitals Birmingham NHS Foundation Trust v Thirumalesh [2023] EWCOP 43
Aug 2024: Hemachandran v Thirumalesh [2024] EWCA Civ 896
Aug 2024: Re P (Vulnerable adult: Withdrawal of application) [2024] EWHC 1882 (Fam)
Aug 2024: OO v Central and North West London NHS Foundation Trust [2024] UKUT 190 (AAC)
Jul 2024: Platt v High Court of the Republic of Ireland [2024] EWHC 1821 (Admin)
Jun 2024: University Hospitals Bristol and Weston NHS Foundation Trust v Mother of G [2024] EWHC 1288 (Fam)
Jun 2024: Surrey Police v PC [2024] EWHC 1274 (Fam)
Jun 2024: Rahman v Hassan [2024] EWHC 1290 (Ch)
Jun 2024: Legal Aid Agency, 'Costs Assessment Guidance: for use with the 2018 Standard Civil Contracts' (v10, December 2023)
May 2024: Victims and Prisoners Act 2024
May 2024: Tribunal Procedure Committee, 'Consultation on possible amendments to the power to set-aside a decision' (consultation from 15/5/24 to 7/8/24)
May 2024: Berg v London Borough of Tower Hamlets [2024] EWFC 92
May 2024: Re A (Covert Medication: Residence) [2024] EWCA Civ 572
May 2024: Solicitors Regulation Authority v Khan [2024] EWCA Civ 531
May 2024: Ministry of Justice, 'Restricted Patients Statistics, 2023, England and Wales' (25/4/24)
May 2024: Re Patricia [2023] EWCOP 70
May 2024: R v Calocane [2024] EWCA Crim 490
May 2024: Re J (Blood Transfusion: Older Child: Jehovah's Witnesses) [2024] EWHC 1034 (Fam)
May 2024: O v P [2024] EWHC 1077 (Fam)
May 2024: Re HC [2024] EWCOP 24
Apr 2024: Law Society, 'Practice note: Representation before mental health tribunals' (24/2/24) - tracked changes version
Mar 2024: Roger Pezzani and Alex Schymyck, 'Upper Tribunal provides important guidance on proceeding without aftercare evidence' (Garden Court Chambers, 17/11/23)
Mar 2024: CQC, 'Monitoring the Mental Health Act in 2022/23' (23/3/24)
Mar 2024: 39 Essex Chambers, 'Mental Capacity Report' (issue 137B, March 2024)
Mar 2024: Re A (Covert Medication: Residence) [2024] EWCOP 19
Mar 2024: CQC, 'Priory Healthcare Limited ordered to pay £693,852 after failing to provide safe care and treatment to Mr Matthew Caseby' (12/3/24)
Mar 2024: R v Priory Healthcare Limited [2024] MHLO 2
Mar 2024: Alex Ruck Keene et al, 'Guidance note: Relevant information for different categories of decision' (39 Essex Chambers, May 2024)
Feb 2024: HMPPS, 'MAPPA Guidance' (August 2024)
Feb 2024: Major v Kirishana [2023] EWHC 1593 (KB)
Feb 2024: Powers of Attorney Act 2023
Feb 2024: Alice Roe, 'Children subject to deprivation of liberty orders' (Nuffield Family Justice Observatory, 15/9/23)
Feb 2024: President of the Family Division, 'Revised national listing protocol for applications that seek deprivation of liberty orders relating to children under the inherent jurisdiction' (September 2023)
Feb 2024: Joint Committee on the Draft Mental Health Bill, 'Draft Mental Health Bill 2022: Report of Session 2022-23' (HC 696, HL Paper 128, 11/1/23)