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Revision as of 19:19, 28 February 2021
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- 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: MTA v The Lord Chancellor [2024] EWCA Civ 965B (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: Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors [2024] EWCA Civ 138B (20 February 2024) incl ICLR† on appeal from Lewis-Ranwell v G4S Health Services (UK) Ltd [2022] EWHC 1213 (QB)
- Sep 2024: Bond & Anor v Webster & Ors [2024] EWHC 1972 (Ch)B (02 August 2024)†
- Sep 2024: PC, Re [2024] EWCA Civ 895B (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: 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: 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: The Official Receiver v Djurberg [2024] EWHC 1938 (Ch)B (29 July 2024)
- Sep 2024: BC, Re (Child in Care: Change of Forename and Surname) [2024] EWHC 1639 (Fam)B (26 June 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: 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: 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: 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: 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: MK, Re (Deprivation of Liberty and Tier 4 Beds) [2024] EWHC 1553 (Fam)B (24 May 2024)
- Sep 2024: Nyang v G4S Care & Justice Services Ltd & Ors [2013] EWHC 3946 (QB)B (11 December 2013) - old case
- Sep 2024: Kettering General Hospital NHS Foundation Trust v C & Anor [2023] EWFC 12B (31 January 2023) ?
- Sep 2024: J, Re (Transgender: Puberty Blocker and Hormone Replacement Therapy) [2024] EWHC 922 (Fam)B (01 May 2024)
- Sep 2024: Capacity Guide - Guidance for clinicians and social care professionals on the assessment of capacity https://capacityguide.org.uk/
- 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: 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: 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: Principles of Care for Children with Complex Needs https://www.nuffieldfjo.org.uk/resource/principles-of-care-for-children-with-complex-needs
- 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: Clark v Chief Constable of Merseyside Police [2023] EWHC 2565 (KB)M
- Sep 2024: Right Care, Right Person - July 2023
- Sep 2024: R (SB) v Newham LBC [2023] EWHC 2701 (Admin)B
- Sep 2024: St Helens MBC, LGSCO 23 006 977 - deputyship fees disability-related expenditure
- Sep 2024: VT v NHS Cambridgeshire And Peterborough Integrated Care Board & Anor [2024] EWHC 294 (Fam)B (14 February 2024)
- 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: Re U [2024] EWHC 228 (Fam)B
- 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: 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: MSP Capital Ltd v Hillborough Hall Farms Ltd [2023] MHLO 5 (CC)
- 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: 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 753B (17 September 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: 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: 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 Islington v A Parent (Special Educational Needs) (Rev1) [2024] UKUT 252 (AAC)B (20 August 2024) ?
- 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: 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: Ministry of Justice and HMPPS, 'Early release on compassionate grounds' (16/8/23)
- Sep 2024: TPC minutes 2 May and 6 June 2024 https://www.gov.uk/government/organisations/tribunal-procedure-committee/about
- Sep 2024: https://www.lawgazette.co.uk/practice-points/new-release-provisions-for-prisoners-and-what-they-mean-in-practice/5120702.article
- Sep 2024: Solicitors Regulation Authority v Khan [2024] EWCA Civ 531
- Sep 2024: Hemachandran v Thirumalesh [2024] EWCA Civ 896
- 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: 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: North Tees and Hartlepool NHS Foundation Trust v KAG [2024] EWCOP 38 (T3)
- Sep 2024: Re SM: Peterborough City Council v Mother [2024] EWHC 493 (Fam)
- Sep 2024: Seabrooke Manor Ltd, R (On the Application Of) v Care Quality Commission [2024] EWHC 2203 (Admin)B (27 August 2024)
- Sep 2024: https://www.gov.uk/government/news/the-2024-standard-civil-contract-now-live
- Sep 2024: YR, Re (Deprivation of Liberty - Care Order - Principles of Care) [2024] EWHC 564 (Fam)B (12 March 2024)† (JR)
- Sep 2024: Wakefield Metropolitan District Council v FH [2021] EWHC 1233 (Fam)
- Sep 2024: FXJ v Secretary of State for the Home Department & Anor [2023] EWCA Civ 1357B (20 November 2023) ? incl ICLR †
- Sep 2023: 39 Essex Chambers, 'Mental Capacity Report' (issue 134, September 2023)
- Sep 2023: https://www.gov.uk/government/consultations/oliver-mcgowan-draft-code-of-practice
- Sep 2023: SA, Re (Declaration of Non-Recognition of Marriage) [2023] EWCA Civ 1003B (30 August 2023) incl ICLR†
- Sep 2023: Legal Aid Agency, 'Form CW 1&2 MH' (v19, August 2023)
- Sep 2023: PA011122020 [2023] UKAITUR PA011122020B (14 August 2023) Criticism of psychiatric reports URL: http://www.bailii.org/uk/cases/UKAITUR/2023/PA011122020.html
- Sep 2023: https://www.cambridge.org/core/journals/advances-in-psychiatric-treatment/article/mental-health-tribunals-in-england-and-wales-a-representatives-guide/8913700B38C09A238A142B8FD4331E03 Jones C, Nimmagadda S and Veitch P, “Mental Health Tribunals in England and Wales: a Representative's Guide” (2013) 19 Advances in Psychiatric Treatment 40
- Sep 2023: Legal Aid Agency, 'Civil Finance Electronic Handbook' (v3.4, dated 1/8/23)
- Sep 2023: https://www.gov.wales/a-new-tribunal-system-for-wales-white-paper
- Sep 2023: 4 September 2023 Published updated Lord Chancellor's guidance on determining financial eligibility for certificated work, exceptional funding (inquests), and exceptional funding (non-inquests). Published Lord Chancellor's guidance on determining financial eligibility for controlled work and family mediation. https://www.gov.uk/guidance/funding-and-costs-assessment-for-civil-and-crime-matters
- Sep 2023: https://www.communitycare.co.uk/2023/09/04/guide-to-determining-ordinary-residence-for-aftercare-under-the-mental-health-act/
- Sep 2023: Legal Aid Agency, 'Escape Case Electronic Handbook' (v2.3, 1/8/23)
- Sep 2023: Re Brammall: W Primary Care Trust v TB [2009] EWCOP 1737 (moved from Re Brammall; W Primary Care Trust v TB [2009] EWHC 1737 (Fam)
- Sep 2023: Jonathan Sumption, 'Judgment call: the case for leaving the ECHR' (Spectator, 30/9/23)
- Sep 2023: Galo v Bombardier Aerospace UK [2023] NICA 50B (03 July 2023)† Litigation capacity
- Sep 2023: Care Quality Commission, 'Mental Health Act community treatments orders (CTO) - focused visits report' (1/11/22)
- Sep 2023: https://www.gov.uk/government/news/step-forward-to-online-lasting-power-of-attorneys
- Sep 2023: Z NHS Foundation Trust & Anor v Patricia & Ors [2023] EWCOP 41B (09 May 2023)†
- Sep 2023: BR & Ors, Re (Transparency Order: Finding of Fact Hearing) [2023] EWFC 9B (25 January 2023)† - family court - transparency order
- Sep 2023: Solihull MBC (19 002 160) - accommodation for s117 https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/19-002-160
- Sep 2023: Add all cases from https://www.mhtscotland.gov.uk/mhts/Legislation_and_Caselaw/Legislation_and_Caselaw
- Sep 2023: https://www.england.nhs.uk/publication/service-specification-high-secure-mental-health-services-adult/ NHS England, ‘Service specification: High secure mental health services (Adult)’ (21 February 2021) para 2.1.5
- Sep 2023: HMPPS, 'MAPPA Guidance' (dated March 2023, updated 13/9/23)
- Sep 2023: https://www.gov.uk/government/publications/police-crime-sentencing-and-courts-bill-2021-factsheets/police-crime-sentencing-and-courts-bill-2021-release-of-serious-offenders-factsheet Updated 20 August 2022
- Sep 2023: Alice Roe, 'Children subject to deprivation of liberty orders' (Nuffield Family Justice Observatory, 15/9/23)
- Sep 2023: Law Society, 'Practice note: Accredited legal representatives in the Court of Protection' (4/9/23)
- Sep 2023: 2023-09-15 Powers of Attorney Bill
- Sep 2023: Legal Aid Agency, 'Civil 2024 Contract Procurement Process' (13/9/23)
- Sep 2023: Legal Aid Agency, 'Standard civil contract 2024' (13/9/23)
- Sep 2023: Bailey & Anor, R (On the Application Of) v Secretary of State for Justice [2023] EWHC 821 (Admin)B (05 April 2023) Parole Board†
- Sep 2023: JJ, R (On the Application Of) v Spectrum Community Health CIC (Rev1) [2023] EWCA Civ 885B (25 July 2023)† - is a patient entitled to demand medical treatment which is not clinically indicated and therefore not offered to him by the doctor?
- Sep 2023: Re P (Statutory Will) [2009] EWCOP 163 (moved from Re P [2009] EWHC 163 (Ch))
- Sep 2023: Baker v H [2009] EWCOP B31 (moved from Baker v H [2009] EWHC B31 (Fam))
- Sep 2022: IJMHCL pp.1-75 No. 28 (2021) https://www.northumbriajournals.co.uk/index.php/ijmhcl/issue/view/109
- Sep 2022: HMPPS, 'MAPPA Guidance' (dated May 2022, published 1/9/22)
- Sep 2022: https://www.gov.uk/government/publications/administrative-court-judicial-review-guide#full-publication-update-history
- Sep 2022: Law Society, 'Practice note: Representation before mental health tribunals' (31/8/22)
- Sep 2022: https://www.mentalhealthlawreview.scot/workstreams/scottish-mental-health-law-review-final-report/
- Sep 2022: Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 and Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 and Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 2) Regulations 2022More...
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