London Borough of Hillingdon v. Steven Neary [2011] EWHC 1377 (COP) – read judgment here. The Court of Protection (“COP”) emphatically ruled last week that a local authority unlawfully detained a young man with autism and learning difficulties for almost an entire year, breaching his right to respect for family life as a result. Take a 21-year-old disabled person, [...]
Archive for the ‘Mental Health’ Category
Panorama at Winterbourne View: the human rights angle – Lucy Series
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 5 | Right to Liberty, Art. 8 | Right to Privacy/Family, Criminal, In the news, Medical, Mental Health on June 3, 2011 | 6 Comments »
I watched Panorama’s exposé of institutional abuse of adults with learning disabilities at Winterbourne View Hospital with mounting horror. What legal mechanisms were available to prevent abuses like this, or bring justice to victims? There can be little doubt that the acts of the carers towards the patients were inhuman and degrading, a violation of [...]
Balancing transparency with ‘secrecy’ in the Court of Protection – Lucy Series
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Children, In the news, Medical, Mental Health, tagged Court of Protection on March 7, 2011 | 2 Comments »
There probably aren’t many people who want to know what ‘goes on’ in the Court of Protection more than me; it’s what I spend much of my time trying to fathom. An outsider would be forgiven for thinking that this branch of Her Majesty’s Court Service doesn’t feel that case law in this tangled [...]
Rights breach council must pay out
Posted in Art. 5 | Right to Liberty, Art. 8 | Right to Privacy/Family, Case comments, Costs and Procedure, Family, Medical, Mental Health, tagged G v E & Ors on February 7, 2011 | 5 Comments »
G v E & Ors [2010] EWHC 3385 (Fam) (21 December 2010) – Read judgment Manchester City Council has been ordered to pay the full legal costs of a 20-year-old man with severe learning disabilities who was unlawfully removed from his long-term foster carer. The council demonstrated a “blatant disregard” for mental health law. The [...]
Should people with low IQs be banned from sex?
Posted in Art. 5 | Right to Liberty, Art. 8 | Right to Privacy/Family, Case summaries, Mental Health, Police on February 3, 2011 | 11 Comments »
D Borough Council v AB [2011] EWHC 101 (COP) (28 January 2011) – Read judgment In a case which is fascinating both legally and morally, a judge in the Court of Protection has ruled that a 41-year-old man with a mild learning disability did not have the mental capacity to consent to sex and should [...]
Unlawful mental health detention – who is to blame?
Posted in 1COR, Art. 5 | Right to Liberty, Case summaries, In the news, Medical, Mental Health on January 20, 2011 | 1 Comment »
TTM (By his Litigation Friend TM) v London Borough of Hackney, East London NHS Foundation Trust; Secretary of State for Health – Read judgment The Court of Appeal has ruled that the local authority, but not the detaining hospital, was liable to pay compensation to a person who had been unlawfully detained under Section 3 [...]
Can release from hospital be a deprivation of liberty?
Posted in Art. 5 | Right to Liberty, Case comments, Medical, Mental Health on January 19, 2011 |
Secretary of State for Justice v RB [2010] UKUT 454 – Read judgment In a fascinating recent case, the Upper Tribunal has departed from a line of court authority to decide that where a patient has been detained under the Mental Health Act 1983, conditionally discharging that patient from hospital subject to conditions which might [...]
Protecting child claimants from “fortune hunters and thieves”
Posted in 1COR, Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, BLOG POSTS, Case comments, Case law, Case summaries, Children, Costs and Procedure, Family, Freedom of Information, Medical, Mental Health, Personal Injury on November 11, 2010 |
Updated | JXF (a child) v York Hospitals NHS Foundation Trust [2010] EWHC 2800 (QB) – Read judgment Mr Justice Tugendhat has held that the High Court should withhold the identity of a child claimant when approving the settlement of a clinical negligence case. The decision represents a restatement of the orthodox principle that cases should [...]
Detaining and deporting the mentally ill
Posted in Art. 5 | Right to Liberty, Case law, Case summaries, Immigration/Extradition, Mental Health, tagged deportation, Mental Health on October 26, 2010 | 1 Comment »
Anam v Secretary of State for the Home Department [2010] EWCA Civ 1140 – Read judgment This appeal raises interesting questions about the approach the courts should take when considering whether detention pending deportation is legal in a case involving an ex-convict with serious psychiatric illness. A failure to implement a Home Office policy on the subject did [...]
Specialist Mental Health Courts are a good idea which may never happen
Posted in Art. 6 | Right to Fair Trial, Criminal, In the news, Mental Health, tagged Mental Health Courts on September 17, 2010 |
The Ministry of Justice is a step closer to introducing specialist mental health courts, which would work within the criminal justice system to identify and assess offenders with mental health issues, and ensure that offenders received appropriate intervention. Similar courts have been widespread in the United States for around a decade. They are considered to be [...]
Contraception, capacity and coercion: when does a woman lack capacity to decide whether to use contraceptive treatment?
Posted in Art. 8 | Right to Privacy/Family, Case comments, Medical, Mental Health, tagged mental capacity, Sterilisation on August 25, 2010 | 1 Comment »
A Local Authority v Mrs A, by her Litigation Friend, the Official Solicitor, and Mr A [2010] EWHC 1549 (Fam) – Read judgment In the first case of its kind, the court was asked to consider whether a young married woman lacks capacity to decide whether to use contraception, and whether it would be in [...]
Deprivation of liberty best interests test compatible with human rights law [updated]
Posted in Art. 5 | Right to Liberty, Case summaries, Medical, Mental Health, tagged human rights, mental capacity on July 23, 2010 |
G v E and others [2010] EWCA Civ 822 – Read judgment This post was written with the kind help of Jaime Lindsey The Court of Appeal has held that a person who lacks mental capacity can be detained if the Court of Protection considers that it is in their best interests, without having to [...]
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Recommended- Latest human rights developments in the UK: 21/5/2012 – 27/5/2012 - Law Think May 27, 2012
- UK Blawg Review #10 – Part 1 - May 27, 2012
- Can the UK suspend free movement? - Free Movement Blog May 27, 2012
- Prisoners’ votes: Ballot and chain | The Economist May 25, 2012THE vexed issue of voting rights for prisoners combines two of the Conservative Party’s main preoccupations: penal policy and the European Court of Human Rights (ECHR)...
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- UK to resist giving prisoners the vote despite European court ruling | Law | The Guardian May 23, 2012
- Case law
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012ECtHR Grand Chamber: automatic and indiscriminate disenfranchisement of prisoners unlawful but up to individual states how to implement changes were such a ban exist
- Dishonesty in entry clearance applications May 21, 2012An Upper Tribunal (UT) decision confirms that, where an application for entry clearance is “marred by dishonesty” – whether in the applicant’s knowledge or not and even where the applicant is presently eligible for entry – it is not a disproportionate response for the Home Secretary to refuse the application, even in light of Article 8
- MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012) May 18, 2012Secretary of State acted lawfully in not ordering independent inquiry into 2009 protest at Immigration Detention Centre. Challenge by children separated from parents during protest and claiming pschiatric damage as result.
- British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) (17 May 2012) May 17, 2012Sky, BBC, ITN etc. succeed in JR of decision by court to order production of 100+ hours of video footage to Essex Police of Dale Farm protesters: "... there were no reasonable grounds for believing that the footage of over 100 hours included material likely to be of substantial value to the investigation"
- Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012) May 16, 2012Supreme Court: paying child tax credit to "main" care giver not discriminatory under art.14 ECHR to father caring for child 3 days per week. The specific test for justifying discrimination in the context of state benefits is that with questions of social and economic strategy the Court will generally respect the legislature’s policy choice unless i […]
- Hounga v Allen & Anor [2012] EWCA Civ 609 (15 May 2012) May 16, 2012Court of Appeal: Person knowingly working illegally cannot bring racial discrimination claim against "employers"
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012
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UKHRB on Twitter
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Adam Wagner on Twitter
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When public authorities must pay legal costs: Two important cases
Posted in Art. 5 | Right to Liberty, Art. 6 | Right to Fair Trial, Case comments, Children, Costs and Procedure, Immigration/Extradition, Mental Health, Social Care, tagged Bahta & Ors, G v E & Ors [2011] EWCA Civ 939, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 on August 3, 2011 | 2 Comments »
G v E & Ors [2011] EWCA Civ 939 – Read judgment – 1COR’s Guy Mansfield QC appeared for the Respondent. He is not the author of this post. Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 – Read judgment The [...]
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