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Judicial review: reform proposals
- Mills & Reeve LLP
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- United Kingdom
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- January 4 2013
For those of you who have been on the receiving end of a judicial review (JR), you might have been heartened to hear press coverage about the Government
Disputes about care provision not a matter for court
- Mills & Reeve LLP
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- United Kingdom
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- December 7 2009
In its judgment in the recently heard case of R(S) v Hampshire County Council (2009), the High Court again confirmed that disputes about assessments and care provision are not matters for litigation
New ruling on importance of consultation with nearest relative
- Mills & Reeve LLP
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- United Kingdom
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- March 9 2010
The role of consultation with the nearest relative has been reinforced as a necessary safeguard by the court in the recent case of R (on the application of V) v South London & Maudsley NHS Foundation Trust
Disputes about care provision not a matter for court
- Mills & Reeve LLP
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- United Kingdom
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- August 6 2009
In the recently decided case of R (on the application of F) v Wirral Borough Council which can be accessed here the claimants sought to judicially review a decision of the council, alleging that the council had unlawfully failed to properly assess their social care needs and failed to provide an appropriate care plan
NHS trust ordered to pay damages for breach of Article 2 in failing to prevent detained patient from committing suicide
- Mills & Reeve LLP
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- United Kingdom
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- May 21 2010
Some of you may recall the decision of the House of Lords in Savage (Claimant) v South Essex Partnership NHS Foundation Trust (Defendant) in December 2008 when, in the context of a possible failure to prevent a suicide, the nature and scope of the Defendant Trust's obligation under Article 2 (right to life) of the European Convention of Human Rights was considered
Court holds that deprivation of liberty safeguards (DOLS) are complaint with Article 5 of the European Convention on Human Rights
- Mills & Reeve LLP
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- European Union, United Kingdom
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- August 5 2010
The Court of Appeal has recently handed down an important deprivation of liberty (DOLS) decision which represents the first confirmation from the Court that the DOLS regime has, to use the words of the court, "plugged" the Bournewood gap in a lawful manner
Court clarifies scope of section 117 “after care” duty
- Mills & Reeve LLP
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- United Kingdom
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- August 5 2010
In the recently decided case of R (Mwanza) v London Borough of Greenwich and London Borough of Bromley 2010, the High Court considered the scope of local authority duties under section 117 Mental Health Act 1983 (the Act) under which people detained under section 3 of the Act (and 37, 45A, 47 and 48) are, when discharged, entitled to after care services from both the relevant primary care trust and the relevant local authority
Patient matters best interests - Court of Protection rules that patient should have surgery against her wishes
- Mills & Reeve LLP
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- United Kingdom
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- June 14 2010
The President of the Court of Protection has continued the approach outlined in previous decisions of the court in relation to compelling a patient who lacks capacity to undergo surgery, in their best interests, in the case of DH NHS Foundation Trust v PS 2010 EWHC 1217 (Fam
The future of supported living: High Court indicates that closer regulation is likely
- Mills & Reeve LLP
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- United Kingdom
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- August 11 2010
On 16 July 2010 the High Court indicated a provisional view that a supported living scheme - accommodating a man with learning disabilities - should be registered as a “care home” under the Care Standards Act 2000 (the 2000 Act) and that housing benefit should not be used to fund such a care home placement
Care planning leads to unlawful deprivation of liberty
- Mills & Reeve LLP
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- United Kingdom
- -
- June 14 2011
The Court of Protection’s judgment in London Borough of Hillingdon v Neary (2011) illustrates the risks of implementing significant care planning decisions without recourse to the Court of Protection and how inadequate best interests assessments can render detention unlawful
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- Jurisdiction - United Kingdom
- Firm Name - Mills & Reeve LLP
- Author - Jill Mason
- Workarea - Litigation
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