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Further clarity on section 117 of Mental Health Act 1983
- Mills & Reeve LLP
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- United Kingdom
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- November 5 2012
The Court of Appeal handed down judgment on 9 October 2012 in a dispute between Sunderland City Council (S) v South Tyneside Council (T
Damages awarded for breach of Mental Capacity Act 2005, Human Rights Act 1988 and Disability Discrimination Act 1995
- Mills & Reeve LLP
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- United Kingdom
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- March 8 2013
On St Valentine's Day, the Court of Appeal handed down their decision in the case of Commissioner of Police of the Metropolis v ZH and Liberty (1
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
Court considers duties of Approved Mental Health Professionals (AMHPs)
- Mills & Reeve LLP
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- United Kingdom
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- March 8 2013
On 19 February 2013, in the case of DD v Durham County Council, the Court of Appeal considered whether to give leave for proceedings to be brought
Supreme Court considers the need to ration resources in care planning
- Mills & Reeve LLP
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- United Kingdom
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- September 8 2011
The Supreme Court recently considered a case about the use of limited resources to meet need, where the proposed care package was strongly opposed by the service user
Ec v Birmingham and Solihull Mental Health NHS Trust
- Mills & Reeve LLP
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- United Kingdom
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- November 5 2012
A recent Upper Tribunal decision in EC v Birmingham and Solihull Mental Health NHS Trust dealt with two appeals which raised the question whether a patient detained under the Mental Health Act 1983 can challenge a decision by a First Tier Tribunal to refuse to make an extra statutory recommendation as to future care or treatment
Patient matters: deprivation of liberty safeguards
- Mills & Reeve LLP
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- United Kingdom
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- December 13 2011
The case of The Queen on the application of Sawida Sessay v South London and Maudsley NHS Foundation Trust and The Commissioner of Police for the Metropolis involved the admission and detainment of a non-compliant, incapacitated patient, pending an application for her compulsory admission under section 2 of the Mental Health Act 1983 (MHA
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
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
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- Workarea - Healthcare
- Workarea - Litigation
- Firm Name - Mills & Reeve LLP
- Author - Jill Mason
- Jurisdiction - United Kingdom
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