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Guidance on DOLs in children’s homes and residential special schools

United Kingdom - March 5 2014 In an unusual step, Sir James Munby P and OFSTED have recently issued joint guidance as to deprivation of liberty in children's homes and residential

The Mental Capacity Act 2005, the Adults with Incapacity (Scotland) Act 2000 and the Convention on the Rights of Persons with Disabilities: The Basics

United Kingdom - June 2 2014 The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is renowned as a ground-breaking treaty, developed using a highly

Adjournment where legal representation withdrawn before hearing

United Kingdom - March 1 2013 Two recent cases from the Court of Appeal on the application of the right to a fair hearing in the family law context demonstrate how highly fact

What do Part 8 reviews under the DoLS regime actually do?

United Kingdom - October 1 2013 The Cambridge team's findings about the rarity of P initiating reviews is also borne out by the outcome of an FOI request made by Lucy Series to the

Cheshire West the impact on s.135za Social Work (Scotland) Act 1968

United Kingdom - April 1 2014 Section 13ZA of the Social Work (Scotland) Act 1968 was inserted by the Adult Support and Protection (Scotland) Act 2007 to provide an alternative to

Certificates of lawfulness of proposed works to listed buildings

United Kingdom - July 1 2014 The Enterprise and Regulatory Reform Act 2013 has introduced a new section 26H into the Planning (Listed Buildings and Conservation Areas) Act 1990

The CoP and post-mortem confidentiality

United Kingdom - July 1 2014 This is the follow up to a decision of Peter Jackson J 2014 EWCOP 454 relating to the question of whether it was lawful to withhold blood

Damaging illegality of Scottish social work authorities

United Kingdom - July 1 2014 Section 57(3)(b) of the Adults with Incapacity (Scotland) Act 2000 requires welfare guardianship applications to be accompanied by a report in

When is the Court of Protection not the Court of Protection?

United Kingdom - July 1 2014 In this judicial review application, Leggatt J was asked to decide whether the coming into force of the Mental Capacity Act 2005 had altered the way

Delay, insufficient scrutiny, and the unlawful deprivation of liberty

United Kingdom - July 1 2014 Between July 2005 and January 2006, L.M., who suffered from a psychotic disorder, was admitted to closed and open wards in two psychiatric hospitals