Legal Newsletter December 2018

Data sharing agreement with Home Office and Department of Health ended

Migrants’ Rights Network (MRN) represented by Liberty brought a legal challenge arguing that the data-sharing arrangement was not appropriate.

Independent Review of the Mental Health Act – Final report

The Independent Review has published its final report.

Mental Health Units (Use of Force) Act

This is also known as “Seni’s Law” after Olaseni Lewis who tragically died aged 23, after being restrained on a mental health ward by police officers. At the inquest the restraint used was deemed to be excessive, unreasonable and disproportionate.

 

Secretary of State for Justice v MM [2018] UKSC 60

The Supreme Court ruled on whether a conditionally discharged patient can consent to a deprivation of liberty.

 

Stonewall’s LGBT in Britain – Health Report

Report by Stonewall into mental health, accessing treatment and smoking, alcohol and drugs among LGBT people.

 

Hewlett v Chief Constable of Hampshire

Disability discrimination in the provision of statutory mental health services.

Darnley v Croydon Health Services NHS Trust [2018] UKSC 50

A&E receptionist found negligent due to misleading information on waiting times

 

Manchester City Council Legal Services v LC & Anor [2018] EWHC 2849 (Fam)

The High Court considers the case of a young woman at high risk of sexual harm and gives guidance on how to approach cases which necessitate restrictions in areas where people have capacity.

 

Mental Health Tribunal reform abandoned

The Tribunal Procedure Committee drops unpopular proposals to remove Pre-Hearing Examinations and reduce oral hearings 

 

The Public Guardian v DA and Others [2018] EWCOP 26 & The Public Guardian v BP and others [2018] EWCOP 26

The Court of Protection gives guidance on whether you can ever ask for euthanasia in your Lasting Power of Attorney.  

 

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