Legal newsletter June 2017

AM-V v Finland [2017] ECHR 273

A missed opportunity: the European Court of Human Rights considers best interests decision making in the context of Article 8 and the United National Convention on the Rights of Persons with Disability.

Damien Tinsley v Manchester City Council [2016] EWHC 2855 (Admin)

A person’s financial circumstances cannot be taken into account when arranging aftercare services under section 117 of the Mental Health Act 1983.

SG, R (on the application of) v London Borough of Haringey & Ors [2017] EWCA Civ 322

Does a local authority have a duty to provide accommodation to an individual having accommodation related needs under the Care Act 2014.

The Joint Committee on Human Rights Mental Health and Deaths in Prison: Interim Report

SSJ v MM & Welsh Ministers v PJ Case [2017] EWCA Civ 194

The Court of Appeal considers whether conditional discharges and Community Treatment Orders can deprive patients of their liberty without further authorisation.

Essop and v Home Office (UK Border Agency), Naeem v Secretary of State for Justice [2017] UKSC 27

The Supreme Court has restored the traditional approach to proving indirect discrimination in its judgment in these two cases.

Pulman v Merthyr Tydfil College Ltd UKEAT/0309/16

The Employment Appeal Tribunal inadvertently demonstrates why some of the core concepts in the Equality Act 2010 are overly complex and difficult to apply and why the Act needs reform.

The Law Commission report on mental capacity and deprivation of liberty

What’s in a name? After 3 years in the pipeline the Law Commission recommends replacing the Deprivation of Liberty Safeguards with the Liberty Protection Safeguards.