Blog & Latest news
Amendments to Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008, enabling statutory forms to be completed electronically, were laid before parliament on 1 October 2020 and will come into force on 1 December 2020 in England.
This blog explains about Deprivation of Liberty and Young People
The Care Quality Commission have made changes to Mental Health Act complaints process due to COVID-19.
Following on from the First Tier Tribunal decision in Re B [2020] MHLO 18 (FTT) which addresses the order of DCP Johnson dated 26 March 2020 and the postponement of all CTO applications.
The Upper Tribunal has decided in AD’A v Cornwall Partnership NHS Trust [2020] UKUT 110 (AAC) that a patient’s application to the First Tier Tribunal ( Mental health) can still proceed even if the patient has been transferred into Guardianship (under section 7 Mental Health Act 1983 (“MHA)”)
More Judicial guidance on capacity and sexual relations
The Mental Capacity (Amendment) Bill is being debated in Parliament. The Law Society recently published their thoughts to be considered by MPs
This blog explains what happens when the State deems it necessary for you to leave your home for your own safety and well-being.
The Supreme Court have confirmed the limited use of the CTO and the position on deprivation of liberty.
Recommendations for modernising the Mental Health Act
The Supreme Court have confirmed the restrictions of the First-tier Tribunal’s powers
Conroys Solicitors LLP is very pleased to announce that Elizabeth Conroy and Ben Conroy have both been appointed as an Accredited Legal Representative (‘ALR’) in the Court of Protection.
On 10 October each year, the World Health Organisation recognises World Mental Health Day.
Following new legal aid contracts Cornwall is left without any housing legal aid.
The Supreme Court has today given judgment that in cases of prolonged disorder of consciousness, CANH can be withdrawn without seeking the court’s approval in cases where there is agreement as to what is in the person’s best interests, the Mental Capacity Act 2005 has been followed and the relevant guidance has been observed.
The Court of Appeal has ruled that social care organisations, including many charities will not have to pay hundreds of millions of pounds of back payments to sleep-in care workers.
There is a growing awareness of the possibility that someone might have fluctuating capacity to make certain decisions. But are the systems we have in place equipped to deal with those people?
Care and Treatment Reviews (CTRs) were developed to improve the care of people with learning disabilities, autism, or both in England with the aim of reducing admissions and unnecessarily lengthy stays in hospitals and reducing health inequalities. People and their families who could benefit from and are entitled to CTRs need to know they can ask for one if they need one.
The Local Government and Social Care Ombudsman (known as the LGO) has found against a Council who used an outdated matrix tool to calculate the costs for a support plan for a young man with complex needs.
A Court of Protection judge has given permission for doctors to take blood samples from the former Russian double agent Sergei Skripal and his daughter, Yulia, who both remain in a coma, so that tests can be carried out by chemical weapons experts.
The Court of Protection rules are being updated.
At the end of last month, it was announced that building of the new young person's mental health unit will begin in Spring 2018, with a completion date of April 2019.
A High Court Judge gave an urgent ruling this summer to allow doctors to treat a 14 year old girl following an overdose, despite her refusal to consent.
Significance of Care Coordinators in decisions surrounding people under the Mental Health Act.
A local authority has agreed to pay £10,000.00 for failing to provide sexual education to a man following the recommendation of a psychiatrist that doing so could assist the man to achieve the necessary capacity to consult to sexual relationships.
This blog looks at how ethical is the regime of Community Treatment Orders and can it really be said to be compatible with fundamental Human Rights?
A short explanatory blog looking at what it means to have or lack capacity to make a decision.
A new Supreme Court ruling given on Wednesday 25th July in relation to Employment Tribunal Fees
An investigation by the British Medical Association (‘BMA’) they discovered that there is a rise in the number of adult mental health patients placed in out-of-area beds.
The LGO has published a report looking at the common issues it sees when a council or care provider is involved with a person who lacks mental capacity.
The Court of Appeal Confirms that it is not the job of the Tribunal Service to decide about human rights.
The Court of Protection had to consider the degree to which a person who lacks capacity should be assisted to adhere to religious practice.
This blog looks at how the Court of Appeal had the opportunity to consider the possibility of a detained patient being discharged from hospital, subject to conditions that deprive them of their liberty.
This blog focuses on the finer points of a letter of termination (redundancy) and when a letter of termination is deemed to have been served and when it may come into effect.
The Ministry of Justice proposes to amend how eligibility for Legal Aid is assessed for those receiving Universal Credit and what this will now mean for people trying to get Legal Aid.
Theresa May has stated that the Mental Health Act 1983 (˜MHA) will be revoked if she is re-elected in the June 2017 general election.
Supreme Court judgment concludes that the Court of Protection does not have the power to compel third parties (such as a Local Authority, CCG, or care home) to provide something it is unwilling or unable to provide.
A Local Authority is to tender out contracts to a company to review Community Care Packages
A new Government review has been released in relation to this and what this now means for you.
A 12 bed mental health unit is to be built in Cornwall for males and females up to the age of 18
This guidance has been provided by the Chief Coroner in relation to persons who have died at a time when they are deprived of their liberty under the Mental Capacity Act 2005.
Changes to the definition of 'state detention' bring patients deprived of their liberty under the Mental Capacity Act 2005 out of the scope of deaths which coroners have a duty to investigate.
A report has been published by the Law Commission recommending a replacement scheme for the current Deprivation of Liberty Safeguards with the aim of providing greater protection for a person who is deprived of their liberty.
The relationship between Calderbank offers and part 36 offers in the Court of Protection, and the exercising of the Court of Protection's jurisdiction in relation to costs, have been under scrutiny in the Court of Protection recently.
This case decided upon whether issues of serious medical treatment under the Deprivation of Liberty Safeguards could be dealt with by the Court of Protection in proceedings brought under Section 21A of the Mental Capacity Act 2005.
In August 2016 the Employment Appeal Tribunal heard a case about reasonable adjustments position and how far an employer must go to make reasonable adjustments for a disabled employee. In this case, the primary aspect was salary adjustment.
The Employment Appeals Tribunal (EAT) have recently looked at how far human resources staff should go in advising managers about disciplinary decisions in Ramphal v Department for Transport UKEAT/0352/14.
SRK was severely injured in a road traffic accident and the effects of those injuries meant that SRK lacked capacity to make decisions about the care, treatment and support he should receive. SRK was awarded substantial damages that were paid to his property and affairs deputy (as he lacked capacity to manage his own property and affairs), being Irwin Mitchell Trust Corporation.
The issue of sickness absence has been the focus of a recent case in the Employment Appeal Tribunal, and the notion of 'pulling a sickie' was at the centre of the case.
The Law Commission have published an interim statement concerning the consultation on deprivation of liberty. The consultation paper had set out a new scheme ('protective care') to replace the Deprivation of Liberty Safeguards (DoLS).
One of Britain's biggest care agencies has settled out of court a claim for allegedly paying below the minimum wage by refusing to reimburse staff for their travel time between home visits.
With mental health services so limited in Cornwall so many people are being placed out of Cornwall and very far away from their home and family.
The Court of Protection has authorised the withdrawal of treatment for a patient in a minimally conscious state, in a ground breaking case.
The Law Commission's consultation paper on Deprivation of Liberty Safeguards (DoLS) which opened on 7 July ended this week, the final report and draft Bill is expected in 2016 with any changes being introduced in 2017 or later.
The DoLS have been criticised since they were introduced for being overly complex and excessively bureaucratic. A House of Lords Select Committee published a detailed report in March 2014 concluding that the DoLS were 'not fit for purpose' and recommended that they be replaced.
A domestic servant who worked in the UK for four and a half years, 18 hours per day, for just 11p per hour has been awarded nearly £183,773.53 for the shortfall in National Minimum Wage and is expected to be awarded further substantial compensation at a further hearing in November 2015.
This applies to people who are deprived of their liberty at home (or any place other than a hospital or care home) and the cases of Re X (Deprivation of Liberty) (2014) EWCOP 25, (2014) MHLO 86 and Re X (Deprivation of Liberty) (No 2) (2014) EWCOP 37, (2014) MHLO 98.
The current 'Re: X Procedure' to be used in the Court of Protection enables a streamlined procedure where Local Authorities and others can seek authorisation from the Court of Protection of a person's deprivation of liberty. This often leads to a Court decision on paper, with no oral hearing, and without the person concerned being a party to the proceedings.
This has now been thrown into question by the Court of Appeal who have indicated that the person deprived of their liberty, should always be a party to the proceedings when the matter relates to his or her possible deprivation of liberty.
A recent decision of the Court of Justice of the European Union could have substantial implications for employees with no fixed base for time spent travelling between their homes and customer premises, for which they may not previously have been paid.
A recent case in the Employment Tribunal highlights the importance of respecting the boundaries of social media and the workplace.
A decision was made by the Local Government Ombudsman to recommend an award £135,617.02 to a disabled man (Mr X) and his mother (Ms Y). This case involved a man in his thirties who has severe learning disabilities, autism, and asphasia, who lived in Cornwall between 2008 and 2012.
The award was made by the Local Government Ombudsman, who investigate complaints about the services and actions of councils and certain other bodies. If there has been fault, the Ombudsman considers whether it has caused an injustice and if it has, they may suggest a remedy. In this case the remedy suggested for the injustice was a payment of over £135,000 in backdated payments from Cornwall Council to the complainant.
New Deprivation of Liberty (DoLS) case law in which Benjamin Conroy and Rosie Williams of Conroys Solicitors represented the First Respondent. The Court of Protection considered what amounts to a deprivation of liberty when the person is living in their own home. The case has highlighted the need for better guidance for Local Authorities.
Legislation preventing employers from using exclusivity clauses in zero hours contracts came into force on 26 May 2015
The Court of Protection outlines the burden and necessary steps to be taken by local authorities and professionals involved to ensure that the person's human right to liberty is maintained.
On 1 April 2015 a large part of the Care Act 2014 came into force. This is major reform of the social care system in the UK. Previously social care legislation has been made piecemeal and was contained in many different pieces of legislation.
New limits for maximum compensation levels in unfair dismissal cases increases from 6 April 2015.
When referring to the staff handbook in a contract of employment, employers should be specific about which items within the handbook are contractual and which are not.