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Resources > Date: 2017

Showing below up to 14 results in range #1 to #14.

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Resource Type Sentence Abstract Date
Alex Ruck Keene et al, Court of Protection Handbook: A User's Guide (2nd rev edn, LAG 2017) Book

Court of Protection book

Note that a 3rd edition has now been published.

2017
Andrew Norfolk, 'CQC covered up suspected rape in care home' (Times, 27/7/17) Newspaper article

This article related to a "cluster" of sex alerts at residential homes owned by Hillgreen Care, a private company that specialised in the care of young adults with learning disabilities. It was said that confidential documents revealed that: (a) the deputy manager of one home was a convicted sex offender working in Britain illegally; (b) concerns were raised at other homes over “sexual grooming” of residents, and staff having sex while on duty; (c) care workers were initially told not to inform police of a suspected rape in November 2015 of a severely autistic 23-year-old man who lacked capacity to consent to sexual relations; and (d) potential DNA evidence linked to the incident was destroyed. The CQC said it was "actively pursuing what criminal action can be taken in relation to the failings" at the Enfield home, and had not made any of the concerns public because its desire to be "open and transparent" needed to be balanced alongside a risk of "compromising ongoing investigations".

2017-07-27
Andrew Norfolk, 'Sexual predator’s victim was failed at every turn' (The Times, 27/7/17) Newspaper article

Criticisms of CQC and care home

(1) This article is critical of the CQC's response to sexual abuse in a care home: "It had the power to bring criminal charges against the company or the senior individuals responsible for its running. Instead, it chose a much quieter, less public course of action. The Enfield home no longer has any vulnerable adults in its care. It is one of four Hillgreen homes that have ceased to operate since November 2015 because the CQC identified, and publicised, lesser problems in their operation. In the case of the home where Tom was allegedly attacked, the commission’s website carries the report of a 2016 inspection that was published in October last year. It rated the facilities as inadequate and unsafe, but not because a high-risk sex offender was allowed unsupervised access to the bedroom of a defenceless, highly vulnerable resident. Instead, the report criticised the home for failings that included storing mops and buckets in the garden and having overflowing bins, scuffed skirting boards, loose handles on kitchen drawers and a broken dishwasher. The report noted the recent promotion of a senior care worker to deputy manager but chose not to reveal that the vacancy was created by the exposure of her predecessor as a convicted sex offender. ... No one has told the residents of those homes, or their families, what happened at the Enfield home in November 2015. It is almost a year since anyone spoke to Tom’s mother about the attack." (2) It is also critical of the care home management: "In written statements seen by The Times, three Hillgreen workers said that Ross Dady, the company’s regional manager, and Roger Goddard, its director of care, initially told them they should not contact police or any external authorities. ... [Tom's mother's] shock and dismay increased, she said, when the manager told her that Tom had not yet been taken to hospital and that JL had not been arrested because '[Tom] may have consented to it'. There is some disagreement as to how swiftly, and by what means, the various safeguarding authorities became aware of the incident but by the time the police were involved Tom’s underwear had already been put through the laundry." (3) After this article the CQC did prosecute: see CQC v Hillgreen Care Ltd [2018] MHLO 50.

2017-07-27
Andy McNicholl, 'Court quashes “unlawful” Care Act assessment of learning disabled man' (Community Care, 3/7/17) News article

Community care case summary

This article summarises R (JF) v London Borough of Merton [2017] EWHC 1519 (Admin).

2017-07-03
Brenda Hale, Mental Health Law (6th edn, Sweet and Maxwell 2017) Book

Mental health law book

Covers mental health law and associated mental capacity law topics. See book review by Alex Ruck Keene, 1/5/17.

2017
British National Formulary (Pharmaceutical Press, 73rd edn 2017) Book 2017
HMPPS, 'Mentally disordered offenders - the restricted patient system' (22/12/17) Guidance

Overview of restricted patient system

"This guidance provides stakeholders (including patients and their families, victims, Responsible Clinicians and other report writers and multi-disciplinary team members) with an overview of the restricted patient system in England and Wales and the role of the Secretary of State for Justice and the Mental Health Casework Section (MHCS) in Her Majesty’s Prison and Probation Service (HMPPS)."

2017-12-22
Independent Review of the Mental Health Act 1983 by Simon Wessely (2018) Consultation

Extract from website: "The review was set up to look at how the legislation in the Mental Health Act 1983 is used and how practice can improve. The purpose of the review is to understand the reasons for: (a) rising rates of detention under the Act; (b) the disproportionate number of people from black and minority ethnic groups detained under the Act; (c) processes that are out of step with a modern mental health care system. The review will seek the views of service users, carers, relevant professionals, and affected organisations in producing recommendations. It will produce a report with recommendations for change in autumn 2018."

2017-10-04
Jonathan Wilson, 'Mental health: update' (Legal Action, February 2017) Journal article

Case law update

Jonathan Wilson considers cases concerning the legal status of hospital managers’ hearing decisions, anonymity for mental health patients, the provision of reasons for recall to hospital, and the relevance of the European Convention on Human Rights to mental health tribunal decisions.

2017-02-01
Lucy Series et al, 'Welfare cases in the Court of Protection: A statistical overview' (Cardiff University, 28/9/17) Report

Statistics

The report is based on findings from (1) a study based on data gathered from CoP welfare case files held by the court; and (2) a study using the Freedom of Information Act 2000 to gather data from local authorities and NHS bodies about their involvement in CoP welfare litigation.

2017-09-27
Luke Clements et al, Community Care and the Law (6th edn, LAG 2017) Book

Community care book

See Review by Alex Ruck Keene and Caroline Miles, ‘Community Care and the Law’ (2018) 33 Disability & Society 317†.

2017
Ministry of Justice, 'Family Court Statistics Quarterly, England and Wales, April to June 2017' (28/9/17) Report

Statistics including COP and OPG

This quarterly statistical bulletin includes the following chapters: (10) Mental Capacity Act - Court of Protection; (11) Mental Capacity Act - Office of the Public Guardian. Extract from Gov.uk website: "This report presents the latest statistics on type and volume of cases that are received and processed through the family court system of England and Wales in the second quarter of 2017 (April to June). The material contained within this publication was formerly contained in Court Statistics Quarterly, a publication combining Civil, Family and Criminal court statistics."

2017-09-28
Phillip Sycamore, Mark Hinchliffe and Joan Rutherford, 'Representations to the Tribunals Procedure Committee from the Chamber President, Deputy Chamber President and Chief Medical Member (HESC)' (undated, probably late 2017) Document

This document, together with Tribunal Procedure Committee, 'Extracts from the Minutes of the Tribunal Procedure Committee' (4/10/17 to 7/3/18), were obtained under the Freedom of Information Act by the charity Rethink Mental Illness. They relate to the proposal to abolish pre-hearing examinations and have paper reviews in certain cases. They provide information on the rationale behind the proposals which was omitted from the final version of the consultation document - mainly saving money and promoting flexibility in panel composition (judge-only hearings, including for all s2 cases, and judge-only paper reviews, including for many reference cases).

2017
Richard Jones, Mental Health Act Manual (20th edn, Sweet and Maxwell 2017) Book

MHA book

2017

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