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Resources > Type : Journal article or Newspaper article or Tribunal_guidance

Showing below up to 12 results in range #1 to #12.

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Resource Type Sentence Abstract Date
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
Belfast Telegraph, 'Blind veteran tells judge he is ‘living again’ after going home' (19/3/19) Newspaper article

Man returns home after inherent jurisdiction case

The article states that Hayden J is overseeing developments at follow-up hearings in London, and that at a hearing the previous week the council's lawyers stated that Douglas Meyers had returned home. The High Court decision is: Southend-On-Sea Borough Council v Meyers [2019] EWHC 399 (Fam).

2019-03-19
David Hewitt, 'Illegitimate concern' (2013) 157(25) SJ 9 Journal article

Nearest relative of adult

This article argues that the unmarried father of an adult patient is a relative for the purposes of s26, whether or not he had parental responsibility. This seems wrong as the wording of s26 means that for its purposes an unmarried father is not a relative of an adult patient because it is not possible to have parental responsibility for an adult. It may be in future that the the courts are asked to adjudicate on whether or not the situation is compatible with the ECHR, in particular in relation to an unmarried father who used to have parental responsibility.

2013
Evening Gazette, 'Canvey: Cash damages for patient “an insult”' (4/12/00) Newspaper article

False imprisonment damages claim

The defendant's offer was rejected, so the case was to proceed to a jury trial.

2000-12-04
Evening Gazette, 'Canvey: Gary's Pyrrhic victory' (27/2/01) Newspaper article

False imprisonment damages claim

The claimant was awarded damages of £26,000, which was less than defendant's £30,000 offer.

2001-02-27
Gareth Owen et al, 'Advance decision-making in mental health - suggestions for legal reform in England and Wales' (2019) 64 Intl JL & Psychiatry 162 Journal article

Advance decision-making

Publisher's abstract: "This paper argues that existing English and Welsh mental health legislation (The Mental Health Act 1983 (MHA)) should be changed to make provision for advance decision-making (ADM) within statute and makes detailed recommendations as to what should constitute this statutory provision. The recommendations seek to enable a culture change in relation to written statements made with capacity such that they are developed within mental health services and involve joint working on mental health requests as well as potential refusals. In formulating our recommendations, we consider the historical background of ADM, similarities and differences between physical and mental health, a taxonomy of ADM, the evidence base for mental health ADM, the ethics of ADM, the necessity for statutory ADM and the possibility of capacity based ‘fusion’ law on ADM. It is argued that the introduction of mental health ADM into the MHA will provide clarity within what has become a confusing area and will enable and promote the development and realisation of ADM as a form of self-determination. The paper originated as a report commissioned by, and submitted to, the UK Government’s 2018 Independent Review of the Mental Health Act 1983."

May 2019
Jonathan Wilson, 'Mental health: update' (Legal Action, April 2016) Journal article

Case law update

Jonathan Wilson looks at decisions on how tribunals should approach unlawfulness, conditional discharge and deprivation of liberty, representatives, withdrawal of tribunal applications, appropriate treatment, guardianship, assessment of risk, and social circumstances reports.

2016-04-01
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
Jonathan Wilson, 'Mental health: update' (Legal Action, February 2018) Journal article

Case law update

Jonathan Wilson considers mental health case law relating to capacity, deprivation of liberty, discharge, after-care, and procedural matters.

2018-02-01
Jonathan Wilson, 'Mental health: update' (Legal Action, February 2019) Journal article

Case law update

Jonathan Wilson considers mental health case law from the past year relating to deprivation of liberty in the community, tribunal procedure, detention criteria, pocket money, after-care and other matters.

2019-02-01
Paul Bracchi, 'How DID they let this legal aid lawyer con us all out of £22m?' (Daily Mail, 11/1/19) Newspaper article

Summary of Blavo case

The following quotation is from this detailed article: "In another ludicrous example, investigators found that the mental health facility in question had closed (in 2008) and burnt down (in 2010), so was not operational at the time the tribunal supposedly took place. The officials who checked this nonsense must have wondered if the person who put it on paper was a solicitor or a comedian."

2019-01-11

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