20 March 2017 Blog A compelling case for replacing DoLS with a new scheme says Law Commission The Law Commission’s Mental Capacity and Deprivation of Liberty report and draft Bill has now been published – we will be providing readers with a closer look at the draft Bill and what the recommendations mean to those undertaking Court of Protection cases shortly. Share this article Bookmark this page 1 min read
13 March 2017 Blog Regulator prosecutes Southern Health for failing to provide safe care at mental health unit The prosecution (now well publicised) follows an incident at Melbury Lodge in December 2015. A patient sustained serious injuries during a fall from a low roof at the Royal Hampshire County Hospital. Share this article Bookmark this page 2 min read
9 March 2017 Blog Making senior appointments in NHS trusts. Refreshed guidance to support your trust through the process. This latest guidance sets out the process for all permanent or temporary appointments to chief executive or director posts in NHS trusts and the “key advisory role” NHS Improvement has in the selection process. The March 2017 guidance updates earlier guidance. Share this article Bookmark this page 2 min read
6 February 2017 Blog Anorexia - should the Mental Health Act be used to treat patients? The case of Cheshire & Wirral Partnership NHS Foundation Trust v Z recently considered this issue. It is the second such case in 12 months. Share this article Bookmark this page 3 min read
30 December 2016 Blog DOLS – again…. The Extent of State obligations Readers will recall that, at first instance, the court decided that the state was imputable in any DOL arising out of private care arrangements and therefore that it was correct that the LA should have made an application to the Court of Protection for a welfare order when they became aware of the case. Share this article Bookmark this page 2 min read
19 December 2016 Blog Misconduct in public office – Prison officer caught out A prison officer had worked in a High Security Prison and, over five years, had fed information to a journalist about inmates and general prison issues for just over £10,000. Share this article Bookmark this page 2 min read
19 December 2016 Blog Guardianship and DOLS? The Upper Tribunal in GW v Gloucestershire County Council decided earlier this year that both Guardianship and DOLS can operate together. Share this article Bookmark this page 1 min read
9 December 2016 Blog Making sure your windows ‘is’ locked and safe… If you are still using Windows XP on your IT systems (in whole or on just some PCs) you could easily be inviting cyber criminals to come in and rifle through your sensitive patient information. Share this article Bookmark this page 2 min read
9 December 2016 Blog No entitlement to charge for after-care under section 117 Mental Health Act 1983, in any circumstances On 10 November 2016 the High Court confirmed that eligibility for section 117 after-care cannot be affected by any form of means testing. Share this article Bookmark this page 2 min read
16 August 2016 Blog ICO slaps £40,000 fine on GP practice for disclosing patient information in error The GP practice, from Hitchin, is paying the hefty penalty for wrongfully revealing 62 pages of confidential details about a woman and her family to her estranged ex-partner. Share this article Bookmark this page 2 min read
9 August 2016 Blog Court clarifies engagement of Article 2 in relation to natural deaths in custody A recent High Court decision clarifies when deaths from natural causes of persons in custody or state detention require an Article 2 compliant inquest to be held. Share this article Bookmark this page 2 min read
17 July 2016 Blog Court provides guidance on covert medication and patients subject to deprivation of liberty The recent case of AG v BMBC & Anor [2016] has considered the use of covert medication within a DOLs authorisation scenario. Share this article Bookmark this page 2 min read