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Deprivation of Liberty and the Intersection between the Mental …

WEBLauren Gardner sets out the key differences between the Mental Health Act 1989 and Mental Capacity Act 2005, and explains when they should be used to …

Actived: 5 days ago

URL: https://www.localgovernmentlawyer.co.uk/adult-social-care/307-adult-care-features/56209-deprivation-of-liberty-and-the-intersection-between-the-mental-health-act-and-mental-capacity-act

Local authorities and health services

WEBThe LexisPSL Local Government team and Ros Ashcroft examine l. ocal authority statutory functions with regard to the provision of health services. This article …

Category:  Health Go Health

Community Treatment Orders: does seeing patients remotely …

WEBJonathan Auburn and Lucy McCann assess whether decision-making as to community treatment orders requires physical attendance. The recent judgment of the …

Category:  Health Go Health

Section 117 after-care statutory guidance – a missed opportunity

WEBLee Parkhill reviews new Government guidance on the joint duty under s.117 of the Mental Health Act 1983. On 26 January 2024, the Department of Health and …

Category:  Health Go Health

Woman with diabetes and subject to deprivation of liberty in care

WEBA Court of Protection judge has ruled that a woman with type 1 diabetes and mental health issues can go home, after being deprived of her liberty in a specialist …

Category:  Health Go Health

Court of Protection issues ruling in test case on appointment of

WEBA Court of Protection judge has clarified the circumstances in which family members may become personal welfare deputies for people aged over 18, calling for the …

Category:  Health Go Health

The role of the Care Quality Commission

WEBThe CQC is a non-departmental statutory body, sponsored by the Department of Health, responsible for regulating health and social care services in England, as well …

Category:  Health Go Health

The Care Act 2014 – Changes to Section 117 Mental Health Act 1983

WEBIn this article, I will specifically focus on the changes being made to section 117 of the Mental Health Act 1983 (MHA) by section 75 of the Care Act 2014. Section …

Category:  Health Go Health

When is guidance ‘statutory’ and does it matter

WEBAll sorts of people throw guidance at professionals that does not bear the label ‘statutory’. It is of varying quality and usefulness. Some of it is driven by a political …

Category:  Health Go Health

Mental capacity and voting rights

WEBNo. In fact s73 Electoral Administration Act 2006 explicitly abolished "Any rule of the common law which provides that a person is subject to a legal incapacity to …

Category:  Health Go Health

Local authority duties and decision-making

WEBThe Court of Appeal has given important guidance on local authority duties and decision-making. James Goudie QC and Ronnie Dennis set out its key findings. The …

Category:  Health Go Health

Researchers call for “urgent revision” to fabricated or Induced …

WEBResearchers at the University of Leeds have called for “urgent revision” to the Royal College of Paediatrics and Child Health’s fabricated or Induced Illness (FII) …

Category:  Health Go Health

Long-term leave under s.17 Mental Health Act

WEBThe current Mental Health Act Code of Practice recommends that s.17 should typically not be of a long duration, stating at 27.11-27.13 that ‘Leave should …

Category:  Health Go Health

Alcohol and capacity

WEBAlcohol and capacity. July 31, 2020. Tweet. Print. Email. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the …

Category:  Health Go Health

A test of strength

WEBA test of strength. March 23, 2010. Tweet. Print. Email. The transition to a ‘Strong Leader Plus’ model of executive, as envisaged by the Local Government and Public …

Category:  Health Go Health

Serious Case Review into Winterbourne View details litany of failings

WEBSerious Case Review into Winterbourne View details litany of failings. A damning independent review into the abuse uncovered at Winterbourne View Hospital …

Category:  Health Go Health

Recovering social care debt

WEBRecovering social care debt. Caroline Sanders analyses some of the legal complexities that can affect a social care debt recovery case, such as the overlap with …

Category:  Health Go Health

CCTV and care packages

WEBHannah Taylor is an Associate at Bevan Brittan. She can be contacted on 0370 194 3046 or by email. The use of CCTV in packages of care in the community …

Category:  Health Go Health

Multi-storey residential buildings: the latest Government advice

WEBMark London, Michael Wharfe and Yaasica Hamilton-Haye examine advice issued last week by the Ministry of Housing, Communities and Local Government for …

Category:  Health Go Health

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