Healthcare Law

Ensuring compliance with Court of Protection orders

How far can the Court of Protection go to ensure its orders are complied with? Alex Ruck Keene KC (Hon) examines a recent ruling. Read more

SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

NEWS

Jun 17, 2024

Urgent judicial review claim issued over planned closure by council of “vital” mental health services

A group of claimants are challenging Devon County Council’s decision to close the North Devon Link drop-in services, including on the basis that the local authority failed to have regard to mandatory considerations including its duties under the Care Act 2014 and Health and Social Care Act 2012.

May 31, 2024

Council and Official Solicitor fail in appeal over administration of covert medication to young woman

The Court of Appeal has dismissed appeals brought by a local authority and the Official Solicitor challenging final declarations made by a Court of Protection judge that it was in a young woman’s best interests to cease to be given covert medication, and to leave her current placement to return to live with her mother.

May 24, 2024

Government “not convinced” that reform of PHSO is a priority, despite recommendation by select committee

The Government is "not convinced" that fundamental reform of the Parliamentary and Health Service Ombudsman (PHSO) is a priority at the current time.

May 22, 2024

DHSC issues guidance for healthcare professionals on Prevent duty

The Department for Health and Social Care has issued guidance for healthcare professionals about the Prevent duty, which is part of the Government's counter-terrorism strategy and works to ensure that people who are susceptible to radicalisation are offered appropriate interventions.

May 16, 2024

Councils demand urgent attention for adult social care on tenth anniversary of Care Act

Governments should stop treating adult social care as a political football and make a substantial long-term investment in it to mark the tenth anniversary of the Care Act 2014.

May 07, 2024

Chief executive named acting Parliamentary and Health Service Ombudsman

Rebecca Hilsenrath has been confirmed as the acting Parliamentary and Health Service Ombudsman (PHSO), from 18 April 2024.

May 07, 2024

Judge authorises deprivation of liberty of woman with anorexia at new placement but only while she resides there willingly

A woman who suffers from anorexia cannot be forced to stay in accommodation which she has consented to occupy if she changes her mind, a Deputy High Court judge has ruled on authorising her deprivation of liberty at the new placement.

May 03, 2024

Mother loses appeal over discharge as personal welfare deputy

The Court of Protection has dismissed an appeal brought by the mother of a disabled young man LL against her removal as his deputy for personal welfare.

Apr 23, 2024

Judge makes best interest decision on end of life treatment for young child without relying on parental consent

A High Court judge has allowed a local authority’s application for leave to invoke the inherent jurisdiction in relation to the withdrawal of medical treatment and the provision of end of life care for a young child.

Apr 19, 2024

Council did not appear to conduct competitive procurement exercises for £500k social media payments, director of legal says (2)

An investigation into £500,000 worth of payments made by Essex County Council for social media campaigns has been unable to find what the selection process was like for awarding the work or whether there was a competitive process involved.

Apr 17, 2024

DHSC issues call for evidence as part of review of statutory duty of candour for health and social care providers in England

The Department of Health and Social Care has issued a call for evidence on the operation of the statutory duty of candour for health and social care providers in England, following concerns raised in the Government’s response to the Hillsborough disaster report in December 2023.

FEATURES AND ANALYSIS

May 10, 2024

Capacity, presumptions and catastrophe

Alex Ruck Keene KC (Hon) looks at a High Court judge's careful approach to the presumption of capacity in relation to the mother in a case about end of life treatment for one of her twin sons.

April 17, 2024

Interim declarations in the Court of Protection: a new approach

Shiva Krishnan and Hannah Taylor examine a judge's new formulation for interim declarations on capacity in the Court of Protection.

April 05, 2024

Making final determinations in the Court of Protection

Clare Middleton analyses a Court of Protection judgment concerning an important decision taken at a procedural hearing.

February 22, 2024

Court of Protection case law update: February 2024

Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners.

February 02, 2024

Section 117 after-care statutory guidance – a missed opportunity?

Lee Parkhill reviews new Government guidance on the joint duty under s.117 of the Mental Health Act 1983.

January 25, 2024

Deprivation of Liberty and the Intersection between the Mental Health Act and Mental Capacity Act

Lauren 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 authorise a deprivation of liberty.

January 24, 2024

Mental disorder, medical evidence and deprivation of liberty

His Honour Judge Burrows recently addressed two questions in relating to ‘community DoL’ applications that have bubbled away for some time. Alex Ruck Keene KC (Hon) analyses the ruling.

January 12, 2024

Court of Protection case update: January 2024

Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners.

MORE NEWS

Apr 16, 2024

Information watchdog publishes guidance on transparency in health and social care

The Information Commissioner’s Office (ICO) has published new guidance to “improve transparency” in health and social care.

Apr 16, 2024

Supreme Court hears appeals over reporting restriction orders in withdrawal of treatment cases

The Supreme Court is this week hearing an appeal over the discharge of reporting restriction orders (RROs) protecting the identity of medical professionals involved in the care of patients in respect of whom an application to withdraw treatment had been made.

Apr 08, 2024

Face to face hearings suspended in Mental Health Hospitals and Trusts not compliant with minimum safety standards

His Majesty’s Courts and Tribunals Service (HMCTS) has suspended face to face hearings at some Mental Health Hospitals and Trusts, citing “national security concerns”.

Apr 02, 2024

NHS England appoints consultancy to advise on creation of National Legal Services system

NHS England has appointed Deloitte to a £562,500 contract to undertake the detailed design and launch of its proposed National Legal Services system and provide system support.

Mar 19, 2024

Law Society issues updated guidance on identifying deprivations of liberty

The Law Society of England and Wales has updated its guidance on the Deprivation of Liberty Safeguards (DoLS) following “important developments” in the law.

Mar 14, 2024

Court of Protection declares lawfulness of care plan setting out arrangements for termination of woman’s pregnancy

A judge sitting in the Court of Protection has declared that a care plan setting out the arrangements for the termination of a woman’s pregnancy was lawful.

Mar 13, 2024

Charity calls for urgent reform to resolve “ongoing human rights crisis” around Deprivation of Liberty Safeguards

The Deprivation of Liberty Safeguards (DoLS) process is not working for an “alarming” number of older people, Age UK has warned.

Mar 13, 2024

There is little to suggest social care has turned a corner: The King’s Fund

Compared to 2015/16, more people in England are requesting social care support but fewer people are receiving it, a report by The King’s Fund has found.

Mar 13, 2024

Select committee chair seeks clarification over delay in appointment of permanent ombudsman

The Chair of the Public Administration and Constitutional Affairs Committee (PACAC) has written to Sir Alex Allan, the lead Non-Executive Board member of the Parliamentary and Health Service Ombudsman (PHSO), to raise the issue of the delay in the appointment of a permanent Ombudsman.

Mar 12, 2024

Judge in Court of Protection declines request for judicial visit due to risk of “unconscious bias”

A judge sitting in the Court of Protection has declined to meet the applicant in advance of a capacity hearing, over concerns that a judicial visit “may influence decision making” and cause unfairness to the parties.

Mar 05, 2024

MPs call for legislative reform of Parliamentary and Health Service Ombudsman

The Public Administration and Constitutional Affairs Committee (PACAC) has issued a “renewed call” for legislative reform to the Parliamentary and Health Service Ombudsman's (PHSO's) structure and operations.

Feb 21, 2024

Ministers to amend Criminal Justice Bill to introduce mandatory reporting of child sexual abuse

The Government is to amend the Criminal Justice Bill to make it a legal requirement for anyone in regulated activity relating to children in England, including teachers or healthcare professionals, to report it if they know a child is being sexually abused.

Feb 19, 2024

High Court allows appeal over decision on capacity taken by circuit judge at case management hearing

The High Court has allowed a woman's appeal against a circuit judge's decision at a case management hearing that she lacked capacity to make decisions about her residence and the care she should receive.

Jan 30, 2024

Time to address “silent crisis” of finding safe placements for children with profound needs long overdue, says judge

The High Court has ruled that a vulnerable teenage girl should be moved from hospital to her local authority’s proposed placement in an unregistered placement “as a matter of urgency”, under a high degree of restriction to keep her safe.

Jan 29, 2024

Statutory guidance issued on discharge from mental health inpatient settings including payment for s117 aftercare

The Department for Health and Social Care (DHSC) and NHS England have issued guidance setting out how health and care systems in England should support the discharge of people from mental health inpatient settings.

Jan 29, 2024

Government issues guidance for staff on discharging people at risk of homelessness

The Department of Health and Social Care and the Department for Levelling Up, Housing and Communities have issued guidance for staff involved in planning to discharge patients at risk of or experiencing homelessness, or who have no recourse to public funds.

Jan 19, 2024

MPs demand Government updates Decent Homes Standard without delay amid concern at “catastrophic” impact of poor housing on health of tenants

The Health and Social Care Committee has today (19 January) demanded urgent action from the Government to protect tenants who live in poor quality homes that can have a “catastrophic impact” on their health.

Nov 27, 2023

Refusal of tribunal to adjourn for aftercare evidence was “kicking the can down the road”, Upper Tribunal finds

The Upper Tribunal has allowed an appeal on all three grounds against a decision by the First Tier Tribunal to refuse an application for an adjournment to obtain evidence regarding aftercare.

Nov 23, 2023

Councils do not fully understand personal budget process, Ombudsman warns

A report by the Local Government and Social Care Ombudsman has found that “too often” parents of children with special educational needs and disabilities (SEND) are not being given a choice in how their children are supported because their local councils “do not fully understand the personal budget process”.

Nov 17, 2023

Ex-medical secretary at NHS trust pleads guilty to unlawfully obtaining personal data

A former employee of an NHS trust has been fined for illegally accessing the medical records of more than 150 people.

Nov 16, 2023

Continued high inflation has put charities delivering public service contracts at “crisis point”, NCVO warns

The National Council for Voluntary Organisations (NCVO) has warned that with the funding they receive, 73% of charities can’t meet current demand for the public services they deliver.

Nov 16, 2023

Researchers call for “urgent revision” to fabricated or Induced Illness (FII) guidance

Researchers 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) guidance, including to address its “failure to recognise the harm to parents and children caused by allegations of FII”.

Nov 08, 2023

Bevan Brittan boosts healthcare expertise with appointment of specialist employment partner

Law firm Bevan Brittan has strengthened its health and care expertise with the appointment of experienced employment partner Oonagh Sharma.

Nov 03, 2023

Care commissioners settle claim brought by man who suffered “regime of abuse” at Devon care home

The High Court has approved a settlement for a learning disabled and autistic man whose human rights were breached when he lived at Veilstone care home in Devon.

Nov 02, 2023

Councils urge Government not to undermine effectiveness of section 75 financial arrangements

Councils have urged the Government not to make major changes to Section 75 arrangements, under which budgets are pooled to operate the Better Care Fund.

Oct 27, 2023

Care Quality Commission warns delays in implementing Liberty Protection Safeguards mean “ongoing problems” likely to continue

The Care Quality Commission (CQC) has warned of “ongoing problems” with the current Deprivation of Liberty Safeguards system, and has said that problems with people’s access to care in England is an “enduring issue” in its latest State of Care report.

Oct 26, 2023

High Court judge backs council decision on vaccination of child, rejects objections of mother

The High Court has ruled that a mother cannot prevent the local authority caring for her child having him vaccinated.

Oct 11, 2023

Law Society urges reform of “outdated” mental health legislation

The Law Society has called for urgent reforms to the Mental Health Act, which it has described as "outdated".

Oct 10, 2023

Local authority threatens judicial review over proposed transfer of hospital services

North Lincolnshire Council has threatened judicial review proceedings over proposals to move some services out of Scunthorpe General Hospital, “if local people’s views are not given the weight they deserve when deciding on the future of health services in the area”.

MORE FEATURES

December 19, 2023

Mental health reform in Wales

Is Wales striking out alone on mental health reform? Alex Ruck Keene KC (Hon) looks at recent developments.

December 19, 2023

Remote assessments and MHA renewals

The High Court has ruled out remote assessments for Mental Health Act renewals. Alex Ruck Keene KC (Hon) explains why.

December 08, 2023

Tier 4 CAMHS, detainability under the Mental Health Act 1983 and (righteous) judicial frustration

Alex Ruck Keene KC (Hon) analyses a recent High Court ruling on whether a 15-year-old should continue to be deprived of her liberty in a hospital.

November 29, 2023

All change for commissioning health and social care

Now that the Procurement Act 2023 has received royal assent and the Health Care Services (Provider Selection Regime) Regulations 2023 have been laid before parliament, Emma Watt, Steven Brunning and Amy Callahan-Page summarise the key changes affecting how adult social care services and health services will be commissioned and procured.

October 20, 2023

Court of Protection case law update

Lauren Gardner and Eleanor Suthern round up the latest rulings of interest to Court of Protection practitioners.

October 20, 2023

Is refusal of food indicative of lack of capacity?

Ella Pudney discusses a recent Court of Protection case on whether the refusal of food in prison was indicative of a lack of capacity.

September 22, 2023

Unpacking community contributions

Rohini Vekaria analyses recent developments in relation to community contributions, in particular in relation to education and healthcare.

September 08, 2023

Dialysis and different realities – the Court of Protection has to decide

In a recent ruling a senior judge has helpfully reminded us of the fact that a person with cognitive impairments may be operating within a very different reality to everyone else does not mean that it is a reality which can simply be ignored, writes Alex Ruck Keene KC (Hon).

August 18, 2023