One Source Dec 19 Deputy Director

Tower Hamlets Dec 19 Updated 600 3

Deprivation of liberty in the community – how not to apply to court

A recent case reads as an object lesson in how not to make an application to the Court of Protection to authorise deprivation of liberty, writes Alex Ruck Keene. Read more
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  NEWS

Nov 21, 2019

Applications for DoLS by care homes and hospitals up 15% each year since 2014-15: report

The number of applications made by care homes and hospitals to local authorities under the Deprivation of Liberty Safeguards (DoLS) has increased by an average of 15.0% each year since 2014-15, official statistics from NHS Digital have revealed.
Nov 19, 2019

Court of Appeal hears challenge over transfer of services from North East hospital

The Court of Appeal is this week hearing a challenge to the decision by clinical commissioning groups (CCGs) to transfer services away from South Tyneside Hospital.
Nov 15, 2019

Information watchdog updates guidance for data controllers on protecting ‘special category data’

The ICO has issued updated guidance on special category data, to which data controllers must give extra protection under the GDPR.
Nov 13, 2019

Minimum unit price for alcohol to be introduced in Wales in March 2020 after Assembly approval

The Welsh Government will introduce a minimum unit price for alcohol of 50p from 2 March 2020, after regulations were this week approved by the National Assembly for Wales.
Oct 18, 2019

Legal action over prolonged detention of girl resolved following mediation

Legal action brought by a father over his daughter’s prolonged detention has been resolved, including a claim for damages, following mediation.
Oct 18, 2019

Charity in legal action over charging policy for vulnerable migrant women accessing NHS maternity care

A charity has launched a judicial review over the policy of charging vulnerable migrant women for NHS maternity care, saying it was deterring them from attending essential health care appointments.
Oct 10, 2019

Ombudsman raps council for failing to review care plan for five years, not adhering to statutory guidance

An investigation by the Local Government and Social Care Ombudsman has found a council at fault for not reviewing an autistic woman’s care plan for more than five years, and for not adhering to the most fundamental parts of the Care and Support Statutory Guidance.
Oct 01, 2019

NHS bodies urge scrapping of s.75 tendering rules and removing healthcare commissioning from Public Contracts Regulations

There is strong public and NHS staff support for scrapping section 75 of the Health and Social Care Act 2012 and for removing the commissioning of NHS healthcare services from the jurisdiction of the Public Contracts Regulations 2015, NHS England and NHS Improvement have said.
Sep 16, 2019

Court of Appeal agrees to hear battle over closure of services at South Tyneside Hospital

The Court of Appeal has given permission to campaigners to appeal a High Court ruling rejecting their judicial review challenge over the closure of services at South Tyneside Hospital.
Sep 12, 2019

Campaigners bring legal action against clinical commissioning group in bid for new hospital

A clinical commissioning group is facing legal action from a local campaign group which, unusually, objects to three hospitals being kept open.

  FEATURES AND ANALYSIS

November 01, 2019

NHS trusts and the duty of candour

The Care Quality Commission (CQC) recently decided not to pursue a duty of candour case against an NHS trust due to a lack of evidence. Sarah Knight looks at the lessons to be learned.
October 25, 2019

Transgenderism and chosen pronouns

A Christian doctor was recently dismissed for refusing to address transgender patients by their chosen pronoun. Nadjia Zychowicz reports on the Employment Tribunal’s subsequent ruling.
October 25, 2019

Fluctuating capacity: decisions on the management of diabetes

Hope Davis-McCallion examines how the Court of Protection approached deciding whether a woman had capacity to make decisions about the management of her diabetes.
October 11, 2019

The limits of the inherent jurisdiction (1)

Mr Justice Cobb recently handed down two important decisions on the scope of the inherent jurisdiction at the border of the Mental Capacity Act 2005. In the first of two articles on these rulings, the Court of Protection team at 39 Essex Chambers examine a case concerning a young adult and the use of the inherent jurisdiction to authorise deprivations of liberty where there is no statutory…
September 06, 2019

The extent of the inherent jurisdiction

Christine Cooper reports on an unusual inherent jurisdiction case that recently went before a High Court judge.
August 23, 2019

The MHA and the MCA in the community

The Court of Protection team at 39 Essex Chambers report on the outcome of a ruling dealing with streamlined Re X applications made by two local authorities.
August 23, 2019

Segregation on mental health wards

The Care Quality Commission (CQC) recently published interim findings about the segregation in mental health wards of young people and people with a learning disability or autism. Holly Bridden looks at the lessons to be learned.
August 16, 2019

Fluctuating capacity – micro vs macro decisions

Alex Ruck Keene looks at the lessons to be learned from the latest Court of Protection to address the issue of fluctuating capacity.

  MORE NEWS

Sep 10, 2019

NHS trust launches investigation into serious data breach at gender identity clinic

The Tavistock and Portman NHS Foundation Trust has said it is investigating a data security incident reportedly involving the Charing Cross Gender Identity Clinic.
Aug 30, 2019

Batten Disease families get green light for High Court challenge over decision not to provide treatment

Four children with the neurodegenerative condition Batten disease have been given permission to bring a judicial review challenge over a decision to not make a potentially life-saving treatment available through the NHS in England.
Aug 27, 2019

Browne Jacobson advises on major North West NHS university hospital trusts merger

Law firm Browne Jacobson has acted as legal adviser on the merger clearance of a deal that will lead to the formation of one of the North of England’s biggest university hospital trusts.
Aug 21, 2019

Care home manager to be sentenced for failure to disclose evidence at inquest

A former manager at a care home where a young woman died is due to be sentenced later this month for failing to attend and disclose evidence to an inquest.
Aug 19, 2019

Green light given for judicial review over stroke unit closures in Kent

Campaigners have been granted permission to bring a judicial review challenge over plans to reduce the number of hospitals able to offer emergency stroke treatment in Kent.
Aug 15, 2019

Council succeeds in getting procurement claim brought by NHS trust struck out

The Technology and Construction Court has accepted Cornwall Council's arguments that a procurement claim made against it by the Royal Cornwall Hospitals NHS Trust should be struck out.
Aug 06, 2019

Health procurement body names ten law firms to £40m legal services panel

The HealthTrust Europe group purchasing organisation for NHS bodies has appointed ten providers to its latest legal services framework, which is worth an estimated £40m.
Aug 02, 2019

CCGs defeat court bid to stop NHS reorganisation

Two clinical commissioning groups (CCG) have hailed a written judgement as vindicating a controversial service reorganisation in South Tyneside and Sunderland, although campaigners have warned they plan to appeal.
Jul 26, 2019

Dorset healthcare campaigners denied fresh judicial review of NHS reorganisation

Campaign group Defend Dorset NHS has been refused a second judicial review of plans by the Dorset Clinical Commissioning Group to re-structure NHS service in the county.
Jul 25, 2019

High Court hearing over closure of A&E services at hospital shelved after trust bosses agree to consultation

A High Court hearing into the suspension of accident and emergency services at The Friarage hospital in Northallerton has been vacated this week after management at the South Tees NHS Foundation Trust agreed to hold a full consultation into the decision.
Jul 02, 2019

Select committee backs plans to reduce burdens of competition rules on NHS

Collaboration, rather than competition, is the best way forward for the NHS and the wider health and care system, MPs on the Health and Social Care Committee have said.
Jun 18, 2019

Campaigners get green light to challenge suspension of A&E services at Yorkshire hospital

A High Court judge has granted campaigners permission to challenge the suspension of accident and emergency services at a hospital in North Yorkshire.
Jun 17, 2019

Minister unveils plan to introduce Liberty Protection Safeguards in October 2020

The Government intends to bring the Liberty Protection Safeguards system into force on 1 October 2020, the Minister for Care Caroline Dinenage has announced.
Jun 12, 2019

NHS Counter Fraud Authority identifies key areas for investigation in 2019/20

General practice contracts, pharmaceutical contractors and procurement and commissioning will be the key areas investigated by the NHS Counter Fraud Authority in the coming year.
Jun 11, 2019

Jehovah's Witness blood transfusion dispute referred to the High Court

The High Court is due to decide whether a 17 year-old Jehovah’s Witness suffering from leukaemia can be treated with blood products against his will.
May 23, 2019

Judge gives clinical commissioning group go-ahead to award elective surgery contract

A judge has this week allowed Rushcliffe Clinical Commissioning Group (CCG) to award an elective surgery contract to Nottingham University Hospitals (NUH) NHS Trust, following a legal challenge by Circle Health.
May 21, 2019

CQC urges reviews of cases where people with learning disability or autism are segregated in hospital

An independent review should be carried out of every person who is being held in segregation in mental health wards for children and young people and wards for people with a learning disability or autism, the Care Quality Commission has said.
May 20, 2019

Charity launches judicial review challenge over policy for distributing medical research funding

A charity has launched a legal challenge over United Kingdom Research and Innovation’s (UKRI’s) policy on distributing medical research funding.
May 02, 2019

End of road for legal challenge over new form of NHS contract as Supreme Court refuses permission to appeal

Campaign group 999 Call for the NHS has hit out at the Supreme Court’s refusal of permission to appeal in its challenge over a new form of NHS contract, describing the decision as “completely illogical”.
May 02, 2019

Health care provider brings procurement challenge over contract award by CCG

Health care provider Circle has launched a High Court challenge against Rushcliffe Clinical Commissioning Group (CCG) over its award of an elective surgery contract to an NHS trust that Circle claims is in a poor financial state.
Apr 25, 2019

County suspends scrutiny of changes to general hospital surgery after NHS threatened with legal action

Gloucestershire County Council has suspended scrutiny of a proposed change to general hospital surgery in the county after a campaign group threatened the NHS with judicial review.
Apr 15, 2019

Court of Appeal rejects challenge to consultation on planned bed closures at Oxfordshire hospital

The Court of Appeal has dismissed an appeal by campaigners over proposed bed closures at Horton General Hospital in Oxfordshire.
Apr 10, 2019

ICO fines production company £120,000 for unlawful filming in maternity clinic

The Information Commissioner’s Office has issued a £120,000 on a television production company which unfairly and unlawfully filmed patients at a maternity clinic.
Apr 09, 2019

Councillor leads crowdfunding for legal challenge over stroke unit closure in Thanet

A county councillor is to spearhead the crowdfunding for a legal challenge over the proposed closure of the stroke unit at the Queen Elisabeth the Queen Mother hospital in Margate.
Apr 03, 2019

Home Office consults on legal duty to raise concerns about children and knife crime

Home Secretary Sajid Javid has launched a consultation about placing a legal duty on public bodies, including hospitals, to raise concerns about children at risk of becoming involved in knife crime.

  MORE FEATURES

July 26, 2019

Entitlement to personal independence payments

The Supreme Court has this month considered an appeal over entitlement to Personal Independence Payments. Leon Glenister explains the ruling.
July 26, 2019

DoLS, inquests and Article 2 ECHR

Does a DoLS automatically engage Article 2 of the European Convention on Human Rights at inquest? Jessica Swift and Martin English examine the impact of a recent Divisional Court ruling.
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May 24, 2019

Liberty Protection Safeguards – a new frontier or further difficulties?

The Mental Capacity (Amendment) Act 2019 received Royal Assent earlier this month. Matthew Angus and Amanda Mead examine its key provisions and how they will affect local authorities, health bodies and other organisations.
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May 24, 2019

Conversations about religion with patients

The Court of Appeal has rejected a nurse’s appeal against dismissal for improper conversations about religion with patients. Alessandra Gettins, Emma Rowley and Bridget Prosser explain why.
Justice from Old Bailey HB Editorial
April 18, 2019

A delicate line – litigation friends and P asserting litigation capacity

A Court of Protection judge recently heard an appeal against a ruling that a man lacked capacity to conduct proceedings. The CoP team at 39 Essex Chambers report on the outcome.
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February 15, 2019

NHS Trusts and apologies

The Care Quality Commission has fined a NHS Trust for failing to apologise. Jake Richards considers the lessons from the case.
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January 25, 2019

The NHS Long Term Plan - Procurement and Competition

The NHS Long Term Plan raises some interesting issues for anyone involved in procurement and bidding in the health sector, writes Mary Mundy.
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January 18, 2019

The NHS Long Term Plan

Gerard Hanratty provides a legal overview of the new NHS Long Term Plan.
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January 11, 2019

Community treatment orders, conditions and deprivations of liberty

Do responsible clinicians have the power to impose conditions in a community treatment order (CTO) which have the effect of depriving a patient of his liberty? The Court of Protection team at 39 Essex Chambers analyse a Supreme Court ruling.
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January 04, 2019

Discharging restricted patients and deprivations of liberty

The Supreme Court has issued a significant ruling on the power to impose conditions on a discharge of a restricted patient which would amount objectively to a deprivation of the patient’s liberty. The Court of Protection team at 39 Essex Chambers analyse the judgment.
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January 04, 2019

Integrated Care Providers and payment mechanisms

The Court of Appeal has confirmed the lawfulness of the proposed Whole Population Annual Payments for the NHS. Alistair Robertson and Jonathan Blunden analyse the ruling.
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December 14, 2018

Ripping up the Mental Health Act?

Sophy Miles sets out some of the key recommendations of the Independent Mental Health Act Review, which has led to the government announcing plans for a new Mental Health Bill.
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December 14, 2018

The NHS, overseas visitors and charging

The Government’s 2017 reforms to the NHS charging regime for ‘overseas visitors’ have been upheld in the High Court. Daniel Isenberg analyses the judgment.
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December 07, 2018

No half-way house for restricted patients

The Supreme Court has clarified the limited scope of Tribunal discharge of restricted patients detained in hospital following a criminal conviction. Michael Paget and Zoë Whittington examine the ruling.
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November 02, 2018

Looked after children and medical treatment

Eleanor Derry and Deborah Jeremiah consider the issues around obtaining consent for the provision of medical treatment to looked after children.
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October 26, 2018

Deprivation of liberty, court review and costs

The Court of Protection team at 39 Essex Chambers look at the costs outcome where a local authority was late to apply for a review of a deprivation of liberty.
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October 12, 2018

NHS trusts, non-clinically trained staff and duties of care

The Supreme Court has found a hospital liable for inaccurate waiting time information given by its A&E reception. Peter Downey and Mark Ashley consider the implications.
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October 12, 2018

Holding prisoner in a foreign land

The Court of Protection team at 39 Essex Chambers analyse a powerful ruling in a case where it took years for a Colombian woman with a severe brain injury to be repatriated.
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August 24, 2018

NHS service reconfiguration

The High Court has quashed proposed service reconfiguration in Corby. Alistair Robertson and Amy Smith look at the lessons to be learned.
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July 13, 2018

A new model of healthcare body

The Administrative Court recently considered a challenge to the creation of a new model for the provision of health and social care in England. Jonathan Auburn analyses the outcome.
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