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Long-term leave under s.17 Mental Health Act

Arianna Kelly analyses a recent judgment in which the Upper Tribunal considered whether a s.3 Mental Health Act detention can persist during long-term s.17 Mental Health Act leave without any active connection between the patient and hospital. Read more
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  NEWS

May 10, 2021

High Court judge explains £250k cost-capping order in PPE procurement proceedings

A High Court judge has given her reasons for making a costs capping order of £250,000 in respect of both the claimants, the Good Law Project and EveryDoctor, and the defendant, the Secretary of State for Health and Social Care, in the procurement challenge over the award of contracts for the supply of personal protective equipment (PPE).
Apr 30, 2021

Parliamentary and Health Service Ombudsman to routinely publish its investigations

The Parliamentary and Health Service Ombudsman (PHSO) has from this week begun to routinely publish its investigations including those cases where serious mistakes have been made and not readily admitted nor addressed.
Apr 20, 2021

Failure of NHS trust to consult public on temporary closure of A&E department was unlawful, High Court judge rules

An NHS Trust acted unlawfully when it failed to consult service users before deciding to close a hospital's A&E department temporarily, a High Court judge has ruled.
Apr 18, 2021

NHS procurement consortium appoints 11 firms to re-procured legal services framework agreement

The NHS North of England Commercial Procurement Collaborative (NoE CPC) has re-procured its framework agreement for the provision of legal services, awarding the contract to 11 law firms.
Apr 15, 2021

Government consults on requiring care home workers to have Covid-19 vaccination

The Government has launched a five-week consultation on requiring care home providers, caring for older adults, to deploy only those workers who have received their COVID-19 vaccination.
Apr 06, 2021

Covid-19 status certification likely to have significant implications for councils: LGA

The Local Government Association has urged the Government to work closely with councils on any proposals for Covid-19 status certification.
Apr 05, 2021

Health and care regulator names two firms to panel worth up to £6m

The Health and Care Professions Council has appointed two law firms to a legal services framework worth up to £6m over five years.
Mar 24, 2021

Department of Health and Social Care issues ‘roadmap regulations’

MPs will vote tomorrow (25 March) on the Government's ‘roadmap regulations’ setting out its proposed next phase of ‘easements’.
Mar 15, 2021

Judge orders children to be taken into long-term foster care over concerns about weight

A Family Court judge has made a care order for two children described as "severely overweight" to be taken into long-term foster care, following an application by West Sussex County Council.
Mar 04, 2021

Court of Appeal rejects appeal by ex-magistrate over dismissal for views on adoption by same-sex couple

A magistrate and NHS trust board member who was dismissed over his views - based on his beliefs as a Christian - about the appropriateness of the adoption of a child by a same-sex couple, has lost two cases in the Court of Appeal.

  FEATURES AND ANALYSIS

April 13, 2021

What does the COVID pandemic mean for the standard of care?

What is the impact of the COVID-19 pandemic on the interpretation of the appropriate standard of care? Chris Bright QC, John Coughlan QC, Gemma Roberts, and Neil Shastri-Hurst explore the key implications.
March 22, 2021

Section 117 After-care and Ordinary Residence

A High Court judge has held that a new interpretation of s.117 of the Mental Health Act 1983 advanced by the Health Secretary when determining an ordinary residence dispute was wrong, and quashed the minister’s determination. The judgment gives welcome clarification on how ordinary residence, under s. 117, operates, writes Lee Parkhill.
March 05, 2021

Late publication of contracts

David Mitchell examines a recent ruling that the late publication of coronavirus contracts by the Department of Health and Social Care was unlawful.
February 26, 2021

Health and Care White Paper: opportunities for local authorities

Kirtpal Kaur Aujla considers what the Government's Health White Paper means for local authorities.
February 12, 2021

The Covid-19 vaccine and capacity

A senior judge recently ruled that it was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son. Jennifer Swan analyses the judgment.
February 05, 2021

Community Treatment Orders: does seeing patients remotely suffice?

Jonathan Auburn and Lucy McCann assess whether decision-making as to community treatment orders requires physical attendance.
February 05, 2021

Ripping up the Mental Health Act - the journey continues

The Government has published a white paper on reforming the Mental Health Act 1983, promising that its proposed changes would provide patients with greater choice and autonomy in a mental health crisis. Sophy Miles sets out the key points.
December 22, 2020

Consulting on new policies

The Court of Appeal has confirmed the correct tests to apply to determine whether: (1) a public body has consulted fairly; and (2) is under a legitimate expectation to consult. Matthew Alderton analyses the ruling.

  MORE NEWS

Feb 25, 2021

Council failed to investigate cancer cluster concerns, Ombudsman finds as it warns it will investigate actions of Directors of Public Health

Barking and Dagenham Council is to review reports of a possible cancer cluster within the borough after an investigation by the Local Government and Social Care Ombudsman found it previously failed to act on a woman's concerns.
Feb 24, 2021

Judges overturn conviction for refusal to give name and address in case of suspected Covid regulations breach

The Administrative Court has ruled that a man was entitled to refuse to give his name and address to a police officer who wanted to issue a fixed penalty notice for breach of lockdown regulations.
Feb 24, 2021

Good Law Project secures cost-capping order for PPE judicial review

The Good Law Project has secured a cost-capping order in its judicial review challenge over the award of PPE contracts without advertisement or competition, although the sum is two and a half times the limit it sought.
Feb 23, 2021

Court of Protection and mental health tribunal specialist joins Field Court

Winsome Levy, a specialist in Court of Protection, mental health tribunal, adult social care and inquest cases, has joined Field Court Chambers.
Feb 19, 2021

Health Secretary "unlawfully failed to comply with transparency policy" when procuring PPE: High Court judge

The Secretary of State for Health and Social Care acted unlawfully by failing to comply with the Government’s ‘Transparency Policy’ when procuring PPE (personal protective equipment) during the pandemic, a High Court judge has ruled.
Feb 18, 2021

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant

A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.
Feb 09, 2021

Judge gives permission for High Court challenge over requirement in Covid regulations for meal if alcohol being served

A judge has granted the Night-Time Economy Adviser for Greater Manchester and two other residents of the city permission for a legal challenge over the restriction on serving alcohol unless it is with a table meal.
Feb 05, 2021

Government Legal Department forced to outsource legal services for Test and Trace due to Brexit

The Department of Health and Social Care (DHSC) had to outsource legal services for its Test and Trace (T&T) programme last year because the Government Legal Department's resources were "increasingly being redeployed towards EU Exit", it has emerged.
Jan 27, 2021

Senior judge authorises giving Covid-19 vaccine to 80-year-old woman in care home despite objections of son

It was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son, the Vice-President of the Court of Protection has ruled.
Jan 25, 2021

Divisional Court finds Mental Health Act assessments require physical attendance and cannot be undertaken remotely

The phrases "personally seen" in s. 11(5) of the Mental Health Act 1983 and "personally examined" in s. 12(1) require the physical attendance of the person in question on the patient, the Divisional Court has clarified.
Jan 13, 2021

Court of Protection team at 39 Essex Chambers issues guidance notes on vaccination and testing for Covid-19 and mental capacity

The Court of Protection team at 39 Essex Chambers has published two rapid response guidance notes, covering mental capacity, vaccination and testing for Covid-19.
Jan 13, 2021

Government publishes White Paper on reforming Mental Health Act

The Government has published a white paper on reforming the Mental Health Act 1983, promising that its proposed changes would provide patients with greater choice and autonomy in a mental health crisis.
Jan 11, 2021

High Court judge dismisses challenge over lack of public consultation on NHS hospital reconfiguration in Hertfordshire

A High Court judge has dismissed a judicial review challenge over the reorganisation of hospital provision in Hertfordshire.
Dec 23, 2020

Health Secretary facing legal challenge over failure to provide sight-impaired people with shielding information in accessible format

A blind woman has brought a legal challenge over the government’s alleged failure to provide her with accessible shielding information during the COVID-19 pandemic.
Dec 15, 2020

London borough threatens Health Secretary with legal action over plans to downgrade hospital

Merton Council has sent a pre-action letter to the Health Secretary over his decision not to order a full independent review into plans to close the accident and emergency department and consultant-led maternity services at St Helier Hospital.
Dec 14, 2020

Law firm sends letter before claim to Health Secretary over vaccine access of individuals with learning disabilities

A letter before claim was last week sent to the Secretary of State for Health, Matt Hancock, calling for individuals with learning disabilities to be granted priority access to the Covid-19 vaccine on an equal basis with other highly vulnerable adults.
Dec 14, 2020

NHS procurement consortium to re-procure legal services framework agreement

The NHS North of England Commercial Procurement Collaborative (NOE CPC) isto re-procure its framework agreement for the provision of legal services.
Dec 09, 2020

Council holds off legal challenge over Tier 3 status for now after receiving response from government lawyers to pre-action letter

Stratford-on-Avon District Council has ruled out a judicial review challenge “at this stage” over ministers’ decision to place it in Tier 3 on the lifting of the latest lockdown, after the Government Legal Department responded to its pre-action letter.
Dec 01, 2020

Council sends pre-action protocol letter after being placed in Tier 3

A district council is to bring a judicial review challenge over the Government's decision to put it into Tier 3 after the current lockdown restrictions end.
Dec 01, 2020

High Court gives permission for legal challenge to decision to close hospital A&E department temporarily as part of plans for Covid-safe “Green Site”

A High Court judge has given permission for a legal challenge over a decision to close Grantham and District Hospital’s A&E department and replace it with an urgent care centre until at least 31 March 2021.
Nov 20, 2020

Regulator of health and care professions to procure £5.9m legal services panel

The Health and Care Professions Council has given notice of its intention to procure a three-lot legal services panel worth an estimated £5.9m.
Nov 06, 2020

Police arrest gym owner on suspicion of breaching COVID lockdown regulations, council issues venue with prohibition notice

Essex Police have arrested a gym owner in Harlow on suspicion of breaching coronavirus legislation.
Nov 04, 2020

Good Law Project and Runnymede Trust send pre-action letter over appointment of head of National Institute for Health Protection

The Good Law Project is seeking to raise £100,000 for a legal challenge to the appointment of Baroness Harding to head the National Institute for Health Protection.
Oct 29, 2020

Court of Appeal identifies lessons on out of hours applications after disabled man sees human rights breached

The Court of Appeal has set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached.
Oct 26, 2020

Damning CQC report calls for improved community-based capacity, pooled budgets and new national specialist commissioner of complex care

A Care Quality Commission review has found “undignified and inhumane” care in some hospital settings providing complex care for autistic people, and people with a learning disability and/or mental health condition.

  MORE FEATURES

December 22, 2020

New local authority Covid enforcement powers

Gary Grant analyses the new enforcement tools that allow local authorities in England to take action against premises that do not comply with COVID-secure rules.
December 20, 2020

The Tier 4 Regulations: impact on businesses

Gary Grant sets out the key points for businesses from the Government's regulations implementing the new Tier 4.
November 27, 2020

Vaccinations for children

When it comes to vaccinations for children, what happens when there is disagreement either between parents or between parents and the local authority? Sophia Stapleton looks at the legal background.
November 13, 2020

The inherent jurisdiction, deprivation of liberty and out of hours applications

The Court of Appeal recently set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached. Alex Ruck Keene analyses the ruling.
November 06, 2020

DHSC care home visiting guidance

The Department for Health and Social Care has published its eagerly awaited care home visiting guidance for England. Alex Ruck Keene sets out the key points.
November 04, 2020

The Lockdown 2 Regulations

Gary Grant and Charles Holland summarise the key points from the regulations implementing the latest national lockdown.
October 22, 2020

Winter Plan: Impact on the deprivation of liberty safeguards

In the third in a series of articles by barristers at 39 Essex Chambers on the Winter Plan, Neil Allen considers whether the government's guidance on self-isolation constitutes a deprivation of liberty for those with reduced capacity.
October 15, 2020

The Winter Plan and the right to family life

In the second of a three-part series from 39 Essex Chambers on the Government’s Adult Social Care: COVID-19 Winter Plan 2020-2021, Steve Broach looks at the implications for the right to respect for private and family life.
October 08, 2020

Department for Health and Social Care Winter Guidance: issues for local authorities

Siân Davies provides an overview of the Department of Health and Social Care (non-statutory) guidance issued on 18 September 2020.
September 17, 2020

Do local authorities have the power to impose a full scale local 'lockdown'? UPDATED

Christopher Bevan examines the powers available to local authorities particularly under Regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 in providing a local public health response to the incidence and spread of coronavirus.
September 15, 2020

The "Rule of 6" Coronavirus Regulations

Gary Grant sets out the key elements of the government's new 'Rule of 6' regulations.
September 10, 2020

Continuous supervision and control

Alex Ruck Keene analyses a further judicial take on deprivation of liberty.
August 06, 2020

Continuing care decisions and children

A claimant recently brought a successful irrationality challenge to an NHS continuing care decision. Michael Armitage and Ciar McAndrew explain how.
August 05, 2020

Local authorities and local lockdown

Tiffany Cloynes examines the powers that local authorities in England have been given to introduce local lockdown measures to tackle local outbreaks of the coronavirus.
July 30, 2020

Alcohol and capacity

A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths.
July 30, 2020

COVID-19, care settings and deprivations of liberty

Rebecca Gowling analyses whether Care Quality Commission data suggests a rise in unauthorised deprivations of liberty.
July 03, 2020

Amendments in procurement disputes

The High Court has adopted a permissive approach to amendments in a procurement dispute, write Emily Heard and Kyle Duggan.
May 04, 2020

DNACPR orders during coronavirus

Victoria Mortimer examines issues around care planning and the use of DNACPR orders in the current crisis.
April 24, 2020

Standards of care during COVID-19

What standard of care should hospitals be held to in the COVID-19 outbreak? James Todd QC and Emma Corkill look at the key considerations.
April 20, 2020

R (Bayer and Novartis) v NHS Darlington Clinical Commissioning Groups

David Lock QC and David Blundell QC explain the background, arguments and consequences of R (Bayer and Novartis) v NHS Darlington Clinical Commissioning Groups and others in a series of podcasts.