Law and Rights
Peter Jackson J - sitting in the Court of Protection - has held that, in the context of Steven Neary's case, certain media outlets may be represented at hearings - see London Borough of Hillingdon v Steven Neary and Mark Neary [2011] EWHC 413 (COP). The case is a very disturbing application of Deprivation of Liberty powers in relation to a vulnerable person. This ruling applies just to the Neary case and is not therefore to be regarded as a precedent since the facts of individual cases will differ. Nevertheless, it is a good result for casting light upon the workings of this court. The Telegraph 1st March - "Secretive Court of Protection in legal reporting first over man's battle with Council."
Previous posts: 9th December 2010 and 22nd December 2010.
Other Blogs: CharonQC 2nd March 2011 and Anna Raccoon blog and Anna Raccoon 6th December.
- Deprivation Of Liberty ~ Coroner's Inquests And Other Matters
Deprivation of Liberty Safeguards continue to raise problems. The law is to be found in the Mental Capacity Act 2005 Schedule A1 (Hospital and Care Home Residents: Deprivation of Liberty). Age UK publish a useful factsheet. Increased...
- The Elephant Test ~ Deprivation Of Liberty
In what has become known as the "Cheshire West" case, the Supreme Court of the UK set out the test to be applied in deciding whether the care and/or treatment of those lacking capacity to consent amounted to deprivation of liberty - P v Cheshire West...
- Liberty: Deprivation Or Restraint?
The Trinity Law term ran from 7th June to 29th July and produced some important decisions. The Michaelmas Law Term does not start until 3rd October so the senior courts will be relatively quiescent until then. This provides an opportunity...
- Deprivation Of Liberty Safeguards
The Annaraccoon blog reports that Mostyn J has ordered that Stephen Neary be returned to his home with his father. This is an excellent outcome. The case illustrates the potential for injustice in this area. Please see the earlier post...
- Deprivation Of Liberty: The Worrying Case Of Stephen Neary
Stephen Neary is aged 20. He is autistic. He lived with his father (Michael) until his father had a serious bout of influenza and was temporarily unable to care for him. Michael arranged for Stephen to be cared for at a local authority...
Law and Rights
Deprivation of Liberty Safeguards
Previous posts: 9th December 2010 and 22nd December 2010.
Other Blogs: CharonQC 2nd March 2011 and Anna Raccoon blog and Anna Raccoon 6th December.
- Deprivation Of Liberty ~ Coroner's Inquests And Other Matters
Deprivation of Liberty Safeguards continue to raise problems. The law is to be found in the Mental Capacity Act 2005 Schedule A1 (Hospital and Care Home Residents: Deprivation of Liberty). Age UK publish a useful factsheet. Increased...
- The Elephant Test ~ Deprivation Of Liberty
In what has become known as the "Cheshire West" case, the Supreme Court of the UK set out the test to be applied in deciding whether the care and/or treatment of those lacking capacity to consent amounted to deprivation of liberty - P v Cheshire West...
- Liberty: Deprivation Or Restraint?
The Trinity Law term ran from 7th June to 29th July and produced some important decisions. The Michaelmas Law Term does not start until 3rd October so the senior courts will be relatively quiescent until then. This provides an opportunity...
- Deprivation Of Liberty Safeguards
The Annaraccoon blog reports that Mostyn J has ordered that Stephen Neary be returned to his home with his father. This is an excellent outcome. The case illustrates the potential for injustice in this area. Please see the earlier post...
- Deprivation Of Liberty: The Worrying Case Of Stephen Neary
Stephen Neary is aged 20. He is autistic. He lived with his father (Michael) until his father had a serious bout of influenza and was temporarily unable to care for him. Michael arranged for Stephen to be cared for at a local authority...