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Summary: The situation in which a person appears not to believe their doctor or other professionals and therefore might or might not lack capacity is a difficult one. This judgment in the posthumous case of Sudiksha Thirumalesh overturned a long-standing legal precedent stating that if someone does not accept their medical diagnosis or prognosis, they […]
Medical records – confidentiality – human rights – privacy There was a compelling public interest requiring the disclosure of medical records to a health authority investigating allegations that medical practitioners had breached their terms of service. However, domestic law imposed on each public body an obligation to take appropriate steps to preserve confidentiality when transmitting
Return to Case Index Return to the Law database A Health Authority v X & Others (2001) Read More »
The dignity and privacy argument has been tried but has failed because the law in this country is that all charging is discretionary and that unless you go through the means test you can be deemed to be able to pay the full cost. Therefore being means tested is the only way to obtain the
Keywords: Decision making, Irrationality A decision of NHS England to refuse funding to treat a child who suffered from a rare metabolic condition with a drug which would alleviate his condition was irrational. SB (a 7 year old child) had Phenylketonuria (“PKU”), a rare inherited metabolic condition which inhibited his ability to digest protein. The
One instance of this where the law is now much clearer is that an independent advocate appointed by a local authority (under s.67 or 68 Care Act) “may examine and take copies of any relevant records relating to the individual in circumstances where … the individual does not have capacity … but the independent advocate
The claimant was a 14 year old girl at the time of this application for judicial review. She was the main prosecution witness in the trial of a man, W, charged in the Crown Court Stafford, with sexual offences against her. He was eventually convicted of two counts of sexual activity with a child contrary
R (on the application of BW) v INDEPENDENT MONITOR (2015) Keywords: Human Rights, DBS It was held that it was proportionate and justifiable for an enhanced criminal record certificate to include information regarding an alleged sexual assault notwithstanding the individual’s subsequent acquittal and the impact of the disclosure on the individual. The grounds were the
R (on the application of BW) v INDEPENDENT MONITOR (2015) Read More »
Housing – disability – discrimination – possession – mental impairment B, the tenant of residential premises owned by North Devon Homes Ltd, had been a “problem tenant” and admitted to persistent anti-social behaviour, including shouting at neighbouring residents, keeping neighbours awake at night by banging and shouting and using foul language in front of neighbours.
North Devon Homes Limited v Christine Brazier [2003] EWHC 574 (QB) Read More »
Access – medical records – disclosure – human rights A, who had a background of psychological problems, had repeatedly requested access to his medical records, all of which had been made before 1991 and were not subject to the Access to Health Records Act 1990 or the Data Protection Act 1984. Voluntary disclosure of the
Mid-Glamorgan Family Health Services Authority, ex parte Martin [1995] 1 All ER 356 (CA) Read More »
The applicant, who was now an adult, had been periodically in the local authority’s care as a child. He suspected that he had been physically abused by his father in his childhood and sought access to his social services records from those periods, wanting to know in particular whether he had ever been on the
MG v United Kingdom (24 September 2002 – Application No. 00039393/98) (ECtHR) Read More »