Respect for Family Life

Mid-Glamorgan Family Health Services Authority, ex parte Martin [1995] 1 All ER 356 (CA)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Challenges to decisions about information sharing in a person’s best interests, Data Protection Legislation in Adult Social or Health Care, Personal Data and Sensitive Personal Data, Respect for Family Life, Respect for Private Life /

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 »

MG v United Kingdom (24 September 2002 – Application No. 00039393/98) (ECtHR)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Data Protection Legislation in Adult Social or Health Care, Information sharing for statutory functions within health and social care, Personal Data and Sensitive Personal Data, Respect for Family Life, Respect for Private Life /

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

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London Borough of Ealing v (1) KS (2) LU (3) SK (by her litigation friend the Official Solicitor) (4) MHAS (5) SR (2008) EWHC 636 (Fam)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Article 8 the right to respect for home, family, private life and correspondence, Assessing for incapacity where it is relevant to Care Act functions, How the Mental Capacity Act affects the Care Act, Human Rights in health and Social Care, Respect for Family Life, Respect for Private Life, Respect for the Home /

The Local Authority initiated proceedings in respect of SK, a 33 year old woman with a severe learning disability who also suffered from schizo-affective disorder (treated by medication but, despite this, she has a history of relapse into mental illness) to ascertain whether she capacity to consent to various matters and whether her third marriage

London Borough of Ealing v (1) KS (2) LU (3) SK (by her litigation friend the Official Solicitor) (4) MHAS (5) SR (2008) EWHC 636 (Fam) Read More »

Binomugisha v London Borough of Southwark [2006] EWCH 2254 (Admin)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Article 8 the right to respect for home, family, private life and correspondence, Article 8 the right to respect for home, family, private life and correspondence, Care Planning, Budgets and Choice Rights, Human Rights in health and Social Care, Human Rights relevant to Care Planning, Respect for Family Life /

The claimant had claimed asylum as a child. His claim had failed. His appeals based on Articles 3 and 8 of the ECHR were dismissed. Once an adult, he made a further application to the Home Office for leave to stay in the UK on the grounds that removal would lead to a breach of

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BI (Pakistan) v Secretary Of State For The Home Department (2009) EWCA Civ 834

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The Appellant, originally from Pakistan, had spent a number of years in the UK raising her family before returning to Pakistan. She returned to the UK as a visitor a number of years later when her health failed and applied for leave to remain as someone dependant on a person present and settled in the

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B Borough Council v Mrs S and Mr S (by the Official Solicitor) [2006] EWHC 2584 (Fam)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, How the Mental Capacity Act affects the Care Act, Respect for Family Life /

Mr S was a 90 year old man who did not have mental capacity to make decisions about his care, treatment, or where he should live.  He received support from B Borough Council.  B Borough Council (the local authority) alleged that his wife, who was in her eighties, had not previously co-operated with the local

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Anufrijeva and another v Southwark London Borough Council; N v Secretary of State for the Home Department; M v Secretary of State for the Home Department [2003] EWCA Civ 1406

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Article 8 the right to respect for home, family, private life and correspondence, Article 8 the right to respect for home, family, private life and correspondence, Care Planning, Budgets and Choice Rights, Human Rights in health and Social Care, Human Rights relevant to Care Planning, Respect for Family Life, Respect for Private Life /

Human rights — right to respect for private and family life — duty to take positive action — maladministration   Each of the claimants in these three conjoined appeals, all of whom were asylum seekers, alleged that they had failed to receive benefits and advantages to which they argued they were entitled by virtue of

Anufrijeva and another v Southwark London Borough Council; N v Secretary of State for the Home Department; M v Secretary of State for the Home Department [2003] EWCA Civ 1406 Read More »

Anufrijeva (as personal representative of the estate of Kuzjeva) & anor v Southwark London Borough Council (Wednesday 4 December 2002) (unreported) (QBD)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Article 8 the right to respect for home, family, private life and correspondence, Article 8 the right to respect for home, family, private life and correspondence, Care Planning, Budgets and Choice Rights, Human Rights in health and Social Care, Human Rights relevant to Care Planning, Respect for Family Life, Respect for Private Life /

Suitability of accommodation – human rights The claimants were asylum seekers whose application had eventually been refused.  The LA had provided them with accommodation, pursuant to its statutory powers under the Asylum Support (Interim Provisions) Regulations 1999, comprising a maisonette on two floors connected by a steep flight of stairs, in a block scheduled to

Anufrijeva (as personal representative of the estate of Kuzjeva) & anor v Southwark London Borough Council (Wednesday 4 December 2002) (unreported) (QBD) Read More »

A v National Probation Service [2003] EWHC 2910 (Admin)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Confidentiality and Privacy, Exceptions to the expectation of confidentiality, Respect for Family Life, Respect for Private Life /

Information sharing – disclosure – human rights   X was being considered for early release from a life sentence for murder. The National Probation Service (NPS) carried out a risk assessment of X and the likelihood of re-offending or harming others as required under legislation and the Home Office’s OASYS and the Multi-Agency Public Protection

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