No, not in our view – NOT AT THE LEVEL OF POLICY – ie a stance applied to everyone. It is one of the great unresolved questions of the era, however, because no council has ever actually allowed itself to be judicially reviewed for imposing this stance on a specific person, with a) the mental […]
What Happened This case involved two adult men (A and B), aged 25 and 32, with severe physical and learning disabilities who lived with their mother (X). A and B had extensive night time care needs. They needed to be repositioned numerous times to avoid pressure damage, and it was assessed in a 2017 care
Statutory provisions in this field break down into the following types of function: Statutory powers/pure discretions. Such provisions give rise to a duty at least to consider exercising the discretion in a particular case, taking account of all relevant considerations etc. and otherwise acting rationally, within the wording of the power; and fairly, given the particular circumstances. The
Duties and Discretions in legislation Read More »
The different legal status of all of the bits of advice and instruction that come down from the Department of Health to councils and health bodies needs to be appreciated by management within local and health authorities, for the purposes of advising Members and Boards as to the legal responsibilities of the organisation (as opposed to aspirations),
Directions and Guidance – legal significance Read More »
The appellant Local Authority (H) sought to challenge an earlier ruling that they had negligently failed to protect the respondents (X and Y) from a sexual and physical attack by local youths. X and Y, a married couple with mild learning disabilities, lived with their children in local authority accommodation and were in receipt of
Mental health – capacity – consent – pregnant patient – termination – abortion Psychiatric hospitals should develop protocols for dealing promptly with possible terminations for pregnant patients who lack capacity to consent. S was a 34 year old woman with a history of mental illness, who had been in and out of mental hospitals. On
Re SS (24 October 2001) (unreported) (FAM) Read More »
Consent – incapacity – best interests – treatment – sterilisation A patient, who was incapable of consenting to treatment, had a right not to have drastic surgery imposed upon her unless or until it had been demonstrated that it was in her best interests. The starting point of any medical decision was the principles set
Re SL [2000] 3 WLR 1288 (CA) Read More »
The applicant SK, a competent adult and British citizen, effectively ‘applied’ for declaratory relief through her litigation friend, a solicitor, acting for free, out of interest, taking the initiative on the basis of information received via the Foreign and Commonwealth Office. The application was made without notice, neither SK nor anyone in her family knowing
Declaratory relief – human rights – best interests – inherent jurisdiction S was a young adult with severe learning disabilities, limited communication ability and some physical disabilities. He had always been cared for at home by his father, DS. It was common ground that S was unable to manage his property and affairs and that
Re S (an adult) [2002] EWHC 2278 (Fam) Read More »
Consent – incapacity – best interests – sterilisation A doctor acting to the required standard of the principles set out in Bolam (ie in accordance with a responsible and competent body of relevant professional opinion), had a second duty to act in the best interests of a mentally incapacitated patient. It was for the court
Re R-B [2000] 1 FLR 549 Read More »