Article 2 the right to life

ZB & Anor, R (On the Application Of) v NHS South West London ICB [2023] EWHC 489 (Admin)

Leave a Comment / Article 2 the right to life, Article 8 the right to respect for home, family, private life and correspondence, Children Act 1989 services, Consent to treatment, being accommodated, and admission to hospital for children under 18, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Human Rights relevant to Care Planning, Public sector child protection functions, Safeguarding of children by local authorities, Section 20 accommodation arrangements under the Children Act /

The Administrative Court rules that Croydon LBC breached the rights to education of two children who had significant and profound disabilities, making an award of £10,000 to each child by way of just satisfaction (human rights damages) Decision: 7 March 2023 Before Jason Coppel KC (the Deputy Judge hearing this case in the Administrative Court) […]

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R (on the application of Colin Ross) v West Sussex Primary Care Trust [2008] EWHC 2252 (Admin)

Leave a Comment / Article 2 the right to life, Article 2 the right to life, Care Planning, Budgets and Choice Rights, Delay and non-commissioning, Exception-making and discrimination, Fettering and Exception making, Human Rights in health and Social Care, Human Rights relevant to Care Planning, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, The relevance of a council's financial resources for delay and the running of waiting lists for meeting eligible unmet needs /

Mr Ross (R) initiated a judicial review against the refusal by the defendant PCT to provide a drug to treat his cancer, multiple myeloma. Following complications which had resulted in him developing intolerable peripheral neuropathy his consultant had stopped his previous drug treatment regime and recommended a drug not usually available to NHS patients within

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Ashworth Hospital v Hunter (30 October 2001) (unreported) (QBD)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 2 the right to life, Article 2 the right to life, 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 and Treatment Reviews for people detained or at risk of detention under the Mental Health Act, Care Planning, Budgets and Choice Rights, How the Care Act fits in with the Mental Health Act (and s117 aftercare), Human Rights in health and Social Care, Human Rights relevant to Care Planning, Intro to Ombudsman reports RE the interface between Care Act rights and the Mental Health Act, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

The claimant was a restricted patient who had contracted Hepatitis C. He sought to challenge the hospital’s policy not to supply condoms to patients as part of its ban on sexual relationships between patients, on the grounds that: it was a breach of his article 2 European Convention right (by failing to protect the lives

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An NHS Hospital Trust v S & Ors [2003] EWHC 365 (Fam)

Leave a Comment / Article 2 the right to life, Article 2 the right to life, Article 3 freedom from inhuman and degrading treatment, Article 3 freedom from inhuman and degrading treatment, Assessing for incapacity where it is relevant to Care Act functions, Care Planning, Budgets and Choice Rights, Due process rights in care planning, How the Mental Capacity Act affects the Care Act, Human Rights in health and Social Care, Human Rights relevant to Care Planning, Relevance of Mental Capacity to Care Planning, The relevance of Mental Capacity (and incapacity) for Care Planning, and who is the decision-maker /

Best interests – medical treatment – declaratory relief – mental capacity The Hospital Trust sought a declaration as to the future treatment and management of S, an 18-year-old autistic patient with severe learning difficulties and the mental capacity of a five or six-year-old child. He had been admitted to the hospital for emergency treatment for

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