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When the decision in Devon Partnership NHS Trust v SSHC  EWHC 101 (Admin) came out on 22 January 2021 we said “Don’t Panic”. Further analysis and feedback from clients suggests there is cause for, if not panic, then some concern about the implications. In particular, there is a cohort of patients on renewed CTOs whose outcomes may be adversely affected.
The Divisional Court has today handed down a judgment that says, contrary to the advice given by NHS England, “personally examined” for the purpose of assessment for admission under the MHA means assessments cannot be undertaken remotely.
The Government made a statement on 16 July 2020 confirming, as widely expected, the implementation date for the Liberty Protection Safeguards has been put back to April 2022.
Ventilators and the number of critical care beds are a regular feature of the Government’s daily briefings and the questions posed by the media. This newsflash explores the guidance currently available and which of the current legal provisions will be held to apply.
The Supreme Court has decided parental authority CANNOT be used to authorise the deprivation of liberty of 16 and 17 years olds who lack capacity to consent to arrangements that amount to a deprivation of liberty.
Welcome to the Summer 2019 edition of Hempsons’ Social Care Newsbrief.
The Mental Capacity (Amendment) Bill was published on 4 July 2018. It aims to give effect, with some changes, to the scheme of Liberty Protection Safeguards recommended in the Law Commission’s Report: Mental Capacity and Deprivation of Liberty (2017).
Hospitals across the country are coming under increasing pressure as a result of the current winter crisis. NHS Providers has written to Jeremy Hunt to outline concerns that the NHS does not have sufficient beds or staff to manage the volume of required admissions. The need for Trusts to promptly discharge patients who are well enough to leave hospital has never been more intense.
Welcome to the latest edition of Hempsons’ Social Care newsbrief, a round-up of some of the hot legal topics in the social care sector.