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Covid-19 Vaccination – Best Interests & Medical Treatment – Re CR [2021] EWCOP19
In this, the third reported Covid-19 vaccination case, Hempsons represented the applicant CCG.
The Devon decision and remote examination: where to go from here?
When the decision in Devon Partnership NHS Trust v SSHC [2021] 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.
Don’t panic! But remote assessment for MHA detention is NOT allowed
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.
Reforming the Mental Health Act – Government proposals and consultation
The Government has published details of a ‘Reforming the Mental Health Act’ White Paper. The paper is intended to build on the recommendations of the 2018 Independent Review and emphasise principles of choice and autonomy, least restriction, therapeutic benefit and recognition of the person as an individual. The aim is to increase parity between physical and mental health.
Liberty Protection Safeguards – start date significantly delayed
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.
Newsflash: Hospital Resources Amid Covid-19
On 9 April 2020, Chamberlain J. handed down his judgment in the case of University College London Hospitals NHS Foundation Trust v MB [2020] 882 (QB) in which Hempsons and Simon Sinnatt, Counsel from 1 Crown Office Row Chambers, represented UCLH.
Court of Protection guidance: When not to go to Court and how to when you do
The Vice President of the Court of Protection has issued helpful guidance HERE on bringing proceedings in relation to proposed “serious medical treatment”.
Key legal development update – January 2020
Key legal developments in healthcare and medical law for January 2020.
Newsflash: Young persons and deprivation of liberty
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.
Full Steam Ahead On Changes To The Deprivation Of Liberty Safeguards
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).
Newsflash: R (on the application of 1) Silviu Mitocariu, 2) Costica Lazarel) v Central & North West London NHS Founda...
Is there any legal obligation on NHS Trusts to make regular payments or give ‘pocket money’ to hospital in-patients detained under the Mental Health Act 1983 when they cannot meet any personal expenses themselves?
Withdrawing clinically assisted nutrition and hydration: some clarity on mandatory court applications?
O'Farrell J handed down a judgment this morning confirming that it is not mandatory to bring before the Court of Protection the withdrawal of clinically assisted nutrition and hydration from Mr Y, who suffers from a prolonged disorder of consciousness, in circumstances where the clinical team and Mr Y's family are agreed that it is not in Mr Y's best interests to continue to receive that treatment.