The extent of the High Court’s inherent jurisdiction for the protection of vulnerable adults was considered last month in the widely reported case of Southend-on-Sea Borough Council v Meyers.[1] Inherent jurisdiction is the power of the High Court to protect ‘incompetent’ and…
As is well known capacity is time and decision specific. Providers will be aware that errors are often made in the way that the Mental Capacity Act is implemented which result in at the very least criticism from family members,…
With the green paper on social care funding having been delayed again, presumably because it is proving difficult to come up with a solution, Parliament could actually achieve something by appointing a commissioner for older people to mirror the appointment…
Key considerations when making a decision regarding whether to disclose patient records to the police: Has a Court Order been obtained by the police or is there a witness summons compelling an individual to produce the relevant records to the Court? The…
The Mental Health Caseworkers Section of HM Prison and Probation Service has recently produced guidance on ‘Discharge conditions that amount to a deprivation of liberty.’ https://www.gov.uk/government/publications/discharge-conditions-that-amount-to-a-deprivation-of-liberty This refers to the recommendation in the independent review of the MHA published on 6 December 2018…
The Supreme Court has recently (17 December 2018) reversed the decision in PJ, in which the Court of Appeal had held that the MHA contained within it, by implication, the power for the patient’s responsible clinician to set conditions on…
As recognised by Debbie Westhead, Interim Chief Inspector for the CQC, ‘[…] the best care is person-centred and in supporting relationships and sexuality there can be no one approach that fits all’. The new guidance seeks to detail how providers…
‘It is, in my judgment, necessary and appropriate that I should make the court’s disapproval of the way in which the NMC responded to the previous court order. For these reasons the costs order, modest as it is, is in…
In June 2018 Cabinet Secretary for Health and Social Services, Vaughan Gething, announced 1 April 2019 as the date for a boundary change between the Cwm Taf University Health Board and the Abertawe Bro Morgannwg University Health Board. Why the change? Bridgend…
The General Dental Council Fitness to Practice Rules provide for preliminary meetings to be held in advance of Practice Committee hearings so that a variety of case management function can be performed. Whilst such a facility is not uncommon amongst the…
