The introduction of clinical commissioning groups on 1 April 2013 has led to an alteration in the responsibility for section 117 aftercare. S117 Mental Health Act 1983 (“the Act”) concerns the aftercare of patients detained under s3, 37, 45A, 47 or…
It is well recognised that the law does not give protection to the unborn child; this has had important implications for a number of cases that came before the Court in the 1990’s, where pregnant women refused caesarean sections despite…
AM v (1) South London & Maudsley NHS Foundation Trust and (2) The Secretary of State for Health [2013] UKUT 0365 (AAC) This recent case throws into sharp focus the interface between the MHA 1983 and the MCA 2005 in respect…
The Defamation Act 2013 came into force on 1st January 2014 and was intended by the Government to shift the balance between free speech and the right to protect reputation, in favour of free speech. In particular the Government wanted…
The latest corporate manslaughter conviction has followed from the death of a worker at a street cleaning company who was crushed by the hopper of a road sweeping vehicle during a maintenance procedure. A prop, designed the take the hopper’s…
In this month’s E-News, we look at whether post employment victimisation is lawful and whether the unpleasant treatment of a migrant worker amounts to race discrimination. In the news, we provide an update on the Government’s announcement to increase the…
Many health and social care providers will have noticed that CQC appear to be taking a tougher approach to regulation, and in particular, enforcement. For example, there has been a recent flurry of fixed penalty notices served on providers without…
Previous briefings have commented on earlier convictions under the Corporate Manslaughter & Corporate Homicide Act 2007. To date, there have been none in the healthcare sector although there have been many reports of prosecutors considering this. The latest conviction related to…
[RadcliffesLeBrasseur is grateful to Simon Burrows for providing the following briefing on the "Cheshire West" decision of the Supreme Court] The Supreme Court has this morning overturned the Court of Appeal in the cases of P (by the Official Solicitor) v…
Mental Capacity Act and Deprivation of Liberty Safeguards: House of Lords Review, Suggested Reform and Practical Implications On 13 March 2014, the House of Lords published their report into the operation of the Mental Capacity Act 2005 (“the Act”), and associated…
