Archive for the 'mental health' Category

LSB publishes literature review of legal needs – Legal Services Board

“The LSB has conducted a review of existing research literature into the needs of different groups of legal services consumers. The review summarises the legal needs of a variety of different groups, their methods of accessing legal services and where their needs are not met. The review helps to identify gaps in existing research and will be used to target our future research programme.”

The Legal Needs of Consumer Groups (PDF)

Legal Services Board, 21st April 2011

Source: www.legalservicesboard.org.uk

Woman jailed for killing autistic son, 12, with bleach – BBC News

“A mother has been jailed for killing her 12-year-old autistic son by making him drink bleach.”

Full story

BBC News, 1st April 2011

Source: www.bbc.co.uk

£5m scheme to divert mentally ill offenders from prison – The Guardian

“The first stage in setting up a national service to divert mentally ill people from prison is due to be announced by the health secretary, Andrew Lansley, and the justice secretary, Ken Clarke.”

Full story

The Guardian, 28th March 2011

Source: www.guardian.co.uk

Call to sue councils that are ‘failing the vulnerable’ – Law Society’s Gazette

“The case of a mentally ill man who attempted suicide after being discharged from hospital to a park bench has prompted mental health solicitors to call on lawyers to sue local authorities that fail to provide adequate healthcare for some of society’s most vulnerable members.”

Full story

Law Society’s Gazette, 17th March 2011

Source: www.lawgazette.co.uk

Broadmoor patient makes history with court appeal – The Independent

“A patient in Broadmoor Hospital who has spent more than two decades alongside some of Britain’s most dangerous criminals has won the right to have a review into his detention heard in public, The Independent has learned.”

Full story

The Independent, 9th March 2011

Source: www.independent.co.uk

‘Phobia’ inmate’s bid to finish jail term at home fails – BBC News

“A prisoner who suffers social phobia has lost his legal fight to complete his jail term under curfew at home.”

Full story

BBC News, 28th February 2011

Source: www.bbc.co.uk

Anti-social convict goes to court to finish sentence at home – Daily Telegraph

“A convict with ‘severe social phobia’ has taken a prison governor to court for refusing to let him finish his sentence in privacy of his own home.”

Full story

Daily Telegraph, 25th February 2011

Source: www.telegraph.co.uk

Regina (Hertfordshire County Council) v Hammersmith and Fulham London Borough Council – WLR Daily

“A  mental patient who was compulsorily detained under the Mental Health Act 1983 was not thereby to be treated as ‘resident’ in the local authority within whose area he was detained. On a proper construction of section 117(3) of the 1983 Act the patient’s ‘residence’ was distinct from his place of detention. Section 117 of the 1983 Act was the appropriate section, rather than section 21 of the National Assistance Act 1948, to determine which authority should have the responsibility of paying for the patient’s after-care accommodation.”
WLR Daily, 16th February 2011

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sex crime entertainer Jason Gaunt ‘acted like teenager’ – BBC News

“A children’s entertainer cannot be sentenced for sex offences against boys until a psychological assessment has taken place, a judge has said.”

Full story

BBC news, 17th February 2011

Source: www.bbc.co.uk

M v Hackney London Borough Council and others – WLR Daily

M v Hackney London Borough Council and others [2011] EWCA Civ 4; [2011] WLR (D) 2

“A hospital trust was entitled to rely upon an application for the admission for treatment of a patient under the Mental Health Act 1983 which appeared to comply with section 6(3) of the Act as being a lawfully made application pursuant to the provisions of the Act. Where such an application, completed by an approved mental health professional (AMHP), had failed to comply with those provisions, the failure rendered the patient’s detention unlawful and imposed the responsibility for the unlawful detention upon the AMHP. The statutory defence in section 139(1), which relieved the AMHP from civil liability unless he or she had acted in bad faith or without reasonable care, would be read down by virtue of section 3 of the Human Rights Act 1998 so as to permit a claim by the detained person for compensation from the AHMP.”

WLR Daily, 17th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mental health patient detained indefinitely for killing brother, nine – The Guardian

“A mental health patient was detained indefinitely today (17 January) for wounding his sister and stabbing to death his younger brother, with whom he had a close and loving relationship.”

Full story

The Guardian, 17th January 2011

Source: www.guardian.co.uk

Gill v Woodall and others – WLR Daily

Gill v Woodall and others [2010] EWCA Civ 1430; [2011] WLR (D) 328

“To determine whether a testatrix knew and approved the contents of her will the proper approach was to consider the factual and expert evidence and to ask whether the testatrix appreciated what was in the will when she signed it. It was not necessary to break down the issue into two separate questions of whether a prima facie case had been made out that the testatrix had not known or approved of the contents of her will and then whether the beneficiary had rebutted that case.”

WLR Daily, 15th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Man lawfully killed by son of stabbing victim, coroner rules – The Guardian

“A mechanical engineer who believed he was being controlled by radio waves and fatally attacked a woman in her home, before being stabbed by her teenage son, was lawfully killed.”

Full story

The Guardian, 14th December 2010

Source: www.guardian.co.uk

Vulnerable young people trapped in justice system – The Guardian

“Young people with mental illness and learning difficulties are being let down by youth justice system, a new report reveals.”

Full story

The Guardian, 24th November 2010

Source: www.guardian.co.uk

Legal help for vulnerable ‘at risk’ – BBC News

“The support people with autism get from the police and criminal justice system could be hit by Home Office cuts, a senior legal figure has warned.”

Full story

BBC News, 15th November 2010

Source: www.bbc.co.uk

Mother who suffocated baby son to remain in psychiatric unit – The Guardian

“A teacher with severe post-natal depression smothered her 10-day-old son after her medication was taken away, it emerged today.”

Full story

The Guardian, 12th November 2010

Source: www.guardian.co.uk

Mental health patients face legal aid delay – The Guardian

“People with mental health problems are finding it increasingly difficult to get lawyers to represent them at tribunals because of changes to the legal aid system.”

Full story

The Guardian, 9th November 2010

Source: www.guardian.co.uk

Ken Clarke’s prison reforms will spare mentally ill offenders jail – The Guardian

“Thousands of criminals with serious mental illnesses or drug addictions will no longer be sent to prison but will instead be offered ‘voluntary’ treatment in hospital, under controversial proposals to be unveiled tomorrow.”

Full story

The Guardian, 7th November 2010

Source: www.guardian.co.uk

Mother who doused daughter in acid sent to secure unit – The Guardian

“A schizophrenic mother who stabbed her three-year-old daughter to death before dousing her body in acid must stay in a secure psychiatric hospital for the public’s protection, a judge ruled today.”

Full story

The Guardian, 28th Ocotber 2010

Source: www.guardian.co.uk

Mental health patients ‘locked up in hospitals without legal authority’ – The Guardian

“Mental health patients are increasingly being locked up in hospitals without legal authority, a practice which may infringe human rights law, the health regulator said today.”

Full story

The Guardian, 27th October 2010

Source: www.guardian.co.uk

Paddy Hill wins trauma counselling for Birmingham Six ordeal – The Guardian

“Almost 20 years after he was found innocent of committing one of the worst terrorist bombings in Britain, Paddy Hill has won his fight for intensive trauma counselling.”

Full story

The Guardian, 19th October 2010

Source: www.guardian.co.uk

Mother fails to gain reunion with daughter in Northants – BBC News

“A mother has failed in a bid to be reunited with her daughter, despite the appeal court in London recognising the bond between them.”

Full story

BBC News, 7th October 2010

Source: www.bbc.co.uk

Fiona Bruce harasser detained under mental health laws – BBC News

“A man who harassed BBC newsreader Fiona Bruce by sending her ‘love messages’ has been detained in hospital under mental health laws.”

Full story

BBC News, 7th October 2010

Source: www.bbc.co.uk

Essex Police ‘dismissed sex attack victim’ – BBC News

“Essex Police failed to investigate sexual assaults because the victim was not believed due to her history of mental illness, a watchdog has said.”

Full story

BBC News, 17th September 2010

Source: www.bbc.co.uk

Flesh-eating Hastings killer jailed for 21 years – BBC news

“A Broadmoor patient who confessed to killing two women in East Sussex in 1998 and eating flesh from one of them has been jailed for at least 21 years.”

Full story

BBC News, 17th September 2010

Source: www.bbc.co.uk

Broadmoor carer admits having sex with rapist patient – BBC News

“A 31-year-old care worker at Broadmoor high-security psychiatric hospital in Berkshire has admitted having sex with a mentally-ill patient.”

Full story

BBC News, 13th September 2010

Source: www.bbc.co.uk

Disturbing case of young offender goes to European court – The Independent

“The European Court of Human Rights (ECHR) will this week hear claims from the British government that locking-up an emotionally disturbed young man and failing to prevent him from inflicting terrible self-harm does not merit an independent, public inquiry.”

Full story

The Independent, 12th September 2010

Source: www.independent.co.uk

‘Deranged’ motorist who thought car was Starship Enterprise killed couple – Daily Telegraph

“Matthew Kelliher, 31, believed he had special powers and that his vehicle, which he likened to a space craft from the television show Star Trek, was capable of travelling at 6,000 miles per hour.”

Full story

Daily Telegraph, 26th August 2010

Source: www.telegraph.co.uk

Man who threatened to kill Cheryl Cole jailed – Daily Telegraph

“A man who threatened to kill singer Cheryl Cole and blow up a football stadium has been jailed for two years.”

Full story

Daily Telegraph, 6th August 2010

Source: www.telegraph.co.uk

Stockton on Tees Borough Council v Aylott – WLR Daily

Stockton on Tees Borough Council v Aylott [2010] EWCA Civ 910; [2010] WLR (D) 216

“In determining pursuant to section 3A(1) of the Disability Discrimination Act 1995 whether, for a reason which related to the claimant’s disability, he had been treated less favourably than a person to whom that reason did not apply, the appropriate comparator was someone who had acted in the same way as the claimant but did not suffer from his disability, and not someone to whom the reason for the treatment complained of did not apply.”

WLR Daily, 30th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re Perrins, deceased; Perrins v Holland and others – WLR Daily

In re Perrins, deceased; Perrins v Holland and others [2010] EWCA Civ 840; [2010] WLR (D) 196

“In a case where a testator had testamentary capacity when he gave instructions for his will, the will as drafted embodied those instructions and when the testator executed his will a year later his testamentary wishes remained unchanged although he was no longer of full testamentary capacity, the principle in Parker v Felgate (1883) LR 8 PD 171, namely that it was not necessary to prove knowledge and approval of a will provided that (a) the testator believed that it gave effect to his instructions and (b) that it did in fact do so, applied.”

WLR Daily, 22nd July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summay is removed.

Former MI6 man Daniel Houghton admits secrecy breach – BBC News

“A former MI6 worker from London has pleaded guilty to two offences under the Official Secrets Act.”

Full story

BBC News, 14th July 2010

Source: www.bbc.co.uk

Workers may find discrimination claims for depression easier after EAT ruling – OUT-LAW.com

“Workers who claim disability discrimination on account of depression should have their cases assessed by the effect of their condition rather than on the basis of strict medical diagnosis, the Employment Appeals Tribunal (EAT) has ruled.”

Full story

OUT-LAW.com, 21st June 2010

Source: www.out-law.com

‘Bullied’ lawyer launches £800,000 lawsuit against employers – Daily Telegraph

“A former top City lawyer who says she was driven to a mental breakdown by a ‘psycho’ colleague has launched an £800,000 lawsuit over claims that her employers failed to support her.”

Full story

Daily Telegraph, 23rd June 2010

Source: www.telegraph.co.uk

Man sectioned over Stapleford grandfather’s killing – BBC News

“A judge has said mental health doctors in Nottinghamshire should ‘examine their consciences’ after a paranoid schizophrenic stabbed his grandfather.”

Full story

BBC News, 18th June 2010

Source: www.bbc.co.uk

Lawyer wins tribunal appeal over withdrawal of job offer – Law Society’s Gazette

“A woman lawyer has won her appeal against an employment tribunal ruling that disability discrimination did not lie behind a major law firm’s decision to withdraw a job offer.”

Full story

Law Society’s Gazette, 17th June 2010

Source: www.lawgazette.co.uk

GPs agree to waive privacy of mentally ill gun owners – The Guardian

“Doctors have agreed to breach their duty of medical confidentiality to patients who own guns if they fear they have become so seriously mentally ill they may use their weapons on themselves or the public, the Guardian has learned.”

Full story

The Guardian, 14th June 2010

Source: www.guardian.co.uk

Judges keen to make wills in favour of ‘Johnny-come-lately’ relatives – Daily Telegraph

“Judges are too quick to make wills for mentally ill or elderly people in favour of ‘Johnny-come-lately’ relatives, according to a legal expert.”

Full story

Daily Telegraph, 10th June 2010

Source: www.telegraph.co.uk

Regina (MJ (Angola)) v Secretary of State for the Home Department – WLR Daily

Regina (MJ (Angola)) v Secretary of State for the Home Department [2010] EWCA Civ 557; [2010] WLR (D) 132

“The Secretary of State’s apparently untrammelled discretion contained in s 42(2) of the Mental Health Act 1983 to discharge a patient detained in hospital under ss 37 and 41 of the Act in order to facilitate his or her deportation on the grounds that he had committed criminal offences was to be exercised rationally and in such a way as would not breach the patient’s Convention rights. In considering whether deportation would interfere with a patient’s Convention right to respect for his private and family life, very serious reasons were required to justify expulsion where the patient had lawfully spent a major part of his childhood or youth in the host country and had committed the relevant offences as a juvenile.”

WLR Daily, 21st May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Man jailed for life killing Asperger’s sufferering neighbour – The Independent

“A man was jailed for life today for stabbing to death his vulnerable neighbour, who suffered from Asperger’s syndrome, after making fun of him.”

Full story

The Independent, 17th May 2010

Source: www.independent.co.uk

Gary McKinnon: a test case for principles – The Guardian

“The first acid test for Britain’s new government is not the economy, but whether it is capable of an act of simple humanity. Can Theresa May deliver on the repeated promise of Tory and Lib Dem leaders to end the torment inflicted by the state on Gary McKinnon, the hacker with Asperger’s syndrome, whom the Home Office wants to send to lengthy imprisonment and likely suicide in a US jail? His courtroom cruelty is scheduled to begin again on 24 May: the time has come to end it, once and for all.”

Full story

The Guardian, 16th May 2010

Source: www.guardian.co.uk

Gary McKinnon: Theresa May urged to block extradition order – The Guardian

“Campaigners for the computer hacker Gary McKinnon have called for support from the new coalition government in their latest bid to overturn a decision to allow him to be extradited to the US.”

Full story

The Guardian, 15th May 2010

Source: www.guardian.co.uk

Man cleared of Bristol stabbings by reason of insanity – BBC News

“A man has been found not guilty by reason of insanity of stabbing 10 people on a rampage in Bristol.”

Full story

BBC News, 11th May 2010

Source: www.bbc.co.uk

Wiltshire coroner orders review into suicide – BBC News

“A coroner has ordered police and health services to review the way they treated a patient who hanged himself after being falsely accused of a sex assault.”

Full story

BBC News, 12th May 2010

Source: www.bbc.co.uk

Woman who smothered grandmother loses murder appeal – BBC News

“A West Yorkshire woman who was secretly taped confessing to smothering her grandmother has lost an appeal against her murder conviction.”

Full story

BBC News, 11th May 2010

Source: www.bbc.co.uk

Link Lending Ltd v Hussain and another – WLR Daily

Link Lending Ltd v Hussain and another [2010] EWCA Civ 424; [2010] WLR (D) 103

“A person, who had been taken into psychiatric care under s3 of the Mental Health Act 1983 and had been involuntarily placed elsewhere, was still in actual occupation of her own home under the land registration legislation. Where therefore the owner, lacking legal capacity, had transferred the property to a swindler for no consideration and the swindler had secured a loan on the property from a lender which he had failed to repay, the lender as the registered chargee was not entitled to dispossess her on the ground that she was not in actual occupation of her home.”

WLR Daily, 26th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported on one of the ICLR series the corresponding WLR Daily summary is removed.

Man ‘angry at phone call’ killed stranger in Greenwich – BBC News

“A man who stabbed a stranger to ‘release his rage’ at not being able to get through to his girlfriend’s phone has been found guilty of murder.”

Full story

BBC News, 20th April 2010

Source: www.bbc.co.uk

MoD is failing its war veterans, leaving many to face jail terms, peer says – The Guardian

“Britain should appoint a cabinet minister responsible for the welfare of ex-service personnel amid concern over the rising number who end up in custody after returning home from a war zone, a former prisons inspector says.”

Full story

The Guardian, 14th April 2010

Source: www.guardian.co.uk

Man convicted of harassing model Sophie Anderton – BBC News

“A stockbroker has been found guilty of stalking model Sophie Anderton by bombarding her with text messages.”

Full story

BBC News, 25th March 2010

Source: www.bbc.co.uk

Connor v Surrey County Council – WLR Daily

Connor v Surrey County Council [2010] EWCA Civ 286; [2010] WLR (D) 83

“A duty of care owed by a public body to one of its employees as a function of that employment relationship and which existed independently of the impact of action or inaction under statute could be violated, so as to give rise to a claim for damages, by failure to exercise a statutory discretion, but only where the discretion was, or would have been able to be, exercised consistently with the duty-ower’s full performance of its public law functions.”

WLR Daily, 22nd March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Schizophrenic man jailed for fatal stabbing in London – BBC News

“A schizophrenic man who pleaded guilty to killing a father in north London months after being fined for another attack has been jailed for life.”

Full story

BBC News, 16th March 2010

Source: www.bbc.co.uk

Key and another v Key and others – WLR Daily

Key and another v Key and others [2010] EWHC 408 (Ch); [2010] WLR (D) 69

 “Although affective disorder such as depression, including that caused by bereavement, was more likely to affect powers of decision-making than comprehension, the effect of bereavement on a testator’s mind was a factor to be taken into account when deciding whether he had capacity to make a will and was capable of impairing testamentary capacity.”

WLR Daily, 9th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

The Big Question: Is the Yorkshire Ripper going to be released early from prison? – The Independent

“Why are we asking this now?

The serial killer Peter Sutcliffe, who was given 20 life sentences in 1981 for murdering 13 women – he was known as the Yorkshire Ripper because he mutilated his victims’ bodies with a sharpened screwdriver – has applied to the High Court for a ruling on how much longer he must serve in jail.”

Full story

The Independent, 3rd March 2010

Source: www.independent.co.uk

Murders committed by mentally ill ‘could be double what official figures show’ – Daily Telegraph

“The number of murders committed by people with mental health problems could be double what official figures show, according to research.”

Full story

Daily Telegraph, 1st March 2010

Source: www.telegraph.co.uk

Barber v Croydon London Borough Council – WLR Daily

Barber v Croydon London Borough Council – WLR Daily [2010] EWCA Civ 51; [2010] WLR (D) 39

“A local housing authority had acted unreasonably in seeking possession against a mentally impaired tenant for anti-social behaviour when it failed to take into account the possibility that the tenant’s mental impairment might have given rise to his behaviour. However, the fact that the tenant had successfully advanced a public law defence in a private law action meant that the council would not be preventing from bringing a fresh possession action if on reconsideration it felt it was merited.”

WLR Daily, 16th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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