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Mental Health

Declaration of lack of capacity granted subject to Article 5 constraints

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Mental Health

Supreme Court rules that Article 8 need not be considered in possession proceedings by private landlord

McDonald v McDonald [2016] UKSC 28

A private sector tenant who had psychiatric and behavioural issues argued that the court was required to carry out an Article 8 assessment in repossession proceedings.  The tenant’s landlords were her parents who had purchased the property by obtaining a secured loan from a private company.  They fell into arrears of the monthly payments and the company sought to repossess the property.

Tags
ECHR Art. 8, Housing Law, Mental Health

IPCC rules that Sussex Police fail in duty towards disabled eleven year-old girl

An eleven-year old girl who suffered from a neurological disability had been detained in police custody for a total of 60 hours under mental health laws, but without appropriate procedures being followed. 
 
An investigation was conducted by the Independent Police Complaints Commission (IPCC) which found that the police failed to respond to the child’s needs.  They could not justify use of force when restraining and hooding her and failed to ensure the presence of an appropriate adult, as required by mental health laws. 
 

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Children's Rights, Disability, Mental Health

Nicklinson Right To Die Cases

In a follow-up to a case previously covered by the PILS Update, two severely disabled men and Tony Nicklinson’s widow have taken their cases on assisted suicide to the Court of Appeal of England and Wales. All three appellants want health professionals to be legally protected if they assist people who wish to end their own lives.

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Mental Health

Case admitted straight from the County Court reaffirms Rabone ruling that voluntarily detained patients can be covered by Art. 2 duties

The European Court of Human Rights (ECtHR) admitted a case on appeal directly from the County Court in England and proceeded to affirm the UK Supreme Court’s ruling in Rabone v Penine Care NHS [2012].

Tags
ECHR Art. 13, ECHR Art. 2, Mental Health, Suicide