The black box of the judicial visit to P

The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases, writes Alexander Ruck Keene. Read more
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  NEWS

Jan 14, 2022

Use of VIP lanes in government PPE procurement unlawful, High Court finds

The Government's use of a fast track "VIP" lane for awarding PPE (personal protective equipment) contracts was unlawful, the High Court ruled this week.
Jan 13, 2022

Weightmans and RadcliffesLeBrasseur pursue March 2022 merger

Law firms Weightmans and RadcliffesLeBrasseur have revealed they are in formal contract negotiations with a view to completing a merger at the end of March 2022.
Jan 10, 2022

Court of Protection authorises vaccination of autistic boy despite parental objections

The benefits of vaccination against Covid-19 for a child with autism, severe learning disability and asthma "significantly outweigh" the possible risks, the Court of Protection has found, despite objections from the boy's parents.
Jan 05, 2022

NHS Shared Business Services to procure next £80m legal services framework

NHS Shared Business Services has issued a prior information notice on its next legal services framework, which is estimated to be worth up to £80m.
Dec 30, 2021

Give councils greater share of new Health and Social Care Levy: LGA

The Local Government Association has called on the Government to immediately redirect a significantly greater share of the new Health and Social Care Levy to frontline adult social care.
Dec 23, 2021

Government wins appeal over which council was responsible for s.117 after-care services

The Department for Health and Social Care (DHSC) has won its appeal in a much-anticipated Court of Appeal ruling on which of two local authorities should pay for after-care services pursuant to s.117(3) of the Mental Health Act 1983 where the user has been detained, released and then, sometime later, detained again under the Act.
Dec 15, 2021

Former Court of Appeal judge to chair Covid-19 inquiry

The Prime Minister has appointed a former Court of Appeal judge as Chair of the forthcoming public inquiry into the Covid-19 pandemic.
Dec 01, 2021

High Court judge gives reasons for refusing permission for legal challenge to care home workers vaccination requirement

A High Court judge has given her reasons for dismissing two challenges to the Government’s policy that anyone working in a care home must be vaccinated against Covid-19 unless medically exempt.
Nov 30, 2021

Council facing judicial review for push to get children in vulnerable families back to school

A Covid-vulnerable family has sent a pre-action protocol letter to a council that it says unlawfully told a headteacher to stop allowing their children to stay home during rises in case numbers.
Nov 26, 2021

President of Court of Protection says guidance needed on judicial meetings with subject of proceedings

The President of the Court of Protection has acknowledged that there is “a pressing need” for guidance on the apparently developing practice of judges meeting the subject of proceedings (P), after the Court of Appeal set a judge's decision aside due to the "procedurally flawed" nature of a hospital visit he made.
Nov 25, 2021

Welsh council pursues closure order after cinema refuses to implement Covid pass rule

An independent cinema in Swansea is facing a closure order after it refused to demand customers show proof of vaccination on entry.

  FEATURES AND ANALYSIS

November 26, 2021

Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable?

The Court of Protection recently ordered that a woman with late onset vascular dementia be transferred to a residential care home after relations between her son and care workers broke down. Alex Ruck Keene analyses the ruling.
November 09, 2021

Looked after children and Covid-19 vaccination

Josie Canham-Williams summarises the first case to address the administration of the Covid-19 vaccination for 12-15 year olds and the winter flu vaccination for children in school years 7 to 11.
November 05, 2021

Health and Care Bill 2021: The role of local authorities in Integrated Care Systems

In the latest in a series of comment pieces on the Health and Care Bill 2021, Anna Hart, Charlotte Burnett and Hamza Drabu consider how local authorities and combined authorities will engage with Integrated Care Partnerships and Integrated Care Boards.
November 05, 2021

Six months to go, seven key changes: from DoLS to LPS 

Dr Christina Lienen highlights the key changes local authorities can expect with the move from the DoLS regime to Liberty Protection Safeguards in April 2022.
October 22, 2021

An overview of the legal framework for paying GP practices for premises costs

David Lock QC unpacks the changing model of delivering NHS primary services in the UK.
October 22, 2021

Not so personal messages: R. (on the application of Good Law Project Ltd) v Secretary of State for Health and Social Care and Abingdon Health Plc [2021] EWHC 2595 (TCC)

Nicola Sumner, Juli Lau and Beth Edwards look at The Good Law Project's challenge of the direct award by the Secretary of State for Health and Social Care of three contracts for the production and supply of rapid Covid-19 antibody tests (the “Contracts”).
October 14, 2021

Who examines the examiners?

Graeme Watson of Clyde & Co LLP considers the role of case examiners for the General Medical Council and the extent to which their decisions are open to challenge by disappointed patients.
October 07, 2021

The COVID-19 Inquiry: Preliminary thoughts on its scope and efficacy

Fiona Scolding QC, Christopher Jacobs, Carine Patry, Ben Fullbrook and Alex Goodman offer some preliminary thoughts on the scope of the public inquiry into the handling of the Covid-19 pandemic inquiry, scheduled to commence in 2022, focusing in particular on the inquiry’s “terms of reference”.
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  MORE NEWS

Nov 17, 2021

Welsh health board secures summary dismissal of procurement claim over award for mental health sanctuary service

Bidders can no longer sue in England and Wales for breach of general principles of European Union law governing the award of below-threshold contracts, the High Court has ruled.
Nov 12, 2021

Council applies for judicial review of hospital extension planning approval after decision taken under delegated powers, not by committee

Worcester City Council has applied for a judicial review in relation to a previously approved planning application for the relocation and expansion of the Emergency Department at its local hospital.
Oct 11, 2021

Local campaigner loses judicial review application over new medical facility

A local campaigner must pay more than £45,000 in costs after losing a judicial review application over the construction of a new medical facility, the BBC has reported.
Sep 30, 2021

Councillor eyes legal challenge over closure of local ambulance station

A town councillor is trying to raise funds to take legal action over the proposed closure of an ambulance station in Evesham.
Sep 28, 2021

Government faces legal challenge from pupil with SEN over “unfair” use of PCR testing in schools

The parents of a 15-year-old pupil with special educational needs and disabilities have instructed lawyers to challenge the lawfulness of government guidance to schools on Covid-19 testing, arguing that it should be urgently revised to enable pupils with disabilities to take less intrusive saliva tests.
Sep 27, 2021

Government must learn lessons from use of criminal law in pandemic including avoiding blurred line between guidance and the law: Justice Committee

Given the speed and scale with which the Government needed to create new regulations in response to the Covid-19 pandemic, in future it needs to have the requisite tools in advance "to respond in a swift and proportionate manner that does not risk criminalising behaviour in ways incompatible with widely understood principles of the rule of law, and avoids any lasting damage to the criminal…
Sep 24, 2021

Gillick competence, puberty-blockers and the Court of Appeal

Alex Ruck Keene examines the Court of Appeal’s ruling in the high-profile case on referrals for the prescription of puberty-blockers to children and young people under 18.
Sep 14, 2021

Adult social care reform plans “pose more questions than answers”: ADASS

The President of the Association of Directors of Adult Social Services (ADASS) said the organisation has been left “perplexed and concerned” that the Government’s proposals regarding adult social care funding and reform pose more questions than answers.
Aug 31, 2021

Court of Appeal agrees to hear appeal by Health Secretary in dispute over interpretation of ‘ordinary residence’ and s.117 Mental Health Act

The Court of Appeal has granted the Department of Health and Social Care permission to appeal a key ruling on the issue of ‘ordinary residence’ for the purposes of s.117(3) of the Mental Health Act.
Aug 26, 2021

Judge expresses concern at lack of suitable accommodation for vulnerable teenager in "depressingly familiar scenario"

A judge has criticised a situation in which a vulnerable teenage girl who “falls between two stools” cannot get the accommodation she needs.
Aug 17, 2021

Government withdraws emergency guidance covering Mental Capacity Act and DoLS during pandemic

The Department of Health and Social Care has withdrawn its emergency guidance on the Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic.
Aug 16, 2021

Court of Protection approves Covid vaccine for man lacking capacity, but declines to authorise booster dose without another hearing

A Court of Protection judge has approved the giving of the first and second dose of a Covid-19 vaccination to a man who lacks capacity, but has declined to authorise in advance the administration of a booster dose.
Aug 06, 2021

Local Government Association renews calls for inclusion of public health as licensing objective

The Local Government Association has called for licensing laws to be updated to give councils the power to consider the public health implications when deciding whether to grant licences.
Aug 04, 2021

Judge raps NHS England and mental health trusts over failure to provide medium secure bed for 15-year-old girl

A Family Division judge has strongly criticised NHS England and two NHS mental health trusts over the failure to accommodate a 15-year-old girl ‘M’ with complex needs through a medium secure tier 4 bed.
Aug 03, 2021

Peers criticise Government procurement proposals for prioritising competition over collaboration

The House of Lords Public Services Committee has expressed concern that the Government’s proposals on procurement and commissioning of public services “prioritise competition to the detriment of collaboration among providers of public services, give insufficient recognition to the important role played by the voluntary sector, fail to promote expertise in commissioning and do not align with the…
Jul 30, 2021

Department of Health and Social Care to procure latest £772m framework for NHS Resolution

The Department of Health and Social Care has fired the gun on the procurement of the latest NHS Resolution legal services framework, which is worth an estimated £772m over four years.
Jul 13, 2021

High Court judge finds claim form for PPE contract award challenge was not validly served

The High Court has thrown out a judicial review challenge over the lawfulness of a decision by the Secretary of State for Health and Social Care during the pandemic to award a £102.6m contract to a company for the supply of personal protective equipment (PPE), after finding the claim form was not served validly.
Jul 08, 2021

Judge cites special circumstances in allowing claimant to call expert witness in tender evaluation dispute

A claimant supplier can call on expert witnesses in a procurement dispute with the Secretary of State for Health and Social Care, Mr Justice Fraser has ruled in a case management hearing.
Jul 08, 2021

Integrated care boards to replace clinical commissioning groups as Government unveils Health and Care Bill

England is to be divided into integrated care boards and partnerships responsible for bringing together local NHS and local government, such as social care, mental health and public health advice.
Jul 07, 2021

ICO launches formal investigation into use of private email accounts at Department of Health and Social Care

The Information Commissioner’s Office has launched an investigation into the use of private correspondence channels at the Department of Health and Social Care.
Jun 17, 2021

Local authority secures court approval for vaccination of boy in face of parental objections

A boy subject to an interim care order must be vaccinated in line with the schedule recommended by the National Health Service despite his parents’ objections, the High Court has ruled.
Jun 16, 2021

Ombudsman criticises “incredibly disappointing” conduct of council in failing London man with severe learning disability multiple times

The Local Government and Social Care Ombudsman has issued two separate reports into the way the London Borough of Redbridge "failed" the family of a 20-year-old man with special educational needs, following a number of complaints from the family dating back more than a decade.
Jun 10, 2021

UK Government “misrepresented” the law and eluded parliamentary oversight when implementing legislation during pandemic, House of Lords Select Committee finds

The UK Government "misrepresented" the law on a number of occasions when communicating new public health guidance and restrictions during the pandemic, according to a report published today by the House of Lords' Select Committee on the Constitution.
May 20, 2021

Senior judge declines to order Covid vaccination of 86-year-old woman

The Court of Protection has ruled that an 86-year-old woman with dementia should not be either forcibly given a Covid vaccine or deceived into accepting a jab.
May 19, 2021

London borough facing legal action over "failure to act" on harassment outside Marie Stopes Clinic

The Good Law Project and Sister Supporter have threatened Camden Council with legal action over the local authority’s alleged ongoing failure to deal with the intimidation and harassment of women outside the Marie Stopes Clinic in the borough.
May 10, 2021

High Court judge explains £250k cost-capping order in PPE procurement proceedings

A High Court judge has given her reasons for making a costs capping order of £250,000 in respect of both the claimants, the Good Law Project and EveryDoctor, and the defendant, the Secretary of State for Health and Social Care, in the procurement challenge over the award of contracts for the supply of personal protective equipment (PPE).
Apr 30, 2021

Parliamentary and Health Service Ombudsman to routinely publish its investigations

The Parliamentary and Health Service Ombudsman (PHSO) has from this week begun to routinely publish its investigations including those cases where serious mistakes have been made and not readily admitted nor addressed.
Apr 20, 2021

Failure of NHS trust to consult public on temporary closure of A&E department was unlawful, High Court judge rules

An NHS Trust acted unlawfully when it failed to consult service users before deciding to close a hospital's A&E department temporarily, a High Court judge has ruled.
Apr 19, 2021

NHS procurement consortium appoints 11 firms to re-procured legal services framework agreement

The NHS North of England Commercial Procurement Collaborative (NoE CPC) has re-procured its framework agreement for the provision of legal services, awarding the contract to 11 law firms.

  MORE FEATURES

September 24, 2021

Vaccinating 12 to 15 year olds

Stephanie McGarry and Alistair Taylor consider the Government’s updated guidance on Covid-19 vaccination of 12 to 15 year olds.
September 17, 2021

Social care funding: rapid response note

Fenella Morris QC, Sian Davies and Arianna Kelly analyse the Government's proposals for social care funding reform and look at the key issues for local authorities.
September 17, 2021

The Court of Protection and “the most complex Covid patient in the world”

Alex Ruck Keene looks at the latest ruling by the Vice President of the Court of Protection on the withdrawal of treatment in a COVID context.
August 27, 2021

Long COVID: What is it and how should employers deal with it?

Andrew Rayment, Laura McLellan and Kendel Shepherd look at the issues created by Long Covid and set out some practical steps for employers.
August 27, 2021

Litigation Friend appointments and costs

The High Court has ordered that a Defendant is not liable for costs incurred arising from a dispute over who the Litigation Friend should be. Sean Linley reports.
August 20, 2021

Discharging medically fit children from hospital during a shortage of accommodation

Gemma Brannigan explains how two NHS Trusts recently obtained a High Court Order to require a child to be removed from hospital.
July 30, 2021

Court of Protection case law update: July 2021

Aaqib Javed and Holly Littlewood examine the latest rulings of interest to Court of Protection practitioners.
July 16, 2021

Reporting restrictions in end of life cases

Rosalind English analyses an important High Court ruling on anonymity for treating clinicians in 'end of life' cases.
June 28, 2021

The LLG Grapevine 28th June

This week Deborah Evans, Dennis Hall and Helen McGrath discuss S.W. v United Kingdom: European Court of Human Rights, Dobson v North Cumbria Integrated Care NHS Foundation Trust, Place and Wellbeing in Local Government, The Commercial edge: Renewing the case for the Local Investment, Schools and Education, Social Care Finance, MHCLG Questions last week, and the Electoral Integrity Bill.
June 25, 2021

Court of Protection case update

Aaqib Javed and Holly Littlewood review the latest cases of interest to Court of Protection practitioners.
June 18, 2021

Substance or form?

When do repeated errors invalidate a Deprivation of Liberty Safeguards (DoLS) authorisation? Alex Ruck Keene examines a recent Court of Protection ruling.
April 16, 2021

Long-term leave under s.17 Mental Health Act

Arianna Kelly analyses a recent judgment in which the Upper Tribunal considered whether a s.3 Mental Health Act detention can persist during long-term s.17 Mental Health Act leave without any active connection between the patient and hospital.
April 14, 2021

What does the COVID pandemic mean for the standard of care?

What is the impact of the COVID-19 pandemic on the interpretation of the appropriate standard of care? Chris Bright QC, John Coughlan QC, Gemma Roberts, and Neil Shastri-Hurst explore the key implications.
April 09, 2021

Can a worker get paid for sleeping?

Some jobs such as care workers, security guards and nightwatchmen require the individual to work night shifts where they may, with the approval of their employer, sleep during some or all of the shift, but nevertheless remain on standby during that time. The Supreme Court was asked to decide how many hours such a worker should be paid for the purpose of the National Minimum Wage (NMW) which will…
March 26, 2021

Vaccination – looking at all the relevant circumstances

Alex Ruck Keene analyses a Court of Protection ruling on whether a 31-year-old man with a learning disability should be vaccinated against Covid-19.
March 22, 2021

Section 117 After-care and Ordinary Residence

A High Court judge has held that a new interpretation of s.117 of the Mental Health Act 1983 advanced by the Health Secretary when determining an ordinary residence dispute was wrong, and quashed the minister’s determination. The judgment gives welcome clarification on how ordinary residence, under s. 117, operates, writes Lee Parkhill.
March 05, 2021

Late publication of contracts

David Mitchell examines a recent ruling that the late publication of coronavirus contracts by the Department of Health and Social Care was unlawful.
February 26, 2021

Health and Care White Paper: opportunities for local authorities

Kirtpal Kaur Aujla considers what the Government's Health White Paper means for local authorities.
February 12, 2021

The Covid-19 vaccine and capacity

A senior judge recently ruled that it was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son. Jennifer Swan analyses the judgment.
February 05, 2021

Community Treatment Orders: does seeing patients remotely suffice?

Jonathan Auburn and Lucy McCann assess whether decision-making as to community treatment orders requires physical attendance.
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