Covid-19: Court of Protection guidance on visiting P and hearings

The Court of Protection has issued two important pieces of guidance in the last two days, writes Jonathan Auburn. Read more
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  NEWS

Mar 26, 2020

Coronavirus Act 2020 receives Royal Assent

The Coronavirus Act 2020, which contains a wide range of emergency measures as part of the government’s response to the COVID-19 outbreak, has been given Royal Assent.
Mar 20, 2020

Barristers call for changes to Coronavirus Bill to avoid wholesale removal of duties to provide adult social care

Barristers from 39 Essex Chambers, 11KBW and Monckton Chambers have set out proposed amendments to the Coronavirus Bill, warning that, as it is currently drafted, the legislation is likely to have a serious negative impact on adults with care and support needs and their carers.
Mar 19, 2020

Employment Tribunal awards whistleblowing doctor £857,000

A doctor who lost his job after making whistleblowing disclosures has been awarded more than £857,000 by an Employment Tribunal.
Mar 17, 2020

Care watchdog in immediate cessation of routine inspections in response to coronavirus

The Care Quality Commission has stopped routine inspections as it adapts its regulatory approach in response to the coronavirus outbreak.
Mar 16, 2020

Judge orders dialysis treatment where refusal by 34-year-old man was manifestation of his mental disorder

A 34-year-old man’s refusal of dialysis was a manifestation of his mental disorder and so he should be ordered to undergo treatment at times when he does not consent to it, a Court of Protection judge has found.
Mar 02, 2020

Claimant fails in legal challenge over abandonment of procurement of strategic estates partnership

An NHS trust has defeated a legal challenge over its decision to abandon a procurement exercise for a 10-year strategic estates partnership (SEP), in circumstances where it had previously made a decision to award the contract to the claimant.
Feb 24, 2020

Claimants lose challenge to reconfiguration of stroke services in Kent and closure of unit

Campaigners backed by Medway Council have failed in a judicial review challenge to the proposed closure of a stroke unit at a local hospital in Kent.
Feb 12, 2020

Equalities watchdog in legal action against Health Secretary over accommodation for people with learning disabilities and autism

The Equality and Human Rights Commission has launched a legal challenge against the Secretary of State for Health and Social Care over what it claims is a repeated failure to move people with learning disabilities and autism into appropriate accommodation.
Feb 11, 2020

Fresh legal challenge threatened over changes at hospital amid claims of “unlawful” consultation

A campaigner has threatened a fresh legal challenge after a consultation on proposed changes at the Friarage Hospital in Northallerton did not include the option to maintain its accident and emergency department.
Feb 03, 2020

Centre for Public Scrutiny to examine role of scrutiny in improving approaches to tackling gambling harms

The Centre for Public Scrutiny (CfPS) has issued a call for evidence as part of a new research project aimed at improving the scrutiny of activity to tackle gambling harms.

  FEATURES AND ANALYSIS

March 06, 2020

Not only inimical… but potentially fatal: medical treatment cases and delay

A recent case shows how important it is that doctors and other professionals are supported within their organisations to understand the points at which they need to consider an application to the Court of Protection, writes the CoP team at 39 Essex Chambers.
February 28, 2020

Refusing food, (in)capacity and coming to court

A Court of Protection judge has made important observations about the need to distinguish between a reluctance to answer questions and an inability to do so, writes the CoP team at 39 Essex Chambers.
February 21, 2020

Finding the right balance with constrained resources

A recent decision is a useful reminder of the distinction between public law decisions and best interests decisions (the Court of Protection having jurisdiction over the former but not the latter) and the way in which, in practice, public law decisions may limit significantly the best interests decisions that can sensibly be made, writes the CoP team at 39 Essex Chambers.
February 14, 2020

Coronavirus, public health and coercive powers

The UK Coronavirus regulations contain legal powers to control a public health crisis. David Lawson looks at the key elements.
February 14, 2020

Consulting on the reconfiguration of hospital services

The Court of Appeal last month rejected a challenge to reorganisation plans by two clinical commissioning groups in the North East. 39 Essex Chambers explains why.
February 07, 2020

The power to quarantine

David Lawson considers the law and practice of quarantine – of individuals, of groups and of places, of the unwell and of the healthy.
January 24, 2020

Public procurement challenges require strict and swift approach

Gwendoline Davies and Lynsey Oakdene offer practical advice arising from a High Court decision in a recent public procurement challenge.
January 03, 2020

Case management and expert evidence

In a recent case the Vice-President of the Court of Protection made some important comments in relation to case management. The CoP team at 39 Essex Chambers reports.

  MORE NEWS

Jan 30, 2020

Court of Appeal dismisses legal challenge over reconfiguration at North East hospitals

The Court of Appeal has rejected a challenge to reorganisation plans by two clinical commissioning groups (CCGs) in the North East but has criticised a lower court judge for delays in issuing his judgment, which created a situation that did not comply with Civil Procedure Rules.
Jan 23, 2020

Senior judge issues guidance on applications to Court of Protection concerning medical treatment

The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance on applications to the court relating to medical treatment.
Jan 22, 2020

Hempsons bolsters Regulatory, Crime and Professional Discipline team with Eastwoods merger

Health and social care law firm Hempsons is to merge with Eastwoods which specialises in defending professionals.
Jan 20, 2020

NAO releases report on investigation into rescue of Carillion’s PFI hospital contracts

The government declined to bail out two PFI schemes being built by failed construction firm Carillion for risk of setting a precedent that the taxpayer would bear the risk of future PFI projects that ran into trouble, a report published last week by the National Audit Office has found.
Dec 12, 2019

Relief for councils as NHS trusts lose High Court bid to claim £1.5bn charities reduction on business rates

A group of 17 NHS foundation trusts have failed to persuade a High Court judge that they are charities and so eligible for substantial reductions on the non-domestic rates payable on the properties they occupy.
Nov 21, 2019

Applications for DoLS by care homes and hospitals up 15% each year since 2014-15: report

The number of applications made by care homes and hospitals to local authorities under the Deprivation of Liberty Safeguards (DoLS) has increased by an average of 15.0% each year since 2014-15, official statistics from NHS Digital have revealed.
Nov 19, 2019

Court of Appeal hears challenge over transfer of services from North East hospital

The Court of Appeal is this week hearing a challenge to the decision by clinical commissioning groups (CCGs) to transfer services away from South Tyneside Hospital.
Nov 15, 2019

Information watchdog updates guidance for data controllers on protecting ‘special category data’

The ICO has issued updated guidance on special category data, to which data controllers must give extra protection under the GDPR.
Nov 13, 2019

Minimum unit price for alcohol to be introduced in Wales in March 2020 after Assembly approval

The Welsh Government will introduce a minimum unit price for alcohol of 50p from 2 March 2020, after regulations were this week approved by the National Assembly for Wales.
Oct 18, 2019

Legal action over prolonged detention of girl resolved following mediation

Legal action brought by a father over his daughter’s prolonged detention has been resolved, including a claim for damages, following mediation.
Oct 18, 2019

Charity in legal action over charging policy for vulnerable migrant women accessing NHS maternity care

A charity has launched a judicial review over the policy of charging vulnerable migrant women for NHS maternity care, saying it was deterring them from attending essential health care appointments.
Oct 10, 2019

Ombudsman raps council for failing to review care plan for five years, not adhering to statutory guidance

An investigation by the Local Government and Social Care Ombudsman has found a council at fault for not reviewing an autistic woman’s care plan for more than five years, and for not adhering to the most fundamental parts of the Care and Support Statutory Guidance.
Oct 01, 2019

NHS bodies urge scrapping of s.75 tendering rules and removing healthcare commissioning from Public Contracts Regulations

There is strong public and NHS staff support for scrapping section 75 of the Health and Social Care Act 2012 and for removing the commissioning of NHS healthcare services from the jurisdiction of the Public Contracts Regulations 2015, NHS England and NHS Improvement have said.
Sep 16, 2019

Court of Appeal agrees to hear battle over closure of services at South Tyneside Hospital

The Court of Appeal has given permission to campaigners to appeal a High Court ruling rejecting their judicial review challenge over the closure of services at South Tyneside Hospital.
Sep 12, 2019

Campaigners bring legal action against clinical commissioning group in bid for new hospital

A clinical commissioning group is facing legal action from a local campaign group which, unusually, objects to three hospitals being kept open.
Sep 10, 2019

NHS trust launches investigation into serious data breach at gender identity clinic

The Tavistock and Portman NHS Foundation Trust has said it is investigating a data security incident reportedly involving the Charing Cross Gender Identity Clinic.
Aug 30, 2019

Batten Disease families get green light for High Court challenge over decision not to provide treatment

Four children with the neurodegenerative condition Batten disease have been given permission to bring a judicial review challenge over a decision to not make a potentially life-saving treatment available through the NHS in England.
Aug 27, 2019

Browne Jacobson advises on major North West NHS university hospital trusts merger

Law firm Browne Jacobson has acted as legal adviser on the merger clearance of a deal that will lead to the formation of one of the North of England’s biggest university hospital trusts.
Aug 21, 2019

Care home manager to be sentenced for failure to disclose evidence at inquest

A former manager at a care home where a young woman died is due to be sentenced later this month for failing to attend and disclose evidence to an inquest.
Aug 19, 2019

Green light given for judicial review over stroke unit closures in Kent

Campaigners have been granted permission to bring a judicial review challenge over plans to reduce the number of hospitals able to offer emergency stroke treatment in Kent.
Aug 15, 2019

Council succeeds in getting procurement claim brought by NHS trust struck out

The Technology and Construction Court has accepted Cornwall Council's arguments that a procurement claim made against it by the Royal Cornwall Hospitals NHS Trust should be struck out.
Aug 06, 2019

Health procurement body names ten law firms to £40m legal services panel

The HealthTrust Europe group purchasing organisation for NHS bodies has appointed ten providers to its latest legal services framework, which is worth an estimated £40m.
Aug 02, 2019

CCGs defeat court bid to stop NHS reorganisation

Two clinical commissioning groups (CCG) have hailed a written judgement as vindicating a controversial service reorganisation in South Tyneside and Sunderland, although campaigners have warned they plan to appeal.
Jul 26, 2019

Dorset healthcare campaigners denied fresh judicial review of NHS reorganisation

Campaign group Defend Dorset NHS has been refused a second judicial review of plans by the Dorset Clinical Commissioning Group to re-structure NHS service in the county.
Jul 25, 2019

High Court hearing over closure of A&E services at hospital shelved after trust bosses agree to consultation

A High Court hearing into the suspension of accident and emergency services at The Friarage hospital in Northallerton has been vacated this week after management at the South Tees NHS Foundation Trust agreed to hold a full consultation into the decision.

  MORE FEATURES

November 08, 2019

Deprivation of liberty in the community – how not to apply to court

A recent case reads as an object lesson in how not to make an application to the Court of Protection to authorise deprivation of liberty, writes Alex Ruck Keene.
November 01, 2019

NHS trusts and the duty of candour

The Care Quality Commission (CQC) recently decided not to pursue a duty of candour case against an NHS trust due to a lack of evidence. Sarah Knight looks at the lessons to be learned.
October 25, 2019

Transgenderism and chosen pronouns

A Christian doctor was recently dismissed for refusing to address transgender patients by their chosen pronoun. Nadjia Zychowicz reports on the Employment Tribunal’s subsequent ruling.
October 25, 2019

Fluctuating capacity: decisions on the management of diabetes

Hope Davis-McCallion examines how the Court of Protection approached deciding whether a woman had capacity to make decisions about the management of her diabetes.
October 11, 2019

The limits of the inherent jurisdiction (1)

Mr Justice Cobb recently handed down two important decisions on the scope of the inherent jurisdiction at the border of the Mental Capacity Act 2005. In the first of two articles on these rulings, the Court of Protection team at 39 Essex Chambers examine a case concerning a young adult and the use of the inherent jurisdiction to authorise deprivations of liberty where there is no statutory…
September 06, 2019

The extent of the inherent jurisdiction

Christine Cooper reports on an unusual inherent jurisdiction case that recently went before a High Court judge.
August 23, 2019

The MHA and the MCA in the community

The Court of Protection team at 39 Essex Chambers report on the outcome of a ruling dealing with streamlined Re X applications made by two local authorities.
August 23, 2019

Segregation on mental health wards

The Care Quality Commission (CQC) recently published interim findings about the segregation in mental health wards of young people and people with a learning disability or autism. Holly Bridden looks at the lessons to be learned.
August 16, 2019

Fluctuating capacity – micro vs macro decisions

Alex Ruck Keene looks at the lessons to be learned from the latest Court of Protection to address the issue of fluctuating capacity.
July 26, 2019

Entitlement to personal independence payments

The Supreme Court has this month considered an appeal over entitlement to Personal Independence Payments. Leon Glenister explains the ruling.
July 26, 2019

DoLS, inquests and Article 2 ECHR

Does a DoLS automatically engage Article 2 of the European Convention on Human Rights at inquest? Jessica Swift and Martin English examine the impact of a recent Divisional Court ruling.
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May 24, 2019

Liberty Protection Safeguards – a new frontier or further difficulties?

The Mental Capacity (Amendment) Act 2019 received Royal Assent earlier this month. Matthew Angus and Amanda Mead examine its key provisions and how they will affect local authorities, health bodies and other organisations.
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May 24, 2019

Conversations about religion with patients

The Court of Appeal has rejected a nurse’s appeal against dismissal for improper conversations about religion with patients. Alessandra Gettins, Emma Rowley and Bridget Prosser explain why.
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April 18, 2019

A delicate line – litigation friends and P asserting litigation capacity

A Court of Protection judge recently heard an appeal against a ruling that a man lacked capacity to conduct proceedings. The CoP team at 39 Essex Chambers report on the outcome.
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February 15, 2019

NHS Trusts and apologies

The Care Quality Commission has fined a NHS Trust for failing to apologise. Jake Richards considers the lessons from the case.
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January 25, 2019

The NHS Long Term Plan - Procurement and Competition

The NHS Long Term Plan raises some interesting issues for anyone involved in procurement and bidding in the health sector, writes Mary Mundy.
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January 18, 2019

The NHS Long Term Plan

Gerard Hanratty provides a legal overview of the new NHS Long Term Plan.
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January 11, 2019

Community treatment orders, conditions and deprivations of liberty

Do responsible clinicians have the power to impose conditions in a community treatment order (CTO) which have the effect of depriving a patient of his liberty? The Court of Protection team at 39 Essex Chambers analyse a Supreme Court ruling.
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January 04, 2019

Discharging restricted patients and deprivations of liberty

The Supreme Court has issued a significant ruling on the power to impose conditions on a discharge of a restricted patient which would amount objectively to a deprivation of the patient’s liberty. The Court of Protection team at 39 Essex Chambers analyse the judgment.
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January 04, 2019

Integrated Care Providers and payment mechanisms

The Court of Appeal has confirmed the lawfulness of the proposed Whole Population Annual Payments for the NHS. Alistair Robertson and Jonathan Blunden analyse the ruling.