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Case Law and Legal Summaries

Case Law summaries

Case Law and Legal Summaries: monthly overview and analysis of selected cases, highlighting implications and recommendations for practice.

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Case Law and Legal Summaries February 2019

There are four cases this month. In R v London Borough of Hammersmith and Fulham, it was found that the need for accommodation on its own does not amount to a need for care and support under the Care Act 2014.

In Esegbona v King’s College Hospital NHS Foundation Trust, an NHS Trust’s failure to follow the Deprivation of Liberty Safeguards led to it paying damages for false imprisonment, causing distress, and mistreating the person’s family.

In A Local Authority v BF the inherent jurisdiction of the High Court was used to deprive a man with mental capacity of his liberty.

Finally, in SW v Cornwall Partnership NHS Trust, the Upper Tribunal issued guidance on how a person’s risk of relapse might influence the discharge of their Community Treatment Order.

In legal news, the Ministry of Justice have issued an online consultation into revising the Mental Capacity Act 2005 code of practice.


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