Case Law and Legal Summaries January 2019

There are 5 cases this month including decisions on s.117 aftercare; a decision as to whether it would be in the best interests of a man to have his personal injury financial settlement disclosed to him; and a case of willful neglect or ill-treatment under s.44 of the Mental Capacity Act 2005. The update also covers Welsh Ministers v PJ, which revolved around whether a deprivation of liberty was a lawful condition on a Community Treatment Order, and the sequel to Secretary of State for Justice v MM, on whether a deprivation of liberty could be authorized using the High Court’s inherent jurisdiction given that the Mental Health Tribunal or Secretary of State does not have the power to impose on as part of a patient’s conditional discharge.

In legal news, there are details of two Local Government Ombudsman reports into provision of social care, and safeguarding timescales.


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