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Keyword “article 8”
Topic “Legal literacy”

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[PUBLICATIONS] Legal literacy in adult social care: Strategic Briefing (2016)

Strategic Briefings
Published: February 2016

Legal literacy is a key issue in social work and social care. Recent high profile court cases, especially focusing on the Deprivation of Liberty Safeguards, highlight the importance of a sound knowledge of, and ability to critically reflect on, social care and the law. This brief

[PUBLICATIONS] Legal literacy: Practice Tool (2016)

Practice Tools and Guides
Published: October 2016

Legal literacy matters because the law determines how and when the state can intervene in the lives of individuals. It also serves as a valuable tool to support empowering, enabling and rights-focused social work and social care practice. This resource uses tools and exercises t

[OTHER] Case 6: AG v BMBC and SNH [2016] EWCOP 37

Link to BAILII: http://www.bailii.org/ew/cases/EWCOP/2016/37.html Summary: Court of Protection Hub Dates: Hearing date: 11 November 2015. Judgement date: 6 July 2016 Case synopsis: Covert medication – what protections are there for the person receiving it?  Case summar

[OTHER] Introduction: May 2017 themed issue – relationships

This issue concentrates on the messages for practice about supporting relationships that have emerged from court cases, mainly within the Court of Protection. This is not a complete review of relevant cases, but focuses on those that have led to clear and helpful guidance, includ

[OTHER] Case 2: A Local Authority v A (A Child) & Anor [2010] EWHC 978

Link to BAILII (British and Irish Legal Information Institute http://www.bailii.org/ew/cases/EWHC/Fam/2010/978.html Summary: Mental Health Law Date: 4 May 2010 Case synopsis Two similar cases were heard together; one involved a child (A) and the other an adult (C). They were

[OTHER] Case 5: Re MM (A Patient) [2017] EWCA Civ 34

Link to BAILII (British and Irish Legal Information Institute): www.bailii.org/ew/cases/EWCA/Civ/2017/34.html Summary: Family Law Week Summary: Garden Court Chambers Date (final hearing) 30 January 2017 Case synopsis: There had been persistent concerns, by relatives, frien

[OTHER] Case 6: Essex County Council v RF & Ors (Deprivation of Liberty and damage) [2015] EWCOP 1

Link to BAILII (British and Irish Legal Information institute) http://www.bailii.org/ew/cases/EWCOP/2015/1.html Summary: 39 Essex Chambers Date: 7 January 2015 Case synopsis A retired civil servant, aged 91, lived quietly with his cat in the home he had formerly shared with h

[OTHER] News and guidance: Restrictions in intensive care settings – and elsewhere

As expected, the Ferreira case (discussed in the February 2017 issue) has been appealed in the Supreme Court. This was because this judgment appeared to fly in the face of the Cheshire West Supreme Court judgment, particularly in its apparent limitation of the universality of hum

[OTHER] Case 5: CH v A Metropolitan Council [2017] EWCOP 12 Sexual capacity within a marriage

Link to BAILII: http://www.bailii.org/ew/cases/EWCOP/2017/12.html  Summary: Court of Protection Hub Date: 28 July 2017 Case synopsis: This case concerned capacity to consent to sexual relations, but is unusual in that it relates to a married couple, where one party, CH, had b

[OTHER] News and Guidance: Report by the Local Government and Social Care Ombudsman (LGO): Investigation into a complaint against Nottinghamshire County Council (ref.no. 16 009 251) 27 July 2017

A recent report by the LGO finds a local authority at fault for breaching the Article 8 rights of both a care home resident, Mrs. J, and of her son-in-law, Mr. K, when he was barred from visiting. Many facts are contested, but at the heart of Mr. K’s complaint, which was upheld
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