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Nuffield Family Justice Observatory reports on legal outcomes of cases in the National Deprivation of Liberty Court

04 September 2023

The National Deprivation of Liberty (DoL) Court was launched on 4 July 2022 as part of the Family Division of the High Court, specifically to deal with applications seeking authorisation to deprive children...

Article

Case law update – COP newsletter August 2023

04 September 2023

Here is the round-up of the key Court of Protection cases from the first half of this year (January to June 2023), in which we believe our readers will be most interested. Please follow the link within the case summary to access the full judgment. Contact our team to discuss any particular case in more detail...

Article

Anorexia nervosa and capacity - the figurative terrorist invading the mind

04 September 2023

The recent judgment from Mostyn J in North East London NHS Foundation Trust v Beatrice and Edward [2023] EWCOP 17 provides a vivid description of the effect of anorexia on a person’s capacity. In this case P is given the alias 'Beatrice', and she is described as an intelligent person with an unambiguous appreciation that she will certainly die if her intake remains at 260 calories per day. The court’s judgment seeks...

Mental health | Hill Dickinson

Court of Protection newsletter - August 2023

04 September 2023

A number of important legislative and ground breaking decisions either coming into force or handed down over the last few weeks, top of my list being...

supreme court building
Article

Disability discrimination: mistaken belief that an employee was working on his friend’s farm whilst off sick

29 August 2023

The EAT upheld an employment tribunal’s finding that an employer had discriminated against an employee because of something arising from disability when it dismissed him due to the mistaken belief that he was working on his friend’s farm whilst he was off sick...

Article

Disability discrimination: were suggested adjustments to a selection process for a neurodiverse candidate reasonable?

25 July 2023

A disability discrimination claim brought by a neurodiverse candidate, whose suggested adjustments to a recruitment and selection process were partially rejected, failed. The selection process was objectively justified and the adjustments he had requested were not reasonable.

Video

LPS/DOLS video resources

24 July 2023

At the beginning of April 2023, the Department of Health and Social Care announced that the Liberty Protection Safeguards (also known as LPS) will now not be introduced this side of a general election, which is anticipated to be in Autumn 2024. In these videos we consider the most important questions surrounding the current Deprivation of Liberty Safeguards scheme, the main issues the LPS was designed to resolve and the implications for care providers on the LPS not going ahead..

Hospital beds
Article

In The Green – Navigating the Path to Net Zero Carbon: what do primary care providers need to know?

19 July 2023

As the world faces the pressing challenges of climate change, primary care providers have a vital role to play in reducing their carbon footprint and promoting sustainability. This article explores the legal implications and considerations for primary care providers as they strive towards achieving the net zero carbon emissions target...

Sustainability
Article

Deprivation of Liberty and LPS – An opportunity to regroup and reflect

12 July 2023

In April 2023, the Department of Health and Social Care announced that the Liberty Protection Safeguards (LPS) will not now be introduced this side of a general election, which it is anticipated will be held in autumn 2024. The impact of this delay means that the LPS are up in the air altogether – it is not clear whether any incoming government would have the appetite to resurrect the reforms. Even if they do, the earliest possible implementation date would now seem to be 2026 or 2027, given the extensive work that would be needed to prepare...

HRizon employment law newsletter - July 2023

29 June 2023

Welcome to our July HRizon employment law newsletter. We consider the High Court’s decision to quash regulations which allow striking staff to be replaced by agency workers, whether a dismissal will always be unfair if the decision-maker fails to meet the employee before they are dismissed, and the need to make reasonable adjustments to a selection process for neurodiverse candidates. We explore the progress of forthcoming legislation, including new laws regarding flexible working and the government’s decision to abandon its plans to reintroduce third-party harassment and the watering down of the new positive duty to take reasonable steps to prevent sexual harassment...

Article

New rights for parents and carers

27 June 2023

Plans to introduce additional statutory rights/protections for parents and carers in the UK continues to be a hot topic among legal commentators. The proposals...

Article

Better together: developing collaboratives within the new NHS

26 June 2023

Hill Dickinson were delighted to host a breakfast session at NHS ConfedExpo – Better together: developing collaboratives within the new NHS...