Spivak v Ukraine [2025] ECHR 136 is a very helpful and important reminder of the increasing focus that Strasbourg is… Read more
Tag: Mental health
Discrimination and the dismissal of complaints by those with cognitive impairments – a strong statement from Strasbourg
The decision of the European Court of Human Rights in Clipea & Grosu v Moldova [2024] ECHR 867 is the… Read more
Calibrating the definition of ill-treatment by reference to the victim: an important clarification from the Court of Appeal
Whorlton Hall hospital housed patients with longstanding learning disabilities and significant additional psychological and behavioural needs, who required specialist care…. Read more
Outsourcing and the Human Rights Act 1998 – the consequences
Without straying into politics, Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) is a case which demonstrates… Read more
Codes, case-law, restraint and children
An NHS Trust v Mother & Ors [2024] EWHC 2207 (Fam) is a case which throws two issues into stark… Read more
Right Care, Right Person before the courts
It is perhaps slightly surprising that Right Care, Right Person should make its first reported appearance in case-law in the… Read more
A legal framework under intense stress: the MHA 1983 under the judicial microscope
One of the most difficult areas where the law runs up against practical realities is in relation to addressing the… Read more
Intellectual disability, psychiatric admissions and Article 3 – the European Court of Human Rights raises the stakes
In VI v Moldova [2024] ECHR 251, the European Court of Human Rights considered the placement of a 15 year… Read more
When (not) to rely upon capacity?
In Lukes v Kent & Medway NHS & Social Care Partnership Trust & Anor [2024] EWHC 753 (KB) Julian Knowles… Read more
Capacity, autonomy and the limits of the obligation to secure life
R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin) is an important, but curious,… Read more