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Brownhill I: An Introduction to Health
and Welfare Disputes involving High Net

An Introduction to Health and Welfare Disputes involving High Net Worth Individuals

The Mental Capacity Act (2005) provides health and legal professionals with an academic framework to assess and evaluate an individual’s ability to make a decision, but in practice, mental capacity assessments are often misunderstood and poorly conducted.
Grandpa on a Skateboard is a practical book for health and legal professionals that uses real-life case studies and provides clear, jargon-free guidance to simplify and explain the assessment process.
It has helped thousands of practitioners understand and improve their assessments of mental capacity. This fully updated third edition also covers ‘virtual’ assessments using video conferencing tools and how to deal with fluctuating mental capacity.
This book will:
• Cut through the jargon and clarify the assessment process
• Give you the confidence and ability to conduct robust assessments
• Show how to set the threshold of understanding that is necessary for every assessment
• Enable you to record your assessments appropriately so they stand up to legal scrutiny
• Help you achieve the optimum outcome for those in your charge

The practicalities of assessing mental capacity and unwise decisions

Grandpa on a Skateboard

This unique text is an accessible and practical guide addressing legal and related issues stemming from the deprivation of liberty of children and young people. It provides a roadmap to the deprivation of liberty of children and young people, from initially identifying that a child or young person may be deprived of their liberty or that a deprivation of liberty may be required, through to taking an application to court and the course of proceedings. This includes the scope of the Family Court, the Court of Protection and the Family Division of the High Court. This title: - Defines a deprivation of liberty, considering how this may look for both children and young people (under 16s and 16 and 17 year olds) - Explores how a deprivation of liberty may be authorised, including the different statutory schemes and courts - Considers the intersection with care proceedings and the interplay between deprivations of liberty and the Children Act 1989 - Explains the different placement types for children and young people including placements outside of the jurisdiction - Provides practical guidance on the transition of children into adulthood - Includes case law summaries The book unpacks the complicated and convoluted issues surrounding this challenging area of law, and in doing so, supports advocates, practitioners, parents, family and carers who are involved in the lives of children and young people who are deprived of their liberty. This title is also available within Bloomsbury Professional's Family Law online service.

The Deprivation of Liberty of Children and Young People

Law and Criminology (R0)

This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.&lt;div&gt;&lt;div&gt;&lt;br&gt;&lt;/div&gt;&lt;/div&gt;

Libor Klimek

Mutual Recognition of Judicial Decisions in European Criminal Law

This book argues that suicidal people have the right to receive treatment and for reasonable steps to be taken that they are protected from killing themselves. Those suffering threats to life from mental health issues deserve the same protection as those who face threats to life from ill health or violence from others. The book explores the ethical and legal case for giving those beset with suicidal thoughts the treatment they need and for reasonable steps to be taken to prevent them attempting suicide. Debates around suicide tend to be dominated by cases involving those with terminal medical conditions seeking assisted dying. But of those wishing to die, it is far more common to find middle aged men and young people oppressed by mental health and personal problems. Too often the woeful failure in the funding of mental health services in the UK means that suicidal people are denied the support and help they desperately need. This ground-breaking book makes the legal and ethical case for recognising that the state and public authorities have a duty to provide and implement an effective suicide prevention strategy.

The Right to Be Protected from Committing Suicide

When arrangements are made for someone, in their best interests, that amount to a deprivation of their liberty - for example placing someone in a care home against their wishes - how does the law protect their rights?


The law in this vital area has been a mess. In 2014, a parliamentary committee described the current legal framework - the "Deprivation of Liberty Safeguards" (DoLS) - as not fit for purpose, and that was before a Supreme Court judgment (Cheshire West) just a few days later meant that the system has been overwhelmed with vastly more cases than it was built or resourced for.


In 2019, legislation was passed with the bare bones of a new system, the Liberty Protection safeguards (LPS), to replace DoLS. But despite a consultation in 2022 on a draft Code of Practice which added some detail, it has now been announced that the LPS will not be implemented before the next general election (expected to be in late 2024), and so in practice may well never be implemented at all.


Without those long awaited reforms, we will still have to work with the old system, and all the problems it had that LPS was supposed to fix, notably:

That DoLS does not apply beyond care homes and hospitals, and so anyone deprived of their liberty in other settings, such as their own family home, or supported living, can only have this authorised by a court order;
Similarly, DoLS only applies over the age of 18, but this leaves a gap for 16-17 year olds where, again, court orders are needed to authorise any deprivation of liberty, as the courts have only recognised parental consent to avoid a deprivation of liberty where the child is under 16; and
Even where the DoLS system does apply, over 18 and in care homes and hospitals, there is a colossal mismatch between the system's resources and the workload, with backlogs of a year or more for authorisations to be processed, and tens of thousands of people unlawfully deprived of their liberty.




This book will look at:

The background and context to the law on deprivation of liberty
Article 5 of the European Convention of Human Rights
The Bournewood case and the birth of DoLS
Cheshire West, the definition of a deprivation of liberty, and how this has applied in a range of settings from the family home to residential care and hospital
How DoLS works in practice, including the key safeguards
Deprivation of liberty for children and young people
Court applications for deprivation of liberty in the community
The interface between DoLS and the Mental Health Act
Consequences and compensation for an unlawful DoL
The Law Commission's review of DoLS, the evolution of the LPS and how it would have worked, and the prospects of reform now; and
Making the best of the system we have for now.




ABOUT THE AUTHOR


Ben Troke is a solicitor and a mediator with 25 years' experience working in health and social care, acting for the NHS and private sector providers all over the country. His particular interest is in decisions about mental capacity, medical treatment and deprivation of liberty, and he regularly deals with urgent applications to court in emergency situations.


Ben is independently rated as one of the leading practitioners in the country in the Court of Protection. He currently sits on the Law and Ethics Policy Unit of the Faculty of Intensive Care Medicine, and the Law Society's Mental Health and Disability Committee, and has a decade of experience of sitting on the ethics of clinical practice committee of a large acute NHS Trust.


Ben is a regular speaker at conferences nationwide and often provides training, in person and online.

A Practical Guide to the Law of Deprivation of Liberty

How does the European Convention on Human Rights apply to people who suffer mental ill-health or are alleged to be affected by such a condition? The last few years have seen a raft of important judgments from Strasbourg concerning the rights of people with mental health issues. This book provides a practical and critical analysis of obligations arising from the rights to life, freedom from inhuman or degrading treatment, liberty and security of the person, family and private life, and other ECHR rights. It considers the impact of human rights and mental health in the context of criminal law, family law and Court of Protection issues. The authors give an article-by-article summary of the most important case law, as well as a thematic summary, drawing together issues relevant to practitioners specialising in mental health law as well as legal practitioners working in fields that require knowledge of Strasbourg jurisprudence on mental health including Court of Protection, family and criminal practitioners. This title is included in Bloomsbury Professional's Family Law online service.

European Court of Human Rights and Mental Health

Abschiebungshaft gilt als zentrales Instrument der aktuellen Rückführungspolitik. Sie soll die Durchführung von Abschiebungen sichern. Praktiker:innen berichten wiederholt von hohen Fehlerquoten bei den gerichtlichen Haftanordnungen. Daten der Bundesländer, die diese Praxiserfahrungen be- oder widerlegen fehlen jedoch.
Die Studie begegnet diesem Datendefizit durch eine quantiative Inhaltsanalyse der Rechtsprechung des Bundesgerichtshofs. Die gewonnenn Daten geben Aufschluss über Häufigkeit und Ursachen rechtskräftig festgestellter Rechtswidrigkeiten. Auf dieser Grundlage identifiziert die Untersuchung strukturelle Problemlagen und entwickelt Ansatzpunkte zur Verbesserung der Rechtsanwendung und Rechtsdurchsetzung.

Eine rechtssoziologische Untersuchung der Anwendungspraxis in der Bundesrepublik Deutschland

Abschiebungshaft zwischen rechtsstaatlichem Anspruch und Wirklichkeit

Professional negligence cases are a minefield and clinical negligence cases are no exception.

Providing invaluable advice from the leading experts in the field for each stage in a claim for clinical negligence. 
Full analysis of the relevant governing procedures and principles is provided, plus issues of funding and costs, including complaints procedures and procedures in the Court of Protection, as well as the interplay with human rights and the role of expert witnesses.

The Eighth Edition ensures that practitioners maintain a progressive edge by providing useful precedents such as the latest model directions, instructions for experts and draft agendas for experts. It contains a new chapter on product liability and a separate Welsh chapter. 

It also includes coverage of the more than 250 reported cases concerning clinical negligence since the last edition. This includes:

2 in the Supreme Court
36 in the Court of Appeal - Civil Division
226 in the Queen's Bench Division
20+ in the county courts

These cases cover a wide range of subjects from causation and breach of duty through to specifics relating to life expectancy and wrongful birth.

An invaluable resource for all those involved in clinical negligence cases including personal injury and medical law solicitors, barristers and the judiciary. Medical doctors and legal advisors in NHS trusts will also find this a helpful guide.

"This is a first class book, which provides a scholarly account of clinical negligence law".
Journal of Professional Negligence (Review of a previous edition)

Lewis and Buchan: Clinical Negligence – A Practical Guide

"Any Will drafter should have this book in their arsenal." - Law Skills (of a previous edition) This book contains a comprehensive collection of precedents supplied as an electronic download, including a variety of precedents for individual clauses as well as a set of complete wills catering for different scenarios. The emphasis of the approach is on clarity, practicality and simplicity, so you can quickly draft legally sound wills for a variety of circumstances. The book includes notes and guidance on drafting, and additional materials, letters, support materials and extracts from relevant legislation. Recommended by the Institute of Professional Willwriters, Parker's Will Precedents is a well-established and highly regarded publication, renowned for its clarity of drafting. Parker's Will Precedents is also available as a standalone online service, available through Bloomsbury Professional Online.

Parker’s Will Precedents

Advanced Healthcare Practice

LEGAL ASPECTS OF MENTAL CAPACITY A Practical Guide for Health and Social Care Professionals SECOND EDITION Praise for the first edition: "Invaluable in negotiating the legal minefield that surrounds the complicated issue of mental capacity." Mental Health Practice "In Dimond's Legal Aspects of Mental Capacity, we find a well-crafted reference book that goes beyond mere presentation of the law and relevant regulations." Metapsychology The Mental Capacity Act (2005) regulates decision-making processes on behalf of adults who are unable to give informed consent due to a loss in mental capacity (be that from birth or due to an illness or injury at some point in their lives). Since the act's implementation, the new Court of Protection has been firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards. Thoroughly updated to take into account the many updates, developments, and changes in legislation and guidance, the new edition of Dimond's authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act and how it applies to their professional responsibilities. <ul><li>A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005 </li><li>Relevant for a wide range of practitioners and students within health and social care</li><li>Highly readable and easily accessible, even for those with no legal background </li><li>Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. </li></ul> Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students, patient services managers, and carers working with those who lack the capacity to make their own decisions.

A Practical Guide for Health and Social Care Professionals

Legal Aspects of Mental Capacity

This book is aimed for the benefit of legal practitioners who are inexperienced in dealing with mental capacity issues and providing a refresher for those with more experience. The first part of the book deals with legal theory, the second part offers practical guidance in assessing capacity and the appendices provide further resources and precedents.


Legal practitioners must be satisfied that their client has the requisite mental capacity to provide instructions and as such, it is an area of law that all practitioners must have some awareness of. For those who do not regularly deal with clients where capacity may be an issue, it can be a daunting prospect to know what steps to take. This book will hopefully provide practical solutions and confidence to practitioners in those situations.


ABOUT THE AUTHOR


Holly Chantler is an experienced older and vulnerable client solicitor with particular expertise in dealing with complex issues relating to mental capacity, financial abuse, powers of attorney, advance decisions and the Court of Protection (contentious and non-contentious matters). Holly holds a number of professional appointments and qualifications, including as a Court of Protection panel deputy, panel guardian and a director of national organisations Solicitors for the Elderly and the Professional Deputies Forum. She also sits on the Court of Protection Rules Committee and acts as a professional stakeholder for the Ministry of Justice, Office of the Public Guardian and Court of Protection.

A Practical Guide to Assessing Mental Capacity

Medical Law in Ireland

An Introduction to Health and Welfare Disputes involving High Net Worth Individuals

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