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Community care law update

13 April 2008 / Ed Mitchell , Clive Lewis KC
Issue: 7268 / Categories: Features , Public , Community care
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Without notice applications, Deprivation of liberty, Local government ombudsman decisions, Mental Capacity Act 2005

PROTECTION OF VULNERABLE ADULTS

B Borough Council v S [2006] EWHC 2584 (Fam), [2006] All ER (D) 281 (Oct)

There is increasing awareness that the High Court can be used to authorise/validate actions taken by local authorities to protect vulnerable adults. This arises from what is termed the High Court’s inherent jurisdiction to declare that, under the common law doctrine of necessity, it would be lawful for an authority to enforce care arrangements for a vulnerable adult without the mental capacity to make valid care decisions. Before making any such declaration, and any associated injunction, the High Court must be satisfied that what is proposed is in the adult’s best interests.

Without notice application

These cases are often associated with care crises as a result of which local authorities wish to intervene without letting family members know their plans for fear they would be impeded. This leads authorities to apply to the High Court

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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