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05 August 2010 / Ed Mitchell
Issue: 7429 / Categories: Features , Public , Community care , Mental health
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Protecting the vulnerable

Ed Mitchell uncovers some serious flaws in the care of vulnerable adults

Concern is starting to be expressed at senior levels of the Court of Protection about the unilateral way in which some local authorities carry out their protection of vulnerable adults work. A recent decision of Baker J, sitting as a nominated judge of the Court of Protection, was highly critical of a local authority for removing a young man with severe learning disabilities from the home of his long-term carer and then failing to make any arrangements for contact between them for a number of months (G v E & Others [2010] EWHC 621 (Fam), [2010] All ER (D) 120 (Apr)). Neither of those actions was authorised by order of the Court of Protection, as they should have been, and the judge found “serious breaches” of the adult’s and carer’s rights to respect for their private and family lives under Art 8 of the European Convention on Human Rights (the Convention). The theme was developed by Munby LJ, speaking extra-judicially

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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