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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 government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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