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Yogi Amin

Understanding the Terminally Ill Adults (End of Life) Bill

The Terminally Ill Adults (End of Life) Bill is a significant piece of legislation which has gone through a detailed and transparent...

23/06/25
Elizabeth Ridley

What are the key law changes that need to be upheld when transferring people from NHS hospital to local authority social care

Current legislation and guidance highlight a duty for the NHS and local authorities to collaborate with each other, particularly when it...

11/04/25
Elizabeth Ridley

Is the information sharing approach within the mental health services leading to the deterioration in health and/ or death of patients?

During my Court of Protection and public law experience, I've seen several cases where a patient has been acutely mentally unwell,...

29/08/24
Fiona McGhie

Deprivation of liberty: Review of Surrey Police v PC &Ors and using a police station as a place of safety

The recent case of Surrey Police v PC & Ors [2024] EWHC 1274 (Fam) 24 May 2024 highlighted issues with a police station being a place of...

30/07/24
Gemma Eason

The European Court of Human Rights Refines Rule 39 on Interim Measures

With effect from 28 March, 2024, The European Court of Human Rights has updated its Rule of Court, specifically Rule 39 in relation to...

26/06/24
Elizabeth Ridley

Is the lack of cohesion between the Mental Capacity Act and the Mental Health Act keeping patients in hospital and not in the community?

Is the lack of cohesion between the Mental Capacity Act 2005 and the Mental Health Act 1983 dangerous for patients? This is an important...

29/05/24
Gemma Eason

New legal rights allowing families to visit people in care homes, hospitals and hospices to come into effect

As of the 6 April, 2024, service providers which carry out regulated activities will be required to facilitate visits for service users...

05/04/24
Gemma Eason

Statutory inpatient mental health care guidance aims to speed up discharge process and help those who are autistic and/or have a learning disability

Guidance has been published under section 82 National Health Service Act 2006 which hopes to provide greater clarity to NHS bodies and...

20/03/24
Gemma Eason

What's in the best interests of a person with learning disabilities and lacking mental capacity when planning foreign travel?

The recent Court of Appeal case of J (by his Litigation Friend, the Official Solicitor) v Luton Borough Council [2024] EWCA Civ 3...

01/03/24
Gemma Eason

What's ‘ordinarily resident’ for the purposes of Section 117 aftercare services and when does the duty arise?

In the case of R (on the application of Worcestershire County Council) (Appellant) v Secretary of State for Health and Social Care...

24/01/24
Angela Jackman KC Hon

The Down Syndrome Act 2022

The Down Syndrome Act 2022 (the Act) was passed on 28 April 2022. To set the Act in context, it is specified at the outset that its...

21/03/23
Angela Jackman KC Hon

Use of restraint in schools: It's time for change to address shortcomings in safeguarding and accountability

The use of restraint against children in schools is understandably highly emotive and raises crucial issues regarding protection of their...

07/03/23
Irwin Mitchell

SEND and AP Improvement Plan: Right Support, Right Place, Right Time

The Special Educational Needs and Disabilities (SEND) and Alternative Provision (AP) Improvement Plan was published on 2nd March 2023 and...

07/03/23
Liz Davis

Mum's campaign for autistic son to undergo life-saving kidney transplant highlights medical treatment issues those with learning disabilities can face

We represented Amy McLennan in Court of Protection proceedings relating to her son, William Verden.  William is 18-years-old has been...

16/02/23
Josephine Davies-Warner

Cuts to individual care packages - what's a lawful and what's an unlawful assessment?

With the Government’s recent announcement of further public spending cuts, anybody receiving social care or working in the care sector...

09/02/23
Katie Wilkins

Mental health law reform: The Joint Committee’s report and what this could mean for individuals who are autistic or who have a learning disability

The Mental Health Act 1983 (MHA) is in need of reform.  In 2018, there was an independent review of the MHA which examined the...

31/01/23
Lucy Clement

Fluctuating capacity and navigating the complex process to ensure person-centred care

Fluctuating capacity is an area that many practitioners find difficult and it's also an issue that the Court of Protection continues to...

24/11/22
David Withers

Is the 46-year-old Fatal Accidents Act 1976 in need of reform?

There has been growing political pressure to revisit the bereavement award in fatal accident and illness cases. There are two principal...

06/09/22
Yogi Amin

The Bill of Rights: What it means for human rights cases and what may change

On 22 June, the Bill of Rights Bill had its first reading before Parliament.  Since it was first hinted at in 2013, promises of altering...

08/07/22
Mathieu Culverhouse

Assessing a person's capacity to engage in sexual relations

In A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (Appellant) (supremecourt.uk) the Supreme Court...

01/07/22
Alexander Davenport

Human Rights Act Reform: “A gilded cage is still a cage” - why Cheshire West needs to be defended

By Mathieu Culverhouse and Breagha Hayes, public law and human rights experts at Irwin Mitchell In its Human Rights Act Reform: A Modern...

03/03/22
Alexander Davenport

Deprivation of Liberty: The implications of improper practice on the validity of a standard authorisation

By Stephen Cardinal and Alexandra Boynton, public law experts at Irwin Mitchell Judgment was handed down in May 2021 by Her Honour Judge...

23/02/22
Alexander Davenport

Advance Decision documents for medical treatment – when are they legally valid?

Legal update – refusal of blood transfusion case Medical treatment and religious beliefs are often at odds with one another, with certain...

19/01/22
Alexander Davenport

Court of Appeal rules on lawfulness of carers assisting clients to visit sex workers

by Helen Smith and Josephine Davies-Warner, lawyers in our public law and human rights team The Court of Appeal has overturned a Court of...

13/01/22
Yogi Amin

The Inquiry into the Sustainability and Recovery of the Legal Aid Sector

by Oliver Carter, a human rights solicitor and Eliza Bell, a paralegal at Irwin Mitchell On 19 October 2021, the Westminster Commission...

05/11/21