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Mental Capacity In England And Wales
In the Law of England and Wales, best interest decisions are decisions made on behalf of people who do not have mental capacity to make them for themselves at the time the decision needs to be taken. Someone who has the capacity to make a decision is said to be "capacitous". Since 2007, there has been a dedicated court with jurisdiction over mental capacity: the Court of Protection, although it mostly deals with adults. Most applications to make decisions on behalf of a child are still dealt with by the Family Court. In a medical emergency, the patient may be obviously incapable of making a decision because they are unconscious and treatment cannot be put off. In that case an attempt to give treatment will be lawful if the person giving the treatment believes it is in the patient's best interest. Where there is doubt about someone's capacity to make a decision but their capacity may improve later, the decision should be deferred if possible. People who experience delirium o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of England And Wales
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law ori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Power Of Attorney
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person authorizing the other to act is the ''principal'', ''grantor'', or ''donor'' (of the power). The one authorized to act is the ''agent'', attorney, or in some common law jurisdictions, the attorney-in-fact. Formerly, the term "power" referred to an instrument signed under seal while a "letter" was an instrument under hand, meaning that it was simply signed by the parties, but today a power of attorney does not need to be signed under seal. Some jurisdictions require that powers of attorney be notarized or witnessed, but others will enforce a power of attorney as long as it is signed by the grantor. Attorney-in-fact The term ''attorney-in-fact'' is used in many jurisdictions instead of the term ''agent''. That term should be distinguished from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister For Care
Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of government with the rank of a normal minister but who doesn't head a ministry ** Shadow minister, a member of a Shadow Cabinet of the opposition ** Minister (Austria) * Minister (diplomacy), the rank of diplomat directly below ambassador * Ministerialis, a member of a noble class in the Holy Roman Empire * ''The Minister'', a 2011 French-Belgian film directed by Pierre Schöller See also *Ministry (other) *Minster (other) Minster may refer to: * Minster (church), an honorific title given to particular churches in England Places England *Minster, Swale (or Minster-in-Sheppey), a town in Swale, Kent **Minster-on-Sea, the civil parish *Minster-in-Thanet, a village ... *'' Yes Minister'' {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Helen Whately
Helen Olivia Bicknell Whately (''née'' Lightwood; born 23 June 1976) is a British politician serving as Minister of State for Social Care since October 2022, and previously from 2020 to 2021. She also served as Exchequer Secretary to the Treasury from 2021 to 2022. A member of the Conservative Party, she has been Member of Parliament (MP) for Faversham and Mid Kent since 2015. Whately was appointed Deputy Chair of the Conservative Party by Theresa May in 2019, and was retained in the position by new Prime Minister Boris Johnson. She served as Parliamentary Under-Secretary of State for Arts, Heritage and Tourism from September 2019 to February 2020. In the 2020 cabinet reshuffle, Johnson moved her to the post of Minister of State for Social Care. Whately was the Social Care Minister during the COVID-19 pandemic in the United Kingdom. In the 2021 cabinet reshuffle, Johnson moved her to the post of Exchequer Secretary to the Treasury, serving under Chancellor Rishi Sunak. In Ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Health Act 2007
The Mental Health Act 2007 (c 12) is an Act of the Parliament of the United Kingdom. It amended the Mental Health Act 1983 and the Mental Capacity Act 2005. It applies to people residing in England and Wales. Most of the Act was implemented on 3 November 2008.Mental Health Act 2007: key documents from Department of Health website. accessed 14 November 2008 It introduced significant changes which included: * Introduction of , including Community Treatment Orders (CTOs). This new power replaces supervised discharge with a power to return the patient to hospital, where the person may be forcibl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
HL V United Kingdom
In the case ''HL v United Kingdom'' (45508/99) the European Court of Human Rights found that the informal admission to a psychiatric hospital of a compliant but incapacitated adult was in contravention of Article 5 of the European Convention on Human Rights. The court found that the distinction between actual and potential detention relied upon by the UK House of Lords in their ruling that HL had not been detained in '' R v Bournewood Community and Mental Health NHS Trust'' was not of central importance under Article 5. The European Court also held that the practice of informal admission of compliant but incapacitated adults who were ''de facto'' detained was not 'in accordance with a procedure described by law' and thus was not lawful under the Convention.''HL v. UK'' (2004) - App no 45508/99; 40 EHRR 761 The case resulted in major changes to the admission procedures for incapacitated adults to care homes and hospitals in the UK where they are, or may be, deprived of their libe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Bournewood Community And Mental Health NHS Trust
In ''R v Bournewood Community and Mental Health NHS Trust'' the House of Lords ruled that a man who had been admitted to a psychiatric hospital without capable consent had not been unlawfully detained under the common law. A later European Court of Human Rights ruling, however, found that the man had been unlawfully deprived of his liberty in the meaning of Article 5 of the European Convention on Human Rights. Facts HL was an adult male who was autistic and had profound learning disabilities. He had lived in Bournewood Hospital from the age of 13 for over thirty years. In 1994 he was discharged into the community to live in an adult foster placement with carers Mr and Mrs 'E'. On 22 July 1997 HL became agitated at a day centre he attended and was admitted to the Accident and Emergency Department at Bournewood Hospital under sedation. Due to the sedative, HL was compliant and did not resist admission, so doctors chose not to admit him using powers of detention under the Ment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Children Act 1989
The Children Act 1989 is a United Kingdom Act of Parliament which allocates duties to local authorities, courts, parents, and other agencies in the United Kingdom, to ensure children are safeguarded and their welfare is promoted. It centres on the idea that children are best cared for within their own families; however, it also makes provisions for instances when parents and families do not co-operate with statutory bodies. Passage The Children Bill was announced as part of the Queen's Speech on 22 November 1988 and formally introduced to the House of Lords the following day by the Lord Chancellor, Lord Mackay of Clashfern. The Bill was given its second reading in the Lords on 6 December, and was passed to the committee stage on 13 December. Committee debates were held on 19 and 20 December and 23 January 1989. It reached the report stage on 2 February, with debates on 6, 7 and 16 February. On 16 March the Bill was given its third reading in the Lords before being passed to the H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ian Fraser, Baron Fraser Of Tullybelton
Walter Ian Reid Fraser, Baron Fraser of Tullybelton, (3 February 1911 – 17 February 1989) was a British judge. Life and career Ian Fraser was born in Glasgow on 3 February 1911, the only child of Alexander Reid Fraser, a Glasgow fur merchant, and his wife Margaret Russell MacFarlane. He was educated at Sandroyd School, Repton School and later studied Philosophy, Politics and Economics at Balliol College, Oxford, graduating in 1932 with First Class Honours. He finished his studies at the University of Glasgow with a Bachelor of Laws in 1935. The following year he was admitted to the Scottish Faculty of Advocates, where he soon earned a reputation as an excellent jurist. At the same time he held a teaching post at the University of Glasgow and from 1948 at the University of Edinburgh. His 1936 work "Outline of Constitutional Law" (2nd edition 1948) was soon regarded as the standard work on British constitutional law. During the war he served first as a sergeant in an ant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Scarman
Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986. Early life and education Scarman was born in Streatham but grew up on the border of Sussex and Surrey. He won scholarships to Radley College and then Brasenose College, Oxford, where he read Classics, graduating in 1932 with a First. Legal career He was called to the bar at the Middle Temple in 1936. He remained briefless until World War II, which he spent in the Royal Air Force as a staff officer in England, North Africa, and then continental Europe. He was present with Arthur Tedder when Alfred Jodl surrendered at Reims. He was appointed an Officer of the Order of the British Empire (OBE) in 1944. He returned to law in 1945, practising from chambers at 2, Crown Office Row, known since the 1970s as Fountain Court Chambers, and in the late 1940s and early 1950s he started to build the chambers' reputation for commer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gillick V West Norfolk
The surname (Mc)Gillick is a patronymic adopted by a branch of the Burkes of Connacht, and originates from the Irish ''Mag Uilic'', meaning 'son of Ulick'. ''Mag'' is a form of '' Mac'' (son) used in old Irish names before vowels. William is ''Uilliam'' in Gaelic, and 'William the Younger' is ''Uilliam Og''. As time passed, Uilliam Og was contracted to Uilleog, anglicized Ulick, which literally means 'young William', but has also come to mean 'little William'. The name Ulick came into use amongst the Burkes in the 14th century, and was originally peculiar to this family. Gillick ancestor The Gillicks have as their eponymous ancestor, Ulick de Burgo of Umhall (confused by MacFirbis with Ulick de Burgo of Annaghkeen, a contemporary kinsman), and descend through his son, Henry MacUlick. The deaths of both are recorded in the ''Annals of Loch Cé'': 1343: Ulick son of Richard son of William Liath, the greatest of all the foreign (i.e. Anglo-Norman, not native Irish) youths in I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gillick Competent
Gillick competence is a term originating in England and Wales and is used in medical law to decide whether a child (a person under 16 years of age) is able to consent to their own medical treatment, without the need for parental permission or knowledge. The standard is based on the 1985 judicial decision of the House of Lords with respect to a case of the contraception advice given by an NHS doctor in ''Gillick v West Norfolk and Wisbech Area Health Authority''. The case is binding in England and Wales, and has been adopted to varying extents in Australia, Canada, and New Zealand. Similar provision is made in Scotland by the Age of Legal Capacity (Scotland) Act 1991. In Northern Ireland, although separate legislation applies, the then Department of Health and Social Services stated that there was no reason to suppose that the House of Lords' decision would not be followed by the Northern Ireland courts. The Gillick decision Gillick's case involved a health departmental circ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
