MH, a 32 year old suffering from Downs Syndrome, was admitted to detention under Section 2 in January 2003. MH’s nearest relative sought a Section 23 discharge but a barring Order pursuant to Section 25(1) was issued by MH’s RMO. The Section 2 detention was due to expire on 28th February 2003 but on 27th February 2003 an application was made under Section 29(3) to displace MH’s mother as nearest relative and appoint an acting nearest relative in her place.

Consent to medical treatment is probably the most significant principle underlying the law relating to treatment of psychiatric patients. To force medical treatment upon a patient is likely to contravene the prohibition against inhuman and degrading treatment under the Human Rights Act 1998.

recent High Court case has determined that a corporate tenant holding a long lease of a building can be a "qualifying tenant" under the Leasehold Reform, Housing and Urban Development Act 1993 ("the 1993 Act"), and able to exercise the right to acquire new leases of the individual flats within the building.

All care home providers will have Contracts under which residents’ care is provided, either in specific individually tailored contracts or by incorporating standard Terms and Conditions. Indeed, the Care Standards Legislation requires this.

The Chancellor's Budget 2021 (3 March) was somewhat less dramatic than the expected increase in capital taxes. There was however no reprieve for the proposed weighty surcharge additions

The Data Protection Act has given rise to a number of problems. Quite apart from interpretation problems raised by Humberside Police in connection with the Soham murders, HR professionals have had the problem of deciding how much personal information should be disclosed under the Act. The Act appeared to impose significant obligations on the employer, but as Sejal Raja explains, as a result of a recent case the burdens have been eased.

The Home Office and Department for Exiting the European Union issued a technical note today.

With healthcare facing increasing regulation, occasions where staff are suspended while investigations or prosecutions are underway are increasing. However this raises the question of whether the employee’s employment contract comes to an end or can be ended because they are unable to work (legally called ‘frustration’).This article deals with the frustration of such a contract.

A patient’s right to confidentiality of his medical records is well known. It is equally well known that journalists will invariably refuse to disclose the source of their information.

Earlier articles mention the background and principles behind Modern Slavery legislation.

Difficulties often arise, particularly in the case of those with learning disabilities, when it is felt that detention under the Mental Health Act is not entirely necessary. However detention in hospital is felt to be more appropriate than the facilities available in the community.

Last year we reported a Court of Appeal decision restricting the use of Section 63 significantly. The Court of Appeal held that on a careful consideration of the wording of Section 63, it could be used only to authorise treatment of a patient’s <U>classified</U> mental disorder rather than any other mental disorder.

On 12 March 2021, Her Majesty's Government issued updated guidance on the annual requirement, under Section 54 of the Modern Slavery Act 2015...

The Land Registration Act 2002 ("the Act") came into force on 13 October 2003.

Assessment of care needs continues to be a difficult area. In addition to the obvious care issues, it also impacts on funding.

When the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 came into force on June 2004, the provisions of the Landlord and Tenant Act 1954 relating to interim rent changed. This article relates to a summary of the changes relating to interim rent.

As a result of several high profile cases relating to "rogue" healthcare professionals (eg Shipman), the regulatory functions of the bodies responsible for professional competence of doctors and nurses and other healthcare professionals have taken on greater significance and publicity.

The Mental Health Act 1983 provides for a Guardianship Order to be made if an individual is suffering from mental disorder (as defined in the Act) and it is necessary in the interests of the welfare of the individual or the protection of others that this is done.

It is now more than 18 months since the provisions of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 came into effect to amend the Landlord and Tenant Act 1954. The reforms have been well received and are widely considered to have improved fairness and ended tactical use of the statutory provisions by landlords and tenants alike.