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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 Capacity (law), 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 High Court of Justice#Family Division, 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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. The judiciary is independent, and legal principles like fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements 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 Common law can be amended or repealed by Parliament ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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 ''agency (law), agent'', attorney, or in some common law jurisdictions, the attorney-in-fact. Formerly, the term "power" referred to an legal instrument, instrument signed under Seal (contract law), 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 Notary, 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 o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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 libert ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
R V Bournewood Community And Mental Health NHS Trust
In ''R v Bournewood Community and Mental Health NHS Trust'', the House of Lords ruled in 1998 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 unde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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 eldest child of Alexander Reid Fraser, a Glasgow fur merchant, and his wife Margaret Russell MacFarlane. On 23 November 1914, his sister Helen Cross Reid Fraser was born. Fraser 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 constit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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. He was described as an "outstanding judicial figure, entrusted with the most high-profile inquiries and marked by his integrity". 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 double 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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 Ire ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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 circula ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Police Child Protection Powers In England And Wales
In England and Wales, Police child protection powers concern the powers of the individual local police forces to intervene to safeguard children. These powers are governed by Section 46 of the Children Act 1989. Under this law, the police have the power to remove children to a safe location for up to 72 hours to protect them from "significant harm". Police do not require a court order to take such a step. Background Police powers to protect children were first brought into law in the Prevention of Cruelty to, and Protection of, Children Act 1989. This Act allowed the police to "take into custody without warrant" anyone who causes harm to children and take the child involved to a place of safety until the case is brought to court. Provisions In the UK, police are considered to be on the "front line" when dealing with social problems such as domestic violence. Section 46 of the Children Act 1989 gives them the power to remove children or prevent them from being exposed to dangerous ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Social Services And Wellbeing (Wales) Act 2014
Social organisms, including human(s), live collectively in interacting populations. This interaction is considered social whether they are aware of it or not, and whether the exchange is voluntary or not. Etymology The word "social" derives from the Latin word ''socii'' ("allies"). It is particularly derived from the Italian ''Socii'' states, historical allies of the Roman Republic (although they rebelled against Rome in the Social War of 91–87 BC). Social theorists In the view of Karl Marx,Morrison, Ken. ''Marx, Durkheim, Weber. Formations of modern social thought'' human beings are intrinsically, necessarily and by definition social beings who, beyond being "gregarious creatures", cannot survive and meet their needs other than through social co-operation and association. Their social characteristics are therefore to a large extent an objectively given fact, stamped on them from birth and affirmed by socialization processes; and, according to Marx, in producing and reproduci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Children Act 1989
The Children Act 1989 (c. 41) is an Act of Parliament of the United Kingdom that received royal assent on 16 November 1989 and came into substantial force across all three jurisdictions of the United Kingdom on 14 October 1991. In 1995, for the purposes of devolution, the Act was replaced by parallel legislation in Scotland and Northern Ireland. In 2016, Part III of the Act was replaced in Wales. The Act is described as the most substantial reforms to children's law of the 20th century. The Act 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Family Justice System Of England And Wales
The Family Justice System of England and Wales is a branch of the Courts of England and Wales that deals with disputes within families through family law. Disputes are resolved in the family magistrates court and in the Family Division of the High Court. The matters considered by the court include those arising from marriage, divorce, financial payments following divorce, protection from domestic abuse and the risk of domestic abuse, child custody matters, adoption cases, cases surrounding artificial insemination, and the medical treatment of children. Legislation creates some obligations of the state to children, disputes involving such matters are dealt with by public family law. In 2021, 265,308 cases entered the family court system. There were 38,528 domestic violence orders and 1,054 adoption applications. History Prior to the Guardianship of Infants Act 1925 in the case of divorce to married parents the father of a child was given custody over a child. The guardian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
