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The Francis Report into failures of care at Mid Staffordshire NHS Foundation Trust Hospital documented a series of 'shocking' systematic failings in healthcare that left patients routinely neglected, humiliated and in pain as the Trust focused on cutting costs and hitting government targets. At present, the criminal law in England plays a limited role in(More)
Both the Mental Health Act 1983 and the Mental Capacity Act 2005 authorise the treatment and detention of the mentally ill. Their interface is often clear cut. After all, the 1983 Act formally sanctions and safeguards compulsion where it is necessary to protect patients or others. Individuals can only be detained for psychiatric, not physical, health(More)
This article argues that, properly analysed, the common law and the European Convention on Human Rights (ECHR) march hand in hand with the provisions of the Mental Capacity Act 2005 (MCA 2005) so as to impose a set of requirements on litigation friends acting for the subject of applications of proceedings before the Court of Protection ('P') which are very(More)
In 2004, Mrs Carol Savage was one of 165 who took their own life whilst receiving treatment as a psychiatric in-patient. With the trial yet to take place, few facts are presently known. The day after voluntarily attending Runwell Hospital, she was detained for treatment under section 3 of the Mental Health Act 1983 (‘the 1983 Act’) with a diagnosis of(More)
  • Neil Allen
  • International journal of law and psychiatry
  • 2013
This paper considers when the State must take positive steps to protect the right to life of a suicidal patient. Using recent developments across the Council of Europe which challenge the traditional 'ugly Samaritan' approach of many common law systems, it contends that whenever and wherever public authorities know or ought to know of a real and immediate(More)
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