The case of R (on the application of Pinnington) v Chief Constable of Thames Valley Police [2008] EWHC 1870 (Admin). The Claimant, a teacher, applied for judicial review of the Chief Constable of Thames Valley Police’s decision to disclose details of unproven allegations made against him in an enhanced criminal record certificate pursuant to section 115 of the Police Act 1997.

Deprivation of liberty without lawful justification is prohibited under Article 5 of the European Convention on Human Rights (ECHR) which is incorporated into UK law through the Human Rights Act 1998. Liberty can be deprived not just by physical confinement, but also by other restrictions, such as on a person’s freedom of movement. The circumstances in which a finding of deprivation could be made are varied, making the area potentially complex.

A claimant wishing to finance an application for judicial review either has to pay privately or apply to the Legal Services Commission (LSC) for funding. LSC funding is difficult to obtain and as the financial threshold is low, most potential claimants would find themselves ineligible for full public funding.

Guidance on being methodical when considering whether or not a piece of information is personal data.

The newsletter includes articles that will be of interest to those in the Health sector covering such topics as Mental Capacity, the Equality Bill and the Freedom of Information Act 2000 (FOIA) and more.

The National Assembly for Wales Order 2008 was approved in Assembly plenary on Tuesday 15th July. If the Order becomes law, the Assembly will be able to pass Assembly Measures equivalent to Acts of Parliament in the fields of social welfare and education which could help Wales’ most disadvantaged children.

A recent case gives an insight into the approach being taken by the Court to the assessment of ‘best interests’.

Two case studies on doctors

In the European Union, citizens studying or travelling in a Member State other than their home country can obtain medical treatment and be reimbursed thanks to a co-operation agreement between all of the EU's social security systems. Those who cannot get the healthcare they are entitled to in their own country within a reasonable time can also rely on this agreement.

Two recent decisions have provided useful insights into the law relating to the rights of non-residents to medical treatment, albeit in different contexts. These are explored below.

The following is an edited extract from the 11th edition of the Mental Health Act Manual.

The recent case of Saulle v Nouvet [2007] EWHC 2902 (Judge Edis QC presiding) has provided useful clarification of the approach to capacity in civil litigation, with an indication that the statutory definition in the Mental Capacity Act (‘MCA’) 2005 is to be preferred.

Questions to ask when requesting personal information about someone who may lack capacity.

A brief guide to the range of health and safety services offered by our Regulatory team.

A major legal change in decision making for persons without capacity arises from the Mental Capacity Act 2005 (“the Act”)

The proposed LCO aims to confer further legislative competency on the National Assembly for Wales (“the Assembly”) in the field of Health and Health Services1 so that an Assembly Measure can be brought forward in relation to Mental Health Services.

The Corporate Manslaughter and Corporate Homicide Act 2007 ("the Act") will come into force on 6 April 2008 and the Ministry of Justice will issue further guidance for organisations affected by the Act in the Autumn. Claire Rawle of Morgan Cole’s Regulatory team looks ahead to the changes.

Publication schemes, in the form of detailed lists and sub lists of categories of information that can be accessed on request have come to be seen as old fashioned, irrelevant and unhelpful.

The Council for Healthcare Regulatory Excellence (CHRE), previously known as the Council for the Regulation of Healthcare Professionals (CRHP), was established in 2003. Its specific remit is the promotion of best practice and consistency in the regulation of healthcare professionals by the nine health professional regulatory bodies.

Since the first NHS Trusts were created in the 1990`s, Trust officers who are called upon to project manage any re-configuration exercise have become well versed in the legal requirements.