This website is intended for healthcare professionals
This website is intended for healthcare professionals
Senior Lecturer in Health Law at Swansea University, considers the duties of certificate providers and sets out guidance for nurses who might undertake the role
The Mental Capacity Act 2005 does not define a best interest. Instead, it sets out a checklist of factors that have to be taken into account when determining the best interests of a person who lacks...
‘… whether, in the circumstances, a reasonable person in the patient's position would be likely to attach significance to the risk, or the [nurse] was or should reasonably be aware that the...
‘For the purposes of this Part, a person consents if he agrees by choice, and has the freedom and capacity to make that choice.’ .
The Law Commission (1995) defined an advance decision refusing treatment as:.
The United Nations Convention on Children's Rights defines a minor as any person under the age of 18 years. It requires that childhood is recognised as a developmental period and that our domestic...
Article 8 of the ECHR is an example of a qualified human right. It begins by asserting in Article 8(1) that:.
‘Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: (e) the lawful...
‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment.’ .
‘Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which...
Following the Second World War the European Convention on Fundamental Rights and Freedoms (1950) (the Convention) was created by the Council of Europe to formalise the relationship between individuals...
The Nursing and Midwifery Council Code (2018), standard 4, requires nurses to act in the best interests of people at all times. This includes balancing the need to act in the best interests with the...
‘To live independently and participate fully in all aspects of life … [including] access, on an equal basis with others, … to information and communications, including information and communications...
The European Court of Human Rights requires that nurses consider three elements when determining whether a person is being deprived of their liberty:.
Under the Mental Health Act 1983, people detained for assessment and/or treatment are allocated a nearest relative. This includes people subject to unrestricted hospital orders, hospital directions...
The organisational duty of candour is imposed on healthcare providers in England under the provisions of the Health and Social Care Act 2008 and the Health and Social Care Act 2008 (Regulated...
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