According to the OS, there had been “a disagreement between the parties” about whether or not the court ought to make that order in the first place (the ICB wanted instead to focus only on whether and how improvements could be made to JH’s current home) – so it rather looks as though the ICB has simply failed to comply with an order they don’t like.
Category Archives: Deprivation of Liberty
Abstract argument: The Attorney General for Northern Ireland’s Reference to the Supreme Court
Many of the hypothetical arguments and postulated facts raised at the hearing concerned not the issue of consent on which the Attorney General sought guidance, but the wider issue of whether Cheshire West was correctly decided viz. the “acid test”. That question was raised late in the day by the Secretary of State for Health and Social Care who does not have standing to refer cases directly to the Supreme Court himself…
When open justice undermines public confidence: Scrutinising the Supreme Court
Justice is not a cloistered virtue; she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men
