DESCRIBE AND ANALYSE THE HUMAN RIGHTS BREACHES

Essay Structure
Introduce your topic- what are you going to write about.
Introduce the case and how the essay will be structured.
Main Part – Pick about 4 breaches describe and analyse them.
Also look at the dilemmas faced by both service users and policy makers.
Conclude/summarise your key arguments and do not introduce anything new here.
Note-
Read both judgements BBC and Guardian reporting of the case.
Look up Family Law Week and Access Mind, Mental Health Foundation.
https://www.familylawweek.co.uk/site.aspx?i=ed123247 (Note points 45 and 48 are very interesting, so too is the speed at which events unfolded)
Assignment task-
Based upon the Alessandra Pacchieri case, looking at the actions taken by the Health Trust and the Local Authority:
“Describe and analyse the Human Rights breaches in this case “
(You will need to Identify what legislation and policy exists to protect vulnerable)
Cover the areas below-
Mental Health Act
1983- In particular Section 3- relevance to this case
Discuss – the Spirit of the Mental Health Act, 1983
Identify literature relating to contemporary application of the MHA such as the Rabone case (Implicit coercion, or even explicit).
Human Rights Act
Right to respect to Private and family.
Right to a fair trial
Right to liberty
Potential breaches for the child
Consider the potential breaches for the child not just the mother
You may also wish to look at breaches to the child’s human rights – Were there any breaches? and What was child P deprived of?

Also look at other Aspects such as-
Care Act, 2014 which replaced No Secrets guidance.
Prior to the Care Act, 2014 the No Secrets set out guidance on the protection of Vulnerable Adults.
Mental Capacity Act, 2005.
Also consider-
The Role of John Hemming MP
Sir James Munby’s comments about the reporting of the case within the media.
Does the public have a right to know the full details of this case?
Sir James Munby’s comments about the transparency of the C.O.P.

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