Physical Health in UK Law

Leading Cases
  • Griffiths v The Secretary of State and Another
    • Court of Appeal (Civil Division)
    • 10 December 2015

    Who were the "others to whom that reason does not or would not apply"? This had been considered in detail by Mummery LJ giving judgment in the Court of Appeal in Clark v Novacold [1999] ICR 95. In the context of Malcolm the first approach would require the comparison with an able bodied man who had sub-let, and the second with someone who had not sublet.

  • R (Burke) v General Medical Council
    • Court of Appeal (Civil Division)
    • 28 July 2005

    There are great dangers in a court grappling with issues such as those that Munby J has addressed when these are divorced from a factual context that requires their determination. The danger is that the court will enunciate propositions of principle without full appreciation of the implications that these will have in practice, throwing into confusion those who feel obliged to attempt to apply those principles in practice.

  • R v Gloucestershire County Council and Another, ex parte Barry ; Same v Same
    • House of Lords
    • 20 March 1997

    The right given to the person by section 2(1) of the Chronically Sick and Disabled Persons Act 1970 was a right to have the arrangements made which the local authority was satisfied were necessary to meet his needs. The duty only arises if or when the local authority is so satisfied. But when it does arise then it is clear that a shortage of resources will not excuse a failure in the performance of the duty.

  • Cameron Mathieson, a deceased child (by his father Craig Mathieson) v Secretary of State for Work and Pensions
    • Supreme Court
    • 08 July 2015

    Decisions both in our courts and in the ECtHR therefore combine to lead me to the confident conclusion that, as a severely disabled child in need of lengthy in-patient hospital treatment, Cameron had a status falling within the grounds of discrimination prohibited by article 14. Why should discrimination (if such it be) between disabled persons with different needs engage article 14 any less than discrimination between a disabled person and an able-bodied person?

  • Jewish Blind Society Trustees v Henning
    • Court of Appeal
    • 10 November 1960

    Proceeding to the other paragraphs: "or (b) of any structure belonging to a local health authority, or to a voluntary organisation formed for any of the purposes mentioned in sub-section (1) of section twenty-eight of the National Health Service Act, 1946 (which relates to the prevention of illness, and to the care and after-care of persons suffering from illness or mental defectiveness), and supplied for the use of any person in pursuance of arrangements made under that sub-section; or (c) of any structure belonging to a local authority, within the meaning of section twenty-nine of the National Assistance Act, 1948 (which relates to welfare arrangements for blind, deaf, dumb and other handicapped persons), or to such a voluntary organisation as is mentioned in Section 30 of that Act, and supplied for the use of any person in pursuance of arrangements made under the said section twenty-nine; or, (d) of any structure which is of a kind similar to structures such as are referred to in paragraph (a), paragraph (b) or paragraph (c) of this sub-section, but does not fall within that paragraph by reason that it is owned or has been supplied otherwise than as mentioned in that paragraph".

  • Sheffield CC v S
    • Family Division
    • 05 November 2002

    I am not saying that there is in law any presumption that mentally incapacitated adults are better off with their families: often they will be; sometimes they will not be.

  • Chief Adjudication Officer v Foster
    • House of Lords
    • 28 January 1993

    My conclusion is that the Commissioners have undoubted jurisdiction to determine any challenge to the vires of a provision in regulations made by the Secretary of State as being beyond the scope of the enabling power whenever it is necessary to do so in determining whether a decision under appeal was erroneous in point of law.

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  • Regulation and Inspection of Social Care (Wales) Act 2016
    • Wales
    • January 01, 2016
    ... ... (a) "care" means care relating to- ... (i) the day to day physical tasks and needs of the person cared for (for example, eating and washing), ... (a) physical or mental health, or ... (b) physical, intellectual, emotional, social or behavioural ... ...
  • Domestic Abuse Act 2021
    • UK Non-devolved
    • January 01, 2021
    ... ... is “abusive” if it consists of any of the following—(a) physical or sexual abuse;(b) violent or threatening behaviour;(c) controlling or ... interests of persons who provide, or have functions relating to, health care services in England;(d) at least one person appearing to the ... ...
  • Modern Slavery Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... a child, the person's family relationships, and any mental or physical illness) which may make the person more vulnerable than other persons;(b) ... the court makes an order under—(a) section 37(3) of the Mental Health Act 1983,(b) section 58(3) of the Criminal Procedure (Scotland) Act 1995, ... ...
  • Social Services and Well-being (Wales) Act 2014
    • Wales
    • January 01, 2014
    ... ... assessment by local authorities of children who are accommodated by health authorities or education authorities or in care homes or independent ... , means well-being in relation to any of the following—(a) physical and mental health and emotional well-being;(b) protection from abuse and ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • World Mental Health Day- A Time To Pause And Consider Mental And Physical Wellbeing In The Workplace
    • Mondaq UK
  • Next steps in tackling mental ill health in the workplace
    • JD Supra United Kingdom
    One in four people experience a mental health problem, yet as a society and perhaps particularly in the workplace we are often afraid of discussing the topic. Employers should be encouraged to talk...
    ... ... Employers should be encouraged to talk about mental health in the same way as we do physical health and develop a workplace culture of openness ... In January 2017 the Prime Minster tasked Paul Farmer (Mind Chief Executive) and Dennis ... ...
  • Employee Wellbeing Programmes (UK)
    • LexBlog United Kingdom
    With a clear link between increased employee wellbeing (both in terms of physical and mental health) and reduced sickness absence, many employers may use renewed New Year ambitions to adopt or prom...
  • Quick Q&A: Handling Holiday During COVID-19
    • JD Supra United Kingdom
    As employees settle into working from home, it is important for employers to consider their approach to annual leave while the COVID-19 crisis is ongoing. Regular rest breaks help to ensure the phy...
    ... ... Regular rest breaks help to ensure the physical and mental wellbeing of employees during a stressful period with l work, health and family pressures. It is also important from a business continuity ... ...
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  • Notice of Application for Direction for Succession Tenancy on Retirement
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to agricultural lands and drainage, including notices of application.
    ... ...   ...   ...   ... Physical health ( please summarise below ): ...   ...   ... ... ...
  • Notice of Application for Direction for Succession Tenancy on Death
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to agricultural lands and drainage, including notices of application.
    ... ...   ...   ...   ... Physical health ( please summarise below ): ...   ...   ... ... ...
  • Provide supplemental information when making or responding to allegations of harm and domestic violence
    • HM Courts & Tribunals Service court and tribunal forms
    Standard directions forms under the Children Act.
    ... ... of threatening behaviour, violence or abuse (psychological, physical, ... sexual, fnancial or emotional) between adults who are or have been ... “Harm” means ill treatment or damage to health and development, including, for example, damage sufered from ... seeing or ... ...
  • Form PA8A
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application.
    ... ... Do you have any physical or mental health conditions or illnesses ... lasting or expected to last ... ...
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