Vulnerability, ‘significantly’ and equality duties – Nearly Legal

Posted September 26th, 2016 in disabled persons, equality, housing, local government, mental health, news by sally

‘This was another in a number of county court judgments on section 204 Housing Act 1996 appeals which turned on the question of vulnerability after the Supreme Court decision in Hotak. In this appeal, the particular issues were whether the Public Sector Equality Duty (PSED) had been complied with, and then the approach to ‘significantly more vulnerable’.’

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Nearly Legal, 25th September 2016

Source: www.nearlylegal.co.uk

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A compendium of vulnerability cases – Nearly Legal

‘Following on from our post on Mohammed v Southwark LBC, here are notes on a further three appeals to the County Court under section 204 Housing Act 1996, all related to decisions on priority need (or lack of it) through vulnerability.’

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Nearly Legal, 12th September 2016

Source: www.nearlylegal.co.uk

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Disability hate crime convictions surge by 40 per cent – The Independent

Posted September 9th, 2016 in disabled persons, hate crime, news, prosecutions, statistics by tracey

‘Prosecutions for disability hate crimes surged by more than 40 per cent last year compared to the year before, official figures show. The Attorney General’s Office released statistics showing that the Crown Prosecution Service completed 941 prosecutions for such crimes in 2015/16 compared to 666 in the previous year. Convictions were also up by a similar rate, from 503 to 707, also around a 40 per cent increase.’

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The Independent, 8th September 2016

Source: www.independent.co.uk

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EAT: ‘reasonable adjustments’ can in principle include protected pay – OUT-LAW.com

Posted September 5th, 2016 in disabled persons, employment, equality, news, remuneration by sally

‘The duty to make reasonable adjustments (RAs) to enable an employee who is disabled for the purposes of the 2010 Equality Act can in principle include continuing to pay a higher salary when that employee is moved to a lower grade role, the Employment Appeal Tribunal (EAT) has ruled.’

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OUT-LAW.com, 2nd September 2016

Source: www.out-law.com

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Mother is spared jail as judge says looking after her five-year-old daughter left paralysed by crash is ‘a greater punishment than any court could impose’ – Daily Telegraph

‘A mother who killed a great-gradmother and left her own five-year-old daughter paralysed in a head-on horror crash has escaped jail.’

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Daily Telegraph, 27th August 2016

Source: www.telegraph.co.uk

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Woman gets £2m over near-drowning in school swimming lesson – The Guardian

‘A woman who won a judgment against her local authority after she nearly drowned during a school swimming lesson 16 years ago has been awarded £2m in compensation.’

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The Guardian, 21st August 2016

Source: www.guardian.co.uk

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Council agrees to re-house disabled woman after Ombudsman investigation – Local Government Lawyer

Posted August 19th, 2016 in disabled persons, housing, local government, news by tracey

‘A London borough has agreed to re-house a disabled woman and her family after errors were made in processing her housing application.’

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Local Government Lawyer, 18th August 2016

Source: www.localgovernmentlawyer.co.uk

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Councillor wins battle with parish over failure to provide reading aid – Local Government Lawyer

‘A parish council discriminated against a councillor with visual impairment by failing to provide him with reading aids to carry out his duties. That finding has come following six employment tribunal hearings in Bedford and Huntingdon between November 2015 and May 2016 concerning former Brixworth parish councillor Stephen Pointer.’

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Local Government Lawyer, 3rd August 2016

Source: www.localgovernmentlawyer.co.uk

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Loose Women cleared over Katie Price’s son swearing – BBC News

Posted August 2nd, 2016 in codes of practice, disabled persons, media, news, obscenity by tracey

‘Loose Women has been cleared by Ofcom over an incident which saw Katie Price’s disabled son, Harvey, swear live on air.’

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BBC News, 1st August 2016

Source: www.bbc.co.uk

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Hate crime guidance for prosecutors to deal with social media – Law Society’s Gazette

‘Social media communications will be the subject of new guidance issued to prosecutors as part of the government’s action plan to tackle hate crime following an increase in the number of incidents.’

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Law Society’s Gazette, 26th July 2016

Source: www.lawgazette.co.uk

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A part of inclusion? Disabled people and the right to a fair hearing – Cloisters

‘John Horan considers two recent cases that highlighted particular difficulties that disabled people face in obtaining a fair hearing before the courts. Both cases (Rackham v NHS Professionals Ltd and Galo v Bombardier Aerospace UK) provide a common-sense framework of considerations which a court or tribunal must bear in mind. The second, Galo, identifies the need for better training for judges and legal practitioners in Northern Ireland as to the requirements of disabled people.’

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Cloisters, 19th July 2016

Source: www.cloisters.com

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Criminal injuries compensation – Law Society’s Gazette

‘The courts have tackled the issue of compensation for criminal injuries inflicted before birth.’

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Law Society’s Gazette, 25th July 2016

Source: www.lawgazette.co.uk

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Severely disabled baby should be allowed to die, judge rules – The Guardian

Posted July 25th, 2016 in children, disabled persons, medical treatment, news by sally

‘A severely disabled baby who has been on a ventilator since he was 18 minutes old should be allowed to die, a high court judge has ruled.’

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The Guardian, 22nd July 2016

Source: www.guardian.co.uk

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Barristers still face flexible working penalty – The Bar Council

‘The Bar Council has launched a new flexible working guide for chambers, which includes proposals for possible rent reductions for those barristers seeking to work reduced hours or away from chambers because of care responsibilities.’

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The Bar Council, 19th July 2016

Source: www.barcouncil.org.uk

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Disabled people ‘treated like second-class citizens’ – watchdog – BBC News

Posted July 20th, 2016 in disability discrimination, disabled persons, equality, news by tracey

‘People with disabilities are being treated like second class citizens, the UK’s equality watchdog has said.’

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BBC News, 19th July 2016

Source: www.bbc.co.uk

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Prosecutions for hate crimes against disabled people surge by more than 40 per cent in a year – Daily Telegraph

‘The number of prosecutions for hate crimes against disabled people has surged by 41.3 per cent in the last year.’

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Daily Telegraph, 13th July 2016

Source: www.telegraph.co.uk

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And There Lurks the Minotaur: The Interrelationship Between the Inherent Jurisdiction and Section 25, CA 1989: Part II – Family Law Week

‘Alex Laing, barrister of Coram Chambers, considers further the interrelationship of secure accommodation and the inherent jurisdiction and the principles which should govern its use.’

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Family Law Week, 8th July 2016

Source: www.familylawweek.co.uk

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The Disabled Child: State Provision of Care & Education, and the Implications for a Civil Claim – Byrom Street Chambers

‘This paper seeks to outline:
a. Local Authority (“LA”) obligations to provide care or other services to children under the Children Act 1989 and the Chronically Sick and Disabled Persons Act 1970
b. LA obligations under the Children and Families Act 2014 in relation to special educational needs and disability.’

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Byrom Street Chambers, 14th June 2016

Source: www.byromstreet.com

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Parents with disabilities – Park Square Barristers

‘It is entirely common for care proceedings to involve parents with learning disabilities or difficulties. This case is essential reading for all practitioners involved in such cases. It sets out the expectations on the state (inevitably through a local authority) to provide support to such parents in caring for their children.’

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Park Square Barristers, 23rd June 2016

Source: www.parksquarebarristers.co.uk

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Agoraphobic can be sedated and taken from home to undergo eye surgery, judge rules – Daily Telegraph

‘An agoraphobic woman can be sedated and taken from the home she has hardly left for many years so doctors can perform an eye operation, a judge has ruled.’

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Daily Telegraph, 7th July 2016

Source: www.telegraph.co.uk

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