Bedroom tax and human rights FTT miscellany – NearlyLegal

Posted August 26th, 2014 in appeals, benefits, disabled persons, human rights, news, social security, tribunals by tracey

‘No less than four FTT bedroom tax appeal decision have come my way lately. Three of them concern successful appeals on human rights Article 14 discrimination or Article 8 family life grounds. One is a clear room size decision with an interesting footnote on tenancy agreements.’

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NearlyLegal, 24th August 2014

Source: www.nearlylegal.co.uk

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Understanding Serious Brain Injury – No. 5 Chambers

Posted August 7th, 2014 in accidents, disabled persons, news, personal injuries, rehabilitation by sally

‘At any time, as those who have suffered a serious injury to the brain or have been close to someone who has will know, your life can be turned upside down in less than a fated second. The first news of a serious traumatic event is shocking, thoughts often turn to simply holding onto life and then anxiety over the serious permanent disability which may follow; in the mind of those involved it is very much the physical disabilities which are at the forefront.’

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No. 5 Chambers, 16th July 2014

Source: www.no5.com

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Dewsbury couple win spare bedroom housing benefit fight – BBC News

Posted August 7th, 2014 in benefits, disabled persons, housing, news by sally

‘A couple from West Yorkshire who went to court to challenge a cut to their housing benefit have won their case.’

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BBC News, 7th August 2014

Source: www.bbc.co.uk

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Family loses fight to keep autistic daughter in Swansea – BBC News

Posted August 4th, 2014 in autism, care homes, disabled persons, families, news by sally

‘A Swansea family has lost its bid to prevent a health board moving their autistic daughter to a specialist unit in Brighton.’

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BBC News, 1st August 2014

Source: www.bbc.co.uk

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Kanu v Southwark London Borough Council – WLR Daily

Posted July 31st, 2014 in appeals, disabled persons, equality, homelessness, law reports, local government by michael

Kanu v Southwark London Borough Council [2014] EWCA Civ 1085;  [2014] WLR (D) 344

‘Where an applicant with a disability sought housing assistance as homeless, section 149(1) of the Equality Act 2010 did not require a housing authority to do any more than was required by the Housing Act 1996. The public sector equality duty in section 149 of the 2010 Act could not extend to requiring a housing authority to secure accommodation for a disabled person in circumstances where his disability did not render him vulnerable.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

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Another “Bedroom Tax” Challenge Fails – UK Human Rights Blog

‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’

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UK Human Rights Blog, 4th July 2014

Source: www.ukhumanrightsblog.com

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The issue of assisted suicide – are changes on the horizon? – Halsbury’s Law Exchange

‘The Supreme Court considered two appeals together, concerning three appellants who had suffered from permanent and catastrophic physical disabilities and wished to die at the time of their choosing. However, they were not physically capable of ending their own life unaided. The court considered, among other things, whether the Suicide Act 1961, s 2 infringed the appellants’ rights under the European Convention on Human Rights, art 8 (ECHR).’

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Halsbury’s Law Exchange, 7th July 2014

Source: www.halsburyslawexchange.co.uk

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R (on the application of Nicklinson and another) (AP) (Appellants) v Ministry of Justice (Respondent); R (on the application of AM) (AP) v The Director of Public Prosecutions (Appellant) – Supreme Court

R (on the application of Nicklinson and another) (AP) (Appellants) v Ministry of Justice (Respondent); R (on the application of AM) (AP) v The Director of Public Prosecutions (Appellant) [2014] UKSC 38 (YouTube)

Supreme Court, 25th June 2014

Source: www.youtube.com/user/UKSupremeCourt

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Campaigners lose ‘right to die’ case – BBC News

‘Campaigners have lost their appeal at the UK’s highest court over the right to die.’

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BBC News, 25th June 2014

Source: www.bbc.co.uk

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Right-to-die: For and against assisted suicide – BBC News

Posted June 25th, 2014 in assisted suicide, disabled persons, human rights, news, prosecutions by sally

‘On Wednesday, the family of the late Tony Nicklinson who had locked-in syndrome and Paul Lamb who was paralysed in a road crash will find out whether or not their campaign for the right to die with the help of a doctor has been successful.’

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BBC News, 25th June 2014

Source: www.bbc.co.uk

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Right-to-die Supreme Court judgement due – BBC News

‘The UK’s highest court will give its judgement later on the cases of two severely disabled men who want others to be able to help them die.’

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BBC News, 25th June 2014

Source: www.bbc.co.uk

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DfE issues new code of practice for special educational needs and disabilities – Local Government Lawyer

‘The Department for Education has published a new code of practice for organisations working with children and young people with special educational needs and disabilities.’

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Full code

Local Government Lawyer, 18th June 2014

Source: www.localgovernmentlawyer.co.uk

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Claimant wins case over personal injury damages and social care charging policy – Local Government Lawyer

‘A council’s charging policy for social care services has been found unlawful because it took account of capital derived from a claimant’s personal injury settlement.’

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Local Government Lawyer, 19th June 2014

Source: www.localgovernmentlawyer.co.uk

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Watchdog attacks the government’s handling ‘fiasco’ of disability payouts – The Guardian

Posted June 20th, 2014 in benefits, budgets, contracting out, disabled persons, news by tracey

‘The government’s handling of personal independence payments (Pips) has been “nothing short of a fiasco” that has caused distress to thousands of sick and disabled people, parliament’s public spending watchdog has found.’

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The Guardian, 20th June 2014

Source: www.guardian.co.uk

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Regina (N) v Walsall Metropolitan Borough Council – WLR Daily

Regina (N) v Walsall Metropolitan Borough Council [2014] EWHC 1918 (Admin); [2014] WLR (D) 255

‘The capital derived from a personal injury settlement which was managed by a deputy appointed by the Court of Protection had to be disregarded by a local authority when deciding whether the injured person could be required to contribute to the cost of social care services provided by a local authority.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

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Simon Tandy police shooting: Officers actions ‘proportionate’ – BBC News

‘The shooting of a disabled man in his wheelchair by police was “proportionate, reasonable and necessary,” a watchdog said.’

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BBC News, 18th June 2014

Source: www.bbc.co.uk

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Work capability assessment system at ‘virtual collapse’, says judge – The Guardian

Posted June 11th, 2014 in benefits, disabled persons, legal aid, news, tribunals by sally

‘The outgoing head of the tribunal which hears appeals relating to social security benefits has said that the work capability assessment (WCA) has undergone “virtual collapse” and accused the Department for Work and Pensions of being overly optimistic about the pace at which fit-for-work tests were being carried out.’

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The Guardian, 11th June 2014

Source: www.guardian.co.uk

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Disabled applicant not entitled under Article 8 to specific care needs – UK Human Rights Blog

‘The Strasbourg Court has ruled that local authorities are within their margin of discretion to balance individuals’ personal interests against the more general interest of the competent public authority in carrying out their social responsibility of provision of care to the community at large.’

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UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

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Formerly known as – NearlyLegal

Posted June 9th, 2014 in appeals, benefits, children, disabled persons, housing, news, tribunals by sally

‘Here is an interesting FTT bedroom tax decision from Runcorn, received via RAISE who are clearly doing good work in supporting such appeals.’

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NearlyLegal, 6th June 2014

Source: www.nearlylegal.co.uk

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Family of disabled grandchild lose spare bedroom fight – BBC News

Posted June 2nd, 2014 in appeals, benefits, carers, children, disabled persons, housing, news by sally

‘A couple who care for their severely disabled grandchild have lost an appeal against cuts to their housing benefits because they have a spare bedroom.’

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BBC News, 30th May 2014

Source: www.bbc.co.uk

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