DCLG opens technical consultation on house building standards – OUT- LAW.com

‘The Department for Communities and Local Government (DCLG) opened a consultation last week on a series of proposed changes to the existing system of housing standards, which seek to reduce and simplify the rules house builders must comply with.’

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OUT-LAW.com, 15th September 2014

Source: www.out-law.com

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Victims’ Rights, the EU Charter, and Passport Confiscation – the Human Rights Roundup – UK Human Rights Blog

‘In recent news, the government outlines proposals for increased rights for the victims of crime, as well as for the revocation and confiscation of passports for ISIS fighters returning to the UK. In other news, the legality of the EU Charter comes back to haunt Chris Grayling once again.’

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UK Human Rights Blog, 15th September 2014

Source: www.ukhumanrightsblog.com

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Cadet paralysed in fatal skydiving accident sues MoD for £300,000 – Daily Telegraph

Posted September 15th, 2014 in accidents, armed forces, damages, disabled persons, inquests, news, personal injuries by tracey

‘ An Army cadet partly paralysed during a skydiving jump which killed a comrade is suing the Ministry of Defence for more than £300,000. Tim Herlihy, 24, of Stourbridge, was left with incomplete paraplegia after suffering injuries including six burst vertebrae during the accident in 2011 when he collided in mid air with another cadet.’

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Daily Telegraph, 12th September 2014

Source: www.telegraph.co.uk

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A practical approach to advising vulnerable clients – The Future of Law

‘A vulnerable person is anyone aged 18 and over who needs assistance because of mental or other disability, age or illness, is unable to take care of him or herself and is unable to protect themselves against significant harm or exploitation.’

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The Future of Law, 5th September 2014

Source: www.blogs.lexisnexis.co.uk

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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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