Child of incestuous rape seeks compensation – BBC News

‘A severely disabled man born after an incestuous rape is seeking compensation at the Court of Appeal as a victim.’

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BBC News, 15th March 2017

Source: www.bbc.co.uk

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Taxi drivers face £1,000 fine for refusing to pick up wheelchair users – The Guardian

Posted February 7th, 2017 in disabled persons, equality, fines, news, taxis, transport by sally

‘Taxi drivers who refuse to pick up wheelchair users or attempt to charge more for transporting them could be fined up to £1,000 under new laws tackling discrimination.’

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The Guardian, 7th February 2017

Source: www.guardian.co.uk

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Paulley: An everyday step? – Cloisters

Posted January 31st, 2017 in appeals, disabled persons, news, Supreme Court, transport by sally

‘On 24 February 2012, Doug Paulley tried to do something most of us would not think twice about. He went to catch a bus. He wanted to get from Wetherby to Leeds to catch a train. The single wheelchair space was occupied, not by another wheelchair user, but by a pushchair. The bus driver asked the owner to move but did nothing more when she refused. Mr Paulley was unable to travel on that bus, so missed his train.’

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Cloisters, 30th January 2017

Source: www.cloisters.com

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Court of Appeal delivers landmark ruling in ‘state detention’ inquest case – Local Government Lawyer

‘A woman with a learning disability who died whilst in the intensive care unit of a hospital was not in ‘state detention’, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th January 2017

Source: www.localgovernmentlawyer.co.uk

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Hackney LBC v Haque – Arden Chambers

Posted January 27th, 2017 in disabled persons, equality, homelessness, housing, local government, news by sally

‘The Court of Appeal has held that the four-stage approach to considering the public sector equality duty in s.149 Equality Act 2010 in Hotak v Southwark LBC [2015] UKSC 30; [2016] AC 811, is concerned only with vulnerability under s.189(1)(c) Housing Act 1996. In cases concerning suitability of accommodation, a review officer had to show (on a “stand-back” reading of the decision) recognition as to whether a homeless applicant had a disability and whether the accommodation was unsuitable having regard to that disability and its impact on the applicant compared to those without such a disability.’

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Arden Chambers, January 2017

Source: www.ardenchambers.com

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Judge rules human rights claim against council out of time – Local Government Lawyer

Posted January 27th, 2017 in disabled persons, human rights, limitations, local government, news by sally

‘A man who claimed Tameside Metropolitan Borough Council breached his human rights cannot pursue his case because of the length of time taken to launch the action, the High Court has ruled.’

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Local Government Lawyer, 26th January 2017

Source: www.localgovernmentlawyer.co.uk

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Suitability and PSED – Nearly Legal

Posted January 26th, 2017 in appeals, disabled persons, equality, housing, mental health, news by tracey

‘London Borough of Hackney v Haque [2017] EWCA Civ 4. In which the Court of Appeal grapple with the application of the Public Sector Equality Duty to decisions on suitability of accommodation provided under s.193 Housing Act 1996 (in satisfaction of the full housing duty).’

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Nearly Legal, 24th January 2017

Source: www.nearlylegal.co.uk

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Taxi driver who refused to take guide dog is fined – BBC News

Posted January 26th, 2017 in costs, disabled persons, equality, fines, news, taxis by tracey

‘A taxi driver who refused to carry a guide dog because he claimed it was against his religion has been fined for breaching equality laws.’

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BBC News, 25th January 2017

Source: www.bbc.co.uk

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To be able or not to be able : Capacity issues in personal injury litigation part 1 – Zenith PI Blog

‘This article is the first in a series of 2, dealing with the question of capacity in PI litigation particularly, and civil proceedings generally.’

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Zenith PI Blog, 18th January 2017

Source: www.zenithpi.wordpress.com

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‘Wheelchair v buggy’: Man wins Supreme Court case – BBC News

‘A disabled man has won a Supreme Court case after a dispute with a woman with a buggy over wheelchair space on a bus.’

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BBC News, 18th January 2017

Source: www.bbc.co.uk

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The Mental Capacity Act 2005: an opportune time to reflect – OUP Blog

‘More than a decade has passed since the Mental Capacity Act (‘MCA’) received royal assent. Described as a ‘visionary piece of legislation’, the MCA was a significant landmark on the legal landscape. It represented a triumph of autonomy by recognising that, as far as possible, people should play an active role in decisions about their welfare. At the core of the MCA is the fundamental principle that a person must be assumed to have decision making capacity unless it is established that he lacks it. The law therefore assumes that everyone has the ability to act and take decisions in accordance with their own interests, and affords primacy to individual priorities over paternalistic imperatives. Where a person lacks capacity – whether for reasons of learning disability, dementia, brain injury, or some other impairment of or disturbance in the functioning of the mind or brain – the MCA permits decision-makers to act on behalf of the person in accordance with his ‘best interests’. This means that, amongst other things, decision-makers must take into account the person’s past and present wishes and feelings, his beliefs and values, and any other factors that the person would be likely to consider, in order to act in a way which would likely give expression to the person’s autonomy. In this way, the MCA sought to empower people to make decisions for themselves, protect the vulnerable from the excesses of paternalism, and engineer a cultural shift in attitudes to mental impairment and incapacity.’

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OUP Blog, 17th January 2017

Source: www.blog.oup.com

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Terror suspect ‘linked to Osama Bin Laden’ wins battle with Home Office to stay in UK – The Independent

Posted January 4th, 2017 in deportation, disabled persons, news, terrorism by tracey

‘A disabled terror suspect previously linked to Osama Bin Laden has won a 21-year legal battle to remain in the UK.
The wheelchair-bound Algerian man, known only as “G”, has been fighting Home Office deportation efforts for over two decades despite being accused of helping enlist young Muslims to extremist training camps abroad.’

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The Independent, 3rd January 2017

Source: www.independent.co.uk

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Disability and homelessness: bringing home human rights – Cloisters

Posted December 1st, 2016 in disabled persons, homelessness, human rights, local government, news, treaties by sally

‘Sally Robertson considers the decision of R (GS) v London Borough of Camden [2016] EWHC 1762 (Admin), 27 July 2016 in this blog.’

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Cloisters, 9th November 2016

Source: www.cloisters.com

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Known unknowns – Considering disability in homelessness – Nearly Legal

Posted November 29th, 2016 in appeals, autism, children, disabled persons, housing, local government, news by sally

‘In Pieretti v Enfield LBC [2010] EWCA Civ 1104 (our note) the Court of Appeal held that under (the predecessor to) the Equality Act, in the course of Housing Act 1997 Part VII inquiries, a reviewing officer was required to carry out inquiries into an applicant’s disability that the Housing Act 1996 had not previously required, i.e. where the applicant had not raised the issue but the reviewing officer was on notice that there was a possibility that the applicant’s disability would be relevant. This second appeal concerned the nature and extent of those inquiries.’

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Nearly Legal, 27th November 2016

Source: www.nearlylegal.co.uk

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Wheelchair dancer sues company over dance floor ban – BBC News

Posted November 29th, 2016 in disability discrimination, disabled persons, news by sally

‘A disabled dancer is taking legal action after he was banned from an event over claims his wheelchair damaged the dance floor.’

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BBC News, 29th November 2016

Source: www.bbc.co.uk

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The UN Just Criticised The UK’s Record On Disability Rights – RightsInfo

‘The UK government’s welfare reform policy has resulted in systematic violations of the human rights of disabled persons, according to the United Nations Committee on the Rights of Persons with Disabilities.’

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RightsInfo, 14th November 2016

Source: www.rightsinfo.org

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With and without foundation – Bedroom tax in Supreme Court – Nearly Legal

‘The Supreme Court has handed down its judgment in the culmination of years of cases on the discriminatory impact of the ‘removal of the spare room subsidy’ – the bedroom tax. The outcome was mixed, even including a split judgment on one case, but in at least one respect, the bedroom tax regulations were held to unlawfully and unjustifiably discriminate against households with disabled members.’

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Nearly Legal, 9th November 2016

Source: www.nearlylegal.co.uk

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Warning of potential rise in legal actions as adult care funding gap bites – Local Government Lawyer

Posted November 9th, 2016 in care homes, disabled persons, elderly, local government, news, social services by sally

‘The number of cases in relation to adult care could rise with local authorities struggling to cope with a funding gap, it has been claimed.’

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Local Government Lawyer, 8th November 2016

Source: www.localgovernmentlawyer.co.uk

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UN: ‘Grave’ disability rights violations under UK reforms – BBC News

Posted November 8th, 2016 in disabled persons, human rights, news, reports, United Nations by sally

‘UK welfare reforms have led to “grave and systematic violations” of disabled people’s rights, a UN inquiry has said.’

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BBC News, 7th November 2016

Source: www.bbc.co.uk

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Councils risk ‘legal action over care cuts’ – BBC News

Posted November 8th, 2016 in care homes, disabled persons, elderly, local government, news, social services by sally

‘Council cuts to care in England are so severe there is a real risk families may take legal action, experts say.’

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BBC News, 8th November 2016

Source: www.bbc.co.uk

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