Disabled claimant given green light to challenge cuts to care package – Local Government Lawyer

Posted June 15th, 2016 in community care, disabled persons, local government, news by sally

‘A High Court judge has given a disabled man permission to bring a legal challenge against a county council after it decided to reduce his care package.’

Full story

Local Government Lawyer, 14th June 2016

Source: www.localgovernmentlawyer.co.uk

Comments Off on Disabled claimant given green light to challenge cuts to care package – Local Government Lawyer

Supreme Court to hear ‘wheelchair vs buggy’ bus case – BBC News

Posted June 15th, 2016 in children, disability discrimination, disabled persons, news, transport by sally

‘A case that will determine whether bus companies should make people with pushchairs and others move from buses’ disabled spaces will be heard at the Supreme Court later.’

Full story

BBC News, 15th June 2016

Source: www.bbc.co.uk

Comments Off on Supreme Court to hear ‘wheelchair vs buggy’ bus case – BBC News

Airlines criticised over payouts for damaged wheelchairs – The Guardian

Posted June 14th, 2016 in airlines, compensation, damages, disabled persons, equality, news by sally

‘Britain’s equality watchdog has criticised British airlines and British Airways (BA) in particular – for their treatment of disabled customers as legal action is taken by an actor over alleged damage to her wheelchair.’

Full story

The Guardian. 13th June 2016

Source: www.guardian.co.uk

Comments Off on Airlines criticised over payouts for damaged wheelchairs – The Guardian

Southern Health trust accepts responsibility for teenager’s death – The Guardian

Posted June 10th, 2016 in compensation, disabled persons, hospitals, negligence, news by sally

‘The family of an 18-year-old man who drowned following an epileptic seizure while under the care of Southern Health NHS foundation trust has been awarded £80,000 compensation.’

Full story

The Guardian, 9th June 2016

Source: www.guardian.co.uk

Comments Off on Southern Health trust accepts responsibility for teenager’s death – The Guardian

Staffordshire County Council v K and others – WLR Daily

Staffordshire County Council v K and others [2016] EWCOP 27

‘An incapacitated adult (“K”), who had been severely injured in a road traffic accident, was awarded substantial damages in court proceedings which were used by his property and affairs deputy, a private trust corporation, to provide a specially adapted residence and to fund the regime of care and support provided by private sector providers. The local authority, having been informed of the arrangements for K’s care and the arrangements having been registered with the Care Quality Commission, applied to the Court of Protection for a welfare order under section 16 of the Mental Capacity Act 2005. The parties accepted that the arrangements constituted a deprivation of liberty satisfying two of three components of a deprivation of liberty within article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, but the Secretary of State contended that the third component, namely the attribution of responsibility to the state, did not apply to the privately funded and arranged care regime (and to others in an equivalent position), so that the care regime could lawfully be put in place without a welfare order being made under the Act.’

WLR Daily, 25th May 2016

Source: www.iclr.co.uk

Comments Off on Staffordshire County Council v K and others – WLR Daily

IPCC criticises Sussex police over hooding of disabled 11-year-old girl – The Guardian

‘Sussex police have been strongly criticised by the force watchdog after an 11-year-old disabled girl was hooded, handcuffed and detained in custody for a total of more than 60 hours.’

Full story

The Guardian, 8th June 2016

Source: www.guardian.co.uk

Comments Off on IPCC criticises Sussex police over hooding of disabled 11-year-old girl – The Guardian

Academy trust faces legal challenge over treatment of disabled pupils – The Guardian

‘Parents of children with special educational needs and disabilities are taking legal action against an academy trust for proposing to bus their children from a well-performing school to a worse alternative because of limited resources.’

Full story

The Guardian, 2nd June 2016

Source: www.guardian.co.uk

Comments Off on Academy trust faces legal challenge over treatment of disabled pupils – The Guardian

Disabled man born after incest rape wins right to claim compensation – BBC News

‘A man born with severe disabilities after his mother was raped by her father has won the right to claim compensation.’

Full story

BBC News, 1st June 2016

Source: www.bbc.co.uk

Comments Off on Disabled man born after incest rape wins right to claim compensation – BBC News

Families’ fury over ‘painfully slow’ progress after Winterbourne View scandal – Daily Telegraph

‘Families of the victims of the Winterbourne View care scandal have written to David Cameron accusing ministers of betrayal by leaving vulnerable disabled people at risk of abuse five years on.’

Full story

Daily Telegraph, 31st May 2016

Source: www.telegraph.co.uk

Comments Off on Families’ fury over ‘painfully slow’ progress after Winterbourne View scandal – Daily Telegraph

Relatives campaign for ‘Robin’s law’ to oblige care homes to inform family if a loved one is ill – The Guardian

‘As a new inquest approaches into the death of their autistic sister, family continues to fight for a law to boost the rights of relatives.’

Full story

The Guardian, 1st June 2016

Source: www.guardian.co.uk

Comments Off on Relatives campaign for ‘Robin’s law’ to oblige care homes to inform family if a loved one is ill – The Guardian

Ombudsman warns on financial appointee role after council told to repay £12k – Local Government Lawyer

‘A local authority has agreed to repay nearly £12,000 to a disabled woman for whom it was acting as financial appointee, following an investigation by the Local Government Ombudsman.’

Full story

Local Government Lawyer, 24th May 2016

Source: www.localgovernmentlawyer.co.uk

Comments Off on Ombudsman warns on financial appointee role after council told to repay £12k – Local Government Lawyer

Independent Monitoring Board slams Heathrow Immigration Removal Centres – Free Movement

‘What were Harmondsworth and Colnbrook Detention Centres have been brought under the same management, and are now called Heathrow Immigration Removal Centres. Nonetheless, as the Independent Monitoring Board’s report shows, detention centres by another name still have their same old problems. The Board’s recommendations focus on treatment of vulnerable people, both mentally and physically.’

Full story

Free Movement, 23rd May 2016

Source: www.freemovement.org.uk

Comments Off on Independent Monitoring Board slams Heathrow Immigration Removal Centres – Free Movement

The new era promised by the Care Act is yet to arrive – The Guardian

‘One year after the act came into force, the momentum behind the changes risks being lost.’

Full story

The Guardian, 23rd May 2016

Source: www.guardian.co.uk

Comments Off on The new era promised by the Care Act is yet to arrive – The Guardian

Suicides of benefit claimants reveal DWP flaws, says inquiry – The Guardian

‘A series of secret internal inquiries into the deaths of people claiming social security reveal that ministers were repeatedly warned of shortcomings in the treatment of vulnerable claimants facing potentially traumatic cuts to their benefits entitlements.’

Full story

The Guardian, 13th May 2016

Source: www.guardian.co.uk

Comments Off on Suicides of benefit claimants reveal DWP flaws, says inquiry – The Guardian

Judge to decide treatment of two-year-old disabled boy who ‘no longer giggles’ – The Independent

Posted April 27th, 2016 in children, disabled persons, doctors, medical treatment, news by sally

‘Specialists have told a High Court judge that their treatment of a “profoundly neurologically disabled” two-year-old boy who they say no longer giggles when tickled and is “largely unresponsive” should be limited to palliative care.’

Full story

The Independent, 27th April 2016

Source: www.independent.co.uk

Comments Off on Judge to decide treatment of two-year-old disabled boy who ‘no longer giggles’ – The Independent

Leading employment judges call for law banning ‘fattism’ in workplace – The Independent

Posted April 25th, 2016 in disabled persons, employment, equality, news, obesity, statistics by sally

‘A leading judge has claimed that overweight workers could soon have the power to tackle “fattist” discrimination in the workplace by suing colleagues who make inappropriate comments about body size.’

Full story

The Independent, 25th April 2016

Source: www.independent.co.uk

Comments Off on Leading employment judges call for law banning ‘fattism’ in workplace – The Independent

Adding Insult to Injury – Byrom Street Chambers

Posted April 14th, 2016 in damages, disabled persons, news, personal injuries by sally

‘This paper seeks to explore how causation and quantum should be determined where a pre-existing injury is worsened, or an additional injury is super imposed upon a pre-existing injury, by a Defendant’s negligence.’

Full story

Byrom Street Chambers, 30th March 2016

Source: www.byromstreet.com

Comments Off on Adding Insult to Injury – Byrom Street Chambers

Wrongful Birth and Wrongful Conception – The Rights of the Father – Hardwicke Chambers

‘The law on recovery for damages in wrongful birth and wrongful conception cases has been settled for some time; since the cases of McFarlane v Tayside Board of Health [2000] 2 AC 59, Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530 and Rees v Darlington Memorial Hospital NHS Trust [2002] EWCA Civ 88 there has been little, if any, disruption to the status quo. It is clear however that there do remain some unanswered questions regarding the limits of recovery in this area; one such query arose in the more recent case of Whitehead v Searle [2008] EWCA Civ 285, where the rights of a father in these actions was considered.’

Full story

Hardwicke Chambers, 8th April 2016

Source: www.hardwicke.co.uk

Comments Off on Wrongful Birth and Wrongful Conception – The Rights of the Father – Hardwicke Chambers

Deaf school’s closure was due to abuse of residents, says regulator – The Guardian

Posted April 6th, 2016 in assault, care workers, disabled persons, news, reports by tracey

‘The sudden closure of a college for vulnerable people was due to the serious abuse of residents by staff, the health and social care regulator has revealed.’

Full story

The Guardian, 5th April 2016

Source: www.guardian.co.uk

Comments Off on Deaf school’s closure was due to abuse of residents, says regulator – The Guardian

DWP tribunal criticises Labour MP Jess Phillips for ‘showing too much affection and friendship’ – The Independent

‘A Labour MP has been criticised by a judge at a tribunal for showing too much affection and friendship towards a constituent on disability benefits. ‘

Full story

The Independent, 3rd April 2016

Source: www.independent.co.uk

Comments Off on DWP tribunal criticises Labour MP Jess Phillips for ‘showing too much affection and friendship’ – The Independent