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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Article 8 and night-time care – NearlyLegal

Posted May 22nd, 2014 in disabled persons, human rights, local government, news, social services by sally

‘The ECtHR Chamber has delivered its decision in McDonald v UK. For the reasons given below, the Court has decided that there was no breach of Article 8 ECHR following the reduction in Royal Borough of Kensington and Chelsea’s care services package for Ms McDonald, except for a period from November 2008 to November 2009, when her care needs were not met.’


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NearlyLegal, 21st May 2014

Source: www.nearlylegal.co.uk

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Ex-ballerina forces ‘landmark’ ruling in social care, charity says – Daily Telegraph

‘A disabled former ballerina who has been locked in a six-year legal battle with her local council over night-time care has forced a “landmark” ruling which could make social workers consider the “dignity” of the elderly when assessing care provisions, age campaigners have said.’

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Daily Telegraph, 20th May 2014

Source: www.telegraph.co.uk

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Blue badge fraud prosecutions ‘double over three years’ – BBC News

‘Blue badge fraud prosecutions have doubled over three years, figures from English councils have revealed.’

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BBC News, 17th May 2014

Source: www.bbc.co.uk

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High Court to make landmark ruling on whether to allow brain damaged man to die – The Independent

Posted May 15th, 2014 in assisted suicide, disabled persons, euthanasia, medical treatment, news by tracey

‘A High Court judge will decide this week whether doctors should stop feeding a brain damaged man and allow him to die.’

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The Independent, 14th May 2014

Source: www.independent.co.uk

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Courts braced for surge in cases of elderly locked up against their will – Daily Telegraph

‘The President of the Family Division of the High Court Sir James Munby predicts rush of claims from care home patients held in ‘cages’.’

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Daily Telegraph, 8th May 2014

Source: www.telegraph.co.uk

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