Council criticised over refusal of direct payments based on Working Time Regulations – Local Government Lawyer

‘A council has admitted wrongly using the Working Time Regulations to refuse the direct payments they assessed a young man as needing, following an investigation by the Local Government Ombudsman.’

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Local Government Lawyer, 6th August 2015

Source: www.localgovernmentlawyer.co.uk

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Billet v Ministry of Defence– Ogden Tables Revisited – Zenith PI Blog

‘In 2009, the Claimant had been in the army and his role was as a HGV driver. He had been taking part in a field exercise in freezing weather and snow for six days having been provided with unsatisfactory footwear. The Claimant suffered a non-freezing cold injury to his feet. Despite treatment he still suffered symptoms in cold weather but was assessed as fit for service. The Claimant obtained an early termination of military service in 2011 because of family commitments. Due to the ongoing symptoms in his feet he issued a claim for damages against the MOD. Liability was agreed at 75% but the parties could not agree quantum.’

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Zenith PI Blog, 31st July 2015

Source: www.zenithpi.wordpress.com

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Legal aid safety net does not work, rules UK high court – The Guardian

Posted July 16th, 2015 in appeals, disabled persons, human rights, legal aid, news by tracey

‘The safety net to ensure that vulnerable claimants are provided with legal aid and access to justice does not work, the high court has ruled.’

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The Guardian, 15th July 2015

Source: www.guardian.co.uk

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Regina (Cornwall Council and another) v Secretary of State for Health – WLR Daily

Regina (Cornwall Council and another) v Secretary of State for Health: [2015] UKSC 46; [2015] WLR (D) 298

‘In determining the ordinary residence of an adult, who lacked mental capacity to choose where to live, it was incorrect to apply a test that by reason of such incapacity he was in the same position as a small child and that his ordinary residence was that of his parents because that was his base.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

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Mathieson v Secretary of State for Work and Pensions – WLR Daily

Mathieson v Secretary of State for Work and Pensions: [2015] UKSC 47; [2015] WLR (D) 296

‘The Secretary of State for Work and Pensions violated the Convention rights of a severely disabled child when he suspended payment to him of disability living allowance once he had been an in-patient in an NHS hospital for more than 84 weeks.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

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Supreme Court overturns key Court of Appeal decision on ordinary residence – Local Government Lawyer

‘The Supreme Court has rejected a Court of Appeal ruling on who has financial responsibility for the care of an adult with physical and learning disabilities, instead ruling that the local authority initially responsible for meeting his needs as a child should be responsible for his care after the age of 18.’

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Local Government Lawyer, 9th July 2015

Source: www.localgovernmentlawyer.co.uk

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Providing protective care to people unable to consent to treatment – Law Commission

‘The Mental Capacity Act aims to protect people who lack mental capacity but need to be deprived of liberty in order to receive appropriate care and treatment in hospitals and care homes. But the safeguards are not meaningful for disabled and older people and their families, local councils and the NHS are struggling to meet their obligations under the law, and people who live in other settings – such as supported living – are being left unprotected.’

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Law Commission, 7th July 2015

Source: www.lawcom.gov.uk

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Litigants in person, mental health, and relief from sanctions – Zenith PI Blog

‘An application for an extension of time to serve medical evidence by a litigant in person with a mental health disability was refused where there had been a number of breaches and considerable delay, effectivly bringing proceedings to a halt. Appeal to Court of Appeal dismissed.’

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Zenith PI Blog, 26th June 2015

Source: www.zenithpi.wordpress.com

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Asbo dwarf jailed after impersonating a Dalek and threatening woman with a butterknife – Daily Telegraph

Posted June 24th, 2015 in ASBOs, disabled persons, news, sentencing, threatening behaviour by sally

‘Court hears Ian Salter-Bromley, 55, stuck a sucker dart on his forehead and filled his mouth with dominoes before shouting: ‘Exterminate! Exterminate!”
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Daily Telegraph, 23rd June 2015

Source: www.telegraph.co.uk

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Appeal ruling backs representation in deprivation of liberty cases – Law Society’s Gazette

Posted June 17th, 2015 in appeals, Court of Protection, disabled persons, mental health, news by sally

‘In an unusual judgment, the Court of Appeal has ruled that streamlined procedures introduced by the Court of Protection must not prevent people who lack capacity from participating in or having legal representation at hearings affecting their liberty.’

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Law Society’s Gazette, 16th June 2015

Source: www.lawgazette.co.uk

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Brain-injured man’s family fights to continue NHS medical treatment – The Guardian

Posted June 12th, 2015 in disabled persons, hospitals, medical treatment, news by sally

‘The family of a man said to be in a state of “low awareness” after sustaining a brain injury have launched a legal fight to prevent a health trust from halting treatment that is keeping him alive. The patient, in his 40s, is being treated in a hospital intensive care unit. Specialist doctors say it is very unlikely that he will regain any level of consciousness.’

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The Guardian, 11th June 2015

Source: www.guardian.co.uk

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Boy wins £120,000 damages for narcolepsy caused by swine flu vaccine – The Guardian

Posted June 11th, 2015 in children, damages, disabled persons, health, news by sally

‘A 12-year-old boy has been awarded £120,000 by a court that agreed he had been left severely disabled by narcolepsy triggered by the swine flu vaccine, following a three-year battle in which the government had claimed that his illness was not serious enough to merit payment.’

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The Guardian, 10th June 2015

Source: www.guardian.co.uk

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PIPs disability benefit delay unlawful, says High Court – BBC News

‘A delay in paying welfare benefits to two disabled people was “unlawful”, the High Court has ruled.’

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BBC News, 5th June 2015

Source: www.bbc.co.uk

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Disability benefits: Court to rule on delay test case – BBC News

Posted June 5th, 2015 in benefits, delay, disabled persons, government departments, news by tracey

‘The High Court is expected to rule later on whether the government took too long to process benefit claims by two disabled people.’

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BBC News, 5th June 2015

Source: www.bbc.co.uk

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Thalidomide survivors seek ‘justice’ with Plaid Euro MP – BBC News

Posted June 2nd, 2015 in birth, compensation, disabled persons, health, medicines, news by sally

‘Welsh people left disabled by the thalidomide drug scandal are being backed in their fight for compensation by Plaid Cymru MEP Jill Evans.’

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BBC News, 31st May 2015

Source: www.bbc.co.uk

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Woman left housebound after having legs amputated receives compensation following blunder that led to benefit money being withheld – The Independent

Posted May 29th, 2015 in benefits, budgets, compensation, delay, disabled persons, local government, news by sally

‘A woman who was left housebound following the amputation of both legs has received £27,000 in compensation after watchdogs found financial support was withheld due to an administrative battle between a council and the NHS.’

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The Independent, 28th May 2015

Source: www.independent.co.uk

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Patient consent and medical advice – Law Society’s Gazette

Posted May 27th, 2015 in appeals, birth, consent, disabled persons, medical treatment, news, Supreme Court by sally

‘On 11 March 2015, the Supreme Court unanimously agreed that Nadine Montgomery should succeed in her claim against NHS Lanarkshire following a birth complication during the delivery of her son in October 1999, which resulted in him suffering severe disabilities.’

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Law Society’s Gazette, 22nd May 2015

Source: www.lawgazette.co.uk

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Victims of disability hate crime are still being let down, report claims – The Guardian

‘Victims of disability hate crimes are being failed by police, prosecutors and the probation service, according to a report by inspectors.’

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The Guardian, 21st May 2015

Source: www.guardian.co.uk

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Disability benefits delays not illegal, government says – BBC News

Posted May 18th, 2015 in benefits, delay, disabled persons, government departments, news by sally

‘Delays in processing disability benefits claims were unacceptable but not illegal, the Department for Work and Pensions has told the High Court.’

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BBC News, 15th May 2015

Source: www.bbc.co.uk

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5,000 disabled adults sexually abused in past two years, NSPCC says – The Guardian

‘Almost 5,000 disabled adults have been sexually abused in England in the past two years, figures have shown.’

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The Guardian, 18th May 2015

Source: www.guardian.co.uk

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