Spoiling the Broth – NearlyLegal

‘Blake and others v LB Waltham Forest [2014] EWHC 1027 (Admin) is a judicial review challenge to the local authority’s decision to terminate a licence held by Christian Kitchen (the 3rd Claimant) to operate its soup kitchen out of the Mission Grove Car Park, Walthamstow, London, E17.’

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NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

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“A gilded cage is still a cage” – Supreme Court on deprivation of liberty for the mentally incapacitated – UK Human Rights Blog

‘Mentally incapacitated people have the same rights to liberty as everyone else. If their own living arrangements would amount to a deprivation of liberty of a non-disabled individual then these would also be a deprivation of liberty for the disabled person. So says the Supreme Court, which has ruled that disabled people are entitled to periodic independent checks to ensure that the deprivation of liberty remains justified.’

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UK Human Rights Blog, 8th April 2014

Source: www.ukhumanrightsblog.com

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Room for manoeuvre – Hardwicke Chambers

‘In R (on the application of MA & Ors) v The Secretary of State for Work and Pensions (Respondent) and The Equality and Human Rights Commission (Intervener) [2014] EWCA 13 the Court of Appeal has rejected appeals against the dismissal of claims for a judicial review of the so-called “bedroom tax”, bringing to an end – for the time being at least – months of speculation about the lawfulness of arguably the most controversial aspect of the Government’s welfare reform programme.’

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Hardwicke Chambers, 12th March 2014

Source: www.hardwicke.co.uk

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Shocking justice gap for disabled prisoners – Halsbury’s Law Exchange

‘It is Prison Service policy that prisons provide a fair and equal service to all prisoners, including to those who are disabled. The purpose of this policy is to make sure that the Prison Service meets its obligations under the Equality Act 2010 (EqA). However, for many disabled prisoners, these obligations are not being met.’

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Halsbury’s Law Exchange, 4th April 2014

Source: www.halsburyslawexchange.co.uk

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Housing benefit changes distress disabled people, say MPs – BBC News

‘Changes to housing benefit in England, Scotland and Wales are creating “financial hardship and distress” for disabled people, MPs have warned.’

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BBC News, 2nd April 2014

Source: www.bbc.co.uk

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Deprivation of liberty – time to rip up the DOLS regime and start again – Halsbury’s Law Exchange

‘The dust is now beginning to settle, slightly, after the earthquake that was the decision of the Supreme Court in the conjoined appeals of Cheshire West and P and Q, which extends the criteria for determining whether living arrangements made for mentally incapacitated individuals amount to a deprivation of liberty.’

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Halsbury’s Law Exchange, 25th March 2014

Source: www.halsburyslawexchange.co.uk

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Policeman must apologise to blind man he shot with Taser – The Guardian

Posted March 27th, 2014 in complaints, disabled persons, firearms, news, police, professional conduct by tracey

‘A police officer has been asked to apologise to a blind man whom he shot with a Taser when he mistook his white stick for a samurai sword.’

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The Guardian, 26th March 2014

Source: www.guardian.co.uk

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‘Giant’ criminal Jude Medcalf freed as jail bed too small – BBC News

Posted March 27th, 2014 in community service, disabled persons, firearms, human rights, news, prisons by tracey

‘A 7ft 2ins-tall (2.2m) criminal has been released from custody after a judge accepted prison beds and uniforms were too small for him.’

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The Guardian, 26th March 2014

Source: www.guardian.co.uk

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P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) – Supreme Court

P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) [2014] UKSC 19 (YouTube)

Supreme Court, 19th March 2014

Source: www.youtube.com/user/UKSupremeCourt

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Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) – WLR Daily

Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) [2014] UKSC 19; [2014] WLR (D) 140

‘Mentally incapacitated persons had the same rights to liberty as everyone else, and if their living arrangements would amount to a deprivation of liberty of a capacitous person they were also a deprivation of liberty of the incapacitated person, who was therefore entitled to periodic independent checks to ensure that the deprivation of liberty remained justified in his or her best interests.’

WLR Daily, 19th March 2014

Source: www.iclr.co.uk

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Deprivation of Liberty Defined by the Supreme Court: a difference of views concerning deprivation of liberty of disabled persons – Garden Court Chambers Blog

‘Tim Baldwin comments on today’s Supreme Court judgment regarding the deprivation of liberty of people with disabilities.

This note concerns the case of P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor)(Appellants) v Surrey County Council (Respondent) [2014] UKSC 19 handed down on the 19 March 2014.’

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Garden Court Chambers Blog, 19th March 2014

Source: www.gclaw.wordpress.com

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Disabled girl ‘lost in the system’ by Birmingham City Council for four years – BBC News

Posted March 20th, 2014 in children, disabled persons, news, ombudsmen, reports, social services by tracey

‘Birmingham City Council “singularly failed” a disabled child “lost in the system” for more than four years, the Local Government Ombudsman has ruled.’

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BBC News, 20th March 2014

Source: www.bbc.co.uk

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Disabled patients ‘have right to liberty’, Supreme Court rules – BBC News

‘Disabled people have the same right to “physical liberty” as others, one of the UK’s most senior judges has said. Lady Hale, deputy president of the Supreme Court, said the state had a duty to uphold that right and to cater for disabled people.’

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BBC News, 19th March 2014

Source: www.bbc.co.uk

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Paddy Power Oscar Pistorius ‘money back if he walks’ ad broke rules and brought UK advertising into disrepute, ASA finds – The Independent

‘A Paddy Power advert that offered a “money back if he walks” guarantee for betting on the Oscar Pistorius murder trial broke rules and brought the UK’s advertising industry into disrepute, the regulator has found.’

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The Independent, 19th March 2014

Source: www.independent.co.uk

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Room use and Uratemp – NearlyLegal

Posted March 18th, 2014 in appeals, benefits, disabled persons, housing, news, social security by tracey

‘A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over ‘room use’ as an argument.’

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NearlyLegal, 17th March 2014

Source: www.nearlylegal.co.uk

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Why the human rights challenge to the ‘bedroom tax’ failed – Garden Court Chambers Blog

Posted March 18th, 2014 in appeals, benefits, disabled persons, housing, human rights, news, social security by tracey

‘Desmond Rutledge examines why the Court of Appeal in MA and Others refused to apply the reasoning in Burnip to disabled adults in the social sector who need an extra bedroom.’

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Garden Court Chambers, 17th March 2014

Source: www.gclaw.wordpress.com

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Stott v Thomas Cook Tour Operators Ltd (Secretary of State for Transport intervening) – WLR Daily

Posted March 7th, 2014 in aircraft, carriage by air, damages, disabled persons, EC law, law reports by tracey

Stott v Thomas Cook Tour Operators Ltd (Secretary of State for Transport intervening): [2014] UKSC 15; [2014] WLR (D) 111

‘The court could not award damages for distress and injury to feelings caused to a disabled passenger during flight in breach of Council Regulation (EC) No 1107/2006 (implemented in domestic law by the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007) since such an award was precluded by article 29 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 (“the Montreal Convention”), as adopted in the European Union by Council Regulation (EC) No 2027/97, as amended by article 3(1) of Parliament and Council Regulation (EC) No 889/2002, (“the Montreal Regulation”), and pursuant to the European Communities Act 1972, as amended.’

WLR Daily, 5th March 2014

Source: www.iclr.co.uk

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Judge rejects bedroom tax unlawfully discriminates against disabled – Daily Telegraph

Posted February 24th, 2014 in benefits, disability discrimination, disabled persons, housing, news by sally

‘Judges rejects accusations that the so-called ”bedroom tax” unlawfully discriminates against the disabled.’

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Daily Telegraph, 21st February 2014

Source: www.telegraph.co.uk

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

Posted February 21st, 2014 in community care, disabled persons, law reports, local government by sally

Regina (Cornwall Council) v Secretary of State for Health [2014] EWCA Civ 12; [2014] WLR (D) 80

‘When resolving questions as to the “ordinary residence” of an adult man suffering from multiple complex disabilities, the test whereby a person who was so severely handicapped as to be totally dependent on a parent was in the same position as a small child and his ordinary residence was that of his parents because that was his base, was not to be followed.’

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

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Hamnett v Essex County Council – WLR Daily

Hamnett v Essex County Council [2014] EWHC 246 (Admin); [2014] WLR (D) 72

‘The Administrative Court, hearing a claim for a statutory review brought under the Road Traffic Regulation Act 1984, did not have jurisdiction to investigate an alleged breach of section 29 of the Equality Act 2010.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

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