What should we do with violent children? One secure home may have the answer – The Guardian

‘The young people locked up in Clayfields House have been convicted of serious crimes, from assault to murder. Under close supervision, many have turned their lives around – but now this unusual prison may be under threat.’

Full story

The Guardian, 18th March 2015

Source: www.guardian.co.uk

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Mental Capacity Law Newsletter – Thirty Nine Essex Street

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Court of Protection Issues – Thirty Nine Essex Street

‘This paper provides an overview of the procedure which has been put in place to implement the streamlined process by which the Court of Protection may authorise deprivations of liberty following the Supreme Court decision in P v Cheshire West and Chester Council and P and Q v Surrey County Council [2014] UKSC 19.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Judge authorises sterilisation of mother-of-six with learning disabilities – The Guardian

Posted February 5th, 2015 in learning difficulties, news, sterilisation by sally

‘A mother-of-six with learning disabilities can be sterilised, a judge has ruled.’

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The Guardian, 4th February 2015

Source: www.guardian.co.uk

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First judicial review over 2014 Act duties to disabled children reaches court – Local Government Lawyer

‘A High Court judge will this week hear what is being billed as the first judicial review to consider local authorities’ duties to disabled children following reforms brought in under the new Children and Families Act.’

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Local Government Lawyer, 29th January 2015

Source: www.localgovernmentlawyer.co.uk

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Presumed guilty? Ministry of Justice is forced to withdraw advice leaflet – The Guardian

‘Red-faced Ministry of Justice (MoJ) officials have been forced to deny claims that they had dismantled a centuries-old cornerstone of British law in advice that the ministry gave to people facing criminal trials.’

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The Guardian, 1st February 2015

Source: www.guardian.co.uk

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Discrimination – tendency to physical abuse – Education Law Blog

‘A three-judge Upper Tribunal panel X v GB of a school has considered the exclusion of a tendency to physical abuse from the definition of disability under the Equality Act 2010.’

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Education Law Blog, 25th January 2015

Source: www.education11kbw.com

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Court of Protection Update (January 2015) – Family Law Week

‘In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable procedure for cases in which urgent and serious medical treatment is required.’

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Family Law Week, 16th January 2015

Source: www.familylawweek.co.uk

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Connor Doughton gets life sentence for Michael Lee Emmett murder – BBC News

Posted January 15th, 2015 in alcohol abuse, learning difficulties, murder, news, sentencing by sally

‘A teenager who murdered a father-of-three has been told he will spend at least 15 years behind bars.’

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BBC News, 15th January 2015

Source: www.bbc.co.uk

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Munby: legal aid system ‘neither compassionate nor humane’ – Law Society’s Gazette

Posted January 8th, 2015 in adoption, delay, judges, learning difficulties, legal aid, news by sally

‘The president of the Family Division has described as ‘unconscionable’ delays over legal aid funding which have held up a case concerning the removal of a child from his parents.’

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7th January 2015

Source: www.lawgazette.co.uk

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Parents’ legal aid wait to fight enforced adoption of son inhumane, says judge – The Guardian

Posted January 8th, 2015 in adoption, delay, learning difficulties, legal aid, legal representation, news by sally

‘A couple left in “agony” to fight against the enforced adoption of their three-year-old son could be forgiven for thinking they are trapped in a system which is “neither compassionate nor even humane,” the most senior family court judge in England and Wales has said.’

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The Guardian, 7th January 2015

Source: www.guardian.co.uk

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Man banned from having sex with wife by High Court judge – Daily Telegraph

‘Bangladeshi man claims he has right under his culture to have sex with wife, who has mental age of a child, whenever he pleases and she has no right to refuse.’

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Daily Telegraph, 17th December 2014

Source: www.telegraph.co.uk

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Supreme Court homeless appeals – Law Society’s Gazette

‘Three landmark appeals being heard this week should clarify who is ‘vulnerable’ and entitled to priority rehousing by local authorities.’

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Law Society’s Gazette, 16th December 2014

Source: www.lawgazette.co.uk

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Supreme Court to hear challenge to key test on homelessness and vulnerability – Local Government Lawyer

‘The Supreme Court will next week hear three cases where homeless applicants for housing assistance are seeking to challenge the Pereira test of vulnerability.’

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Local Government Lawyer, 11th December 2014

Source: www.localgovernmentlawyer.co.uk

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Deportation of Lebanese man with Down’s ‘inhumane’ – Vince Cable – The Guardian

Posted November 7th, 2014 in appeals, deportation, human rights, immigration, learning difficulties, news by tracey

‘The proposed deportation of a Lebanese man with Down’s syndrome has been branded “fundamentally inhumane” by the business secretary, Vince Cable. Wadih Chourey, 44, has lived in Twickenham, south-west London, for the past 17 years after seeking refuge from abuse in Beirut. But both his parents have since died and his brother Camil, 52, said he would be unable to care for himself in Lebanon.’

Full story

The Guardian, 6th November 2014

Source: www.guardian.co.uk

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Brian Philip Telchadder (Appellant) v Wickland Holdings Limited (Respondent) – Supreme Court

Brian Philip Telchadder (Appellant) v Wickland Holdings Limited (Respondent) [2014] UKSC 57 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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Newport ‘slavery’ victim Darrell Simester speaks of ordeal – BBC News

Posted November 4th, 2014 in forced labour, gipsies, learning difficulties, news, victims by sally

‘It was a case that lifted the lid on modern day “slavery” in Wales. David Daniel Doran was jailed last month for forcing a vulnerable man to work unpaid at a farm near Newport. Now as BBC Wales’ Week In Week Out programme delves further into the case, we take an look at some of the issues raised.’

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BBC News, 4th November 2014

Source: www.bbc.co.uk

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Judge attacks legal aid cuts as couple fight to keep their son – The Independent

‘One of Britain’s most senior judges has launched a withering attack on cuts to legal aid after a couple with learning disabilities was not provided with a lawyer to fight the forced adoption of their two-year-old son.’

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The Independent, 31st October 2014

Source: www.independent.co.uk

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Farmer David Doran jailed for enslaving ‘vulnerable’ man for 13 years – The Independent

Posted October 27th, 2014 in forced labour, learning difficulties, news, sentencing by sally

‘A horse breeder who forced a vulnerable man to work on his farm for 13 years without pay has been jailed for four-and-a-half years.’

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The Independent, 24th October 2014

Source: www.independent.co.uk

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Cognitive Deficit, Capacity And Quantum: A fresh look at how to approach cognitive deficit in PI claims – Zenith PI Blog

Posted October 21st, 2014 in appeals, citizenship, fraud, learning difficulties, news, personal injuries by sally

‘The Court of Appeal found a significant cognitive deficit, and consequent lack of capacity, notwithstanding recent evidence of minimal cognitive dysfunction, resulting in damages of equivalent to £2.3 million on a full liability basis.’

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Zenith PI Blog, 21st October 2014

Source: www.zenithpi.wordpress.com

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