R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde and another – Inquests and Inquiries Law Blog

‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’

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Inquests and Inquiries Law Blog, 18th July 2023

Source: inquestsandinquirieslawblog.com

Children’s Commissioner for England calls for “radical rehaul” of SEND system as demand for Education, Health and Care Plans reaches new highs – Local Government Lawyer

‘The Children’s Commissioner, Dame Rachel de Souza, has called for a “radical rehaul of the SEND system” and “swift implementation of the SEND Improvement Plan” after recent data from the Department for Education showed that nearly 1.2 million children in England have special educational needs support without an Education, Health and Care plan (EHCP), up 4.7% in 2022.’

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Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

Four staff at specialist hospital guilty of mistreating vulnerable patients – The Independent

‘Four members of staff at a specialist hospital have been found guilty of mistreating vulnerable patients after an undercover BBC Panorama documentary.’

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The Independent, 28th April 2023

Source: www.independent.co.uk

The SEND and AP Improvement Plan: does it go far enough? – Local Government Lawyer

‘Sarah Davidson sets out the key elements of the SEND and AP Improvement Plan published by the Department for Education earlier this month.’

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Local Government Lawyer, 24th March 2023

Source: www.localgovernmentlawyer.co.uk

Assessing capacity: the principles – Local Government Lawyer

‘Alex Ruck Keene KC (Hon) reports on a capacity masterclass from MacDonald J in the Court of Protection, and highlights an updated capacity guide from 39 Essex Chambers.’

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Local Government Lawyer, 17th March 2023

Source: www.localgovernmentlawyer.co.uk

Black people labelled ‘backward’ as children seek justice for lifelong trauma – The Guardian

‘Black people wrongly labelled “educationally subnormal” as children in the UK before being sent to special schools have launched a campaign demanding an apology and compensation from the government.’

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The Guardian, 21st February 2023

Source: www.theguardian.com

Speech by the President of the Family Division: Parents with intellectual impairment in public law proceedings – the need to be alert – Courts & Tribunals Judiciary

Posted February 17th, 2023 in disabled persons, families, family courts, learning difficulties, news by tracey

“It is, I suspect, easy for those whose professional lives have started much more recently than mine (which I dare say includes most of this audience!) to assume that we have always understood intellectual impairment as we do now, and that we have always acted in the knowledgeable and sensitive way that we all strive to do. If that is your assumption, then you are, I am afraid, wrong as the following pair of anecdotes may demonstrate.”

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Courts & Tribunals Judiciary, 14th February 2023

Source: www.judiciary.uk

Tommy Jessop: Why I investigated care for patients like me – BBC News

‘People with a learning disability are more than twice as likely to die from avoidable causes than the rest of the population. Actor Tommy Jessop and BBC Panorama investigated some of the stories of families who say they were let down by their medical care.’

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BBC News, 10th October 2022

Source: www.bbc.co.uk

A Response to the Criminal Justice Joint Evidence Review: Neurodiversity in the Criminal Justice System action plan – Ministry of Justice

‘In December 2020, the Lord Chancellor and Secretary of State for Justice commissioned HM Inspectorate of Prisons and HM Inspectorate of Probation, with support from HMICFRS, to undertake an independent review of neurodiversity in the criminal justice system (CJS).’

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Ministry of Justice, 30th June 2022

West Sussex council ordered to pay £2,000 to mother of child with special needs – BBC News

‘A mother of a child with special needs has been paid £2,000 by a council for failures involving his education, health and care plan. The mother – known as Ms C – turned to the Local Government & Social Care Ombudsman after making a complaint to West Sussex County Council. The ombudsman has upheld her complaint, according to the Local Democracy Reporting Service.’

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BBC News, 4th July 2022

Source: www.bbc.co.uk

Draft Mental Health Bill now published – Local Government Lawyer

Posted July 1st, 2022 in bills, detention, learning difficulties, mental health, news by tracey

‘Following a commitment given in the Queen’s Speech in May 2022, a draft Mental Health Bill has been brought forward this week (27 June 2022). Alex Ruck Keene sets out the main elements and highlights some key points.’

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Local Government Lawyer, 1st July 2022

Source: www.localgovernmentlawyer.co.uk

UK sperm donor with genetic condition banned from contacting children – The Guardian

Posted June 1st, 2022 in autism, children, deceit, families, health, learning difficulties, news by sally

‘A man with an incurable genetic condition who advertised his sperm to lesbians on social media has been banned from contacting some of the children he fathered as a result.’

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The Guardian, 31st May 2022

Source: www.theguardian.com

Re H [2022]EWFC 10: Guidance in Learning Disability Cases – Transparency Project

‘The Good Practice Guidance for working with parents with a learning disability was first published in 2007 by the Department of Health / Department for Education and Skills. Fifteen years and two revisions later, awareness of it remains patchy. In Re H [2022] EWFC 10 (19 January 2022), where the mother’s learning disability was a central feature of the case, the children’s social worker admitted that she was unfamiliar with the Guidance.’

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Transparency Project, 26th April 2022

Source: transparencyproject.org.uk

Neurodiversity and the Bar – Counsel

‘An introduction to neurodiversity and why the Bar ought to embrace it – by Oliver May.’

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Counsel, March 2022

Source: www.counselmagazine.co.uk

Judge gives guidance on care cases where parent has learning disability – Local Government Lawyer

‘A Family Court judge has given guidance on care cases where a parent has a learning disability, after deciding that a 17-month-old boy known as Child H should be the subject of a care order pending adoption because of his parents’ inability to care for him.’

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Local Government Lawyer, 7th April 2022

Source: www.localgovernmentlawyer.co.uk

High Court finds council in contempt of court over failure to comply with mandatory injunction on placement planning for autistic young man – Local Government Lawyer

‘A High Court judge has found Cardiff City Council in contempt of court over its failure to comply with a mandatory injunction in a case concerning future placement planning for a young man with a range of diagnoses including autistic spectrum disorder and severe communication and learning difficulties.’

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Local Government Lawyer, 1st April 2022

Source: www.localgovernmentlawyer.co.uk

Local authority ordered to pay 85% of costs of wasted Court of Protection hearing – Local Government Lawyer

‘A local authority that was seeking to restrict a woman’s access to social media has been ordered to pay 85% of the Official Solicitor’s costs after the council was late in submitting assessments and a position statement.’

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Local Government Lawyer, 22nd March 2022

Source: www.localgovernmentlawyer.co.uk

Cheshire family conned vulnerable relative out of £145k – BBC News

Posted March 15th, 2022 in families, fraud, learning difficulties, news, powers of attorney, sentencing by tracey

‘Three family members who stole almost £150,000 from a vulnerable relative to fund lavish holidays have been jailed.’

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BBC News, 14th March 2022

Source: www.bbc.co.uk

Lancaster mum wins legal fight for son’s kidney transplant – BBC News

‘A mother has won a legal battle to ensure her teenage son has the right to a potentially life-saving transplant.’

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BBC News, 8th March 2022

Source: www.bbc.co.uk

Research Briefing: Special Educational Needs: support in England – House of Commons Library

‘This House of Commons Library briefing sets out the system of support for children and young people in England aged 0-25 with special educational needs (SEN).’

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House of Commons Library , 1st March 2022

Source: commonslibrary.parliament.uk