autism – Current Awareness

Teenager with significant support needs left days from homelessness due to ‘unfathomable’ council failings: Ombudsman – Local Government Lawyer

Posted August 27th, 2024 in autism, community care, homelessness, local government, news, ombudsmen, special educational needs by tracey

‘The Local Government and Social Care Ombudsman (LGSCO) has found fault in the actions of Devon County Council after it left a teenager with needs including Autism and ADHD less than a week away from being made homeless because the council had not decided where he should live when he became 18.’

Local Government Lawyer, 22nd August 2024

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal allows appeal as it could not be inferred First TierTribunal had considered child’s view about appropriateness of local authority’s preferred school – Local Government Lawyer

Posted August 5th, 2024 in autism, local government, news, school admissions, school children, special educational needs by tracey

‘The Upper Tribunal has allowed an appeal made by the parents of a 7-year-old boy with autism, finding that a decision by the First-tier tribunal did not take the child’s negative feelings about the local authority preferred school into account, which was an error of law.’

Local Government Lawyer, 2nd August 2024

Source: www.localgovernmentlawyer.co.uk

Constructive Knowledge of Neurodiversity – A Reminder of the Correct Test to be Applied – Parklane Plowden Chambers

Posted July 31st, 2024 in autism, chambers articles, disability discrimination, disabled persons, employment tribunals, news, recruitment by sally

‘The EAT handed down its judgment in the case of Godfrey v Natwest Markets plc [2024] EAT 81 on 24 May 2024.’

Parklane Plowden Chambers, 27th June 2024

Source: www.parklaneplowden.co.uk

A delicate balance – Local Government Lawyer

Posted July 5th, 2024 in autism, care homes, Court of Protection, families, learning difficulties, local government, medicines, news by michael

‘When is it in the best interests of an adult without capacity to be separated from her mother and covertly administered medication? A recent decision at the Court of Protection provides some guidance.’

Legal Futures, 5th July 2024

Source: www.localgovernmentlawyer.co.uk

Naoise Coakley: “You could be waiting forever”: Managing Autism Assessment Waiting Lists – Essex CAJI

Posted July 3rd, 2024 in autism, disabled persons, human rights, judicial review, local government, news, pilot schemes by sally

‘In 2023, the York Disability Rights Forum announced their intention to bring judicial review proceedings against the Humber and North Yorkshire Integrated Care Board on the basis that its adult autism and ADHD assessment pilot pathway was unlawful. The pilot had been introduced in March 2023 in response to increasing numbers of adults seeking an assessment, a growing waiting list, and an existing system which could not keep up. Effectively, the pilot introduced narrowed eligibility criteria so that only adults who were considered ‘at-risk’ were added to the waiting list for an assessment. All other adults could be placed on another waiting list with no end date, and no guarantee of an assessment. The York Disability Rights Forum says that this pilot restricts the rights of neurodivergent people from gaining diagnosis, and may violate the right to family and private life protected under Article 8 of the European Convention of Human Rights.’

Essex CAJI, 2nd July 2024

Source: essexcaji.org

The test for ceasing to maintain an EHCP – Local Government Lawyer

Posted July 1st, 2024 in autism, children, disabled persons, education, local government, news, school children, special educational needs by tracey

‘Abby Buttle reports on a successful appeal to the Upper Tribunal on the test for ceasing to maintain an Education, Health and Care Plan (EHCP).’

Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

Tribunal “erred in law” by failing to recognise young person lacked capacity to litigate and failing to appoint his mother as alternative person – Local Government Lawyer

Posted June 28th, 2024 in appeals, autism, children, disabled persons, education, families, local government, news, school children, special educational needs, tribunals, young persons by sally

‘An Upper Tribunal judge has ruled that the First-tier Tribunal “erred in law” by failing to recognise that a young person lacked capacity to litigate and consequently his mother should have been appointed as his alternative person.’

Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

Pupils mocked and put in headlocks by school staff – BBC News

Posted June 18th, 2024 in autism, child cruelty, news, restraint, school children, special educational needs by tracey

‘A senior staff member at an independent school for children with special educational needs has been recorded by BBC Panorama saying how he wanted to drown a pupil in a bath “like a kitten”.
An undercover reporter spent almost seven weeks at Life Wirral in Wallasey and witnessed staff using offensive language to mock pupils for their neurodiversity or learning disabilities, as well as manhandling them into dangerous headlocks.’

BBC news, 17th June 2024

Source: www.bbc.co.uk

Parents win fresh hearing of claim of failure to make reasonable adjustments to delivery of curriculum – Local Government Lawyer

Posted June 10th, 2024 in appeals, autism, children, disability discrimination, disabled persons, education, equality, families, local government, news, school children, tribunals by tracey

‘The First Tier Tribunal “materially erred in law” in its determination of reasonable adjustments claims brought by parents in relation to their daughter.’

Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Neurodiversity in academic misconduct: considerations for accessibility, equity and inclusion – Kingsley Napley Regulatory Blog

Posted May 24th, 2024 in artificial intelligence, autism, chambers articles, disability discrimination, disabled persons, equality, news, professional conduct, universities by sally

‘As artificial intelligence technologies (“AI”) progress, universities face heightened pressure to detect and address academic dishonesty, including plagiarism and collusion. Receiving an allegation of academic misconduct is a difficult experience for any student, but for neurodivergent students, this process can add layers of complexity and emotional strain.’

Kingsley Napley Regulatory Blog, 20th May 2024

Source: www.kingsleynapley.co.uk

Greater support for neurodivergent offenders in bid to cut crime – Ministry of Justice

Posted May 20th, 2024 in autism, criminal justice, disabled persons, imprisonment, learning difficulties, mental health, news, prisons, recidivists, rehabilitation by tracey

‘Staff dedicated to helping neurodivergent offenders are now in place in all public prisons in England and Wales.’

Ministry of Justice, 16th May 2024

Source: www.gov.uk

Diverse minds, Diverse decisions: How is neurodiversity considered in the Family Justice System? – Kingsley Napley Family Law Blog

Posted May 9th, 2024 in autism, children, families, family courts, news by sally

‘Amidst the growing awareness and understanding of neurodiversity in the UK, there has been a notable surge in adults and children being diagnosed with conditions like autism and attention deficit/hyperactivity disorder (ADHD) in particular. It is estimated that around 1 in 7 people in the UK are neurodivergent. This cultural shift has left parents and families navigating the family justice system increasingly curious about how their, their spouse or their child’s neurodiversity will factor into the court’s decision-making process. This blog will address if and how the family justice system accounts for a parent or child’s neurodiversity in children proceedings and financial remedy proceedings.’

Kingsley Napley Family Law Blog, 8th May 2024

Source: www.kingsleynapley.co.uk

Neurodivergent lawyers let down across legal sector, finds survey – Law Society’s Gazette

Posted May 7th, 2024 in autism, disability discrimination, disclosure, legal profession, news, statistics by tracey

‘More than three-quarters of neurodivergent lawyers have not disclosed their condition to employers to avoid discrimination, a survey has found.’

Law Society's Gazette, 3rd May 2024

Source: www.lawgazette.co.uk

Family lawyers join forces to support neurodivergent community – Law Society’s Gazette

Posted April 4th, 2024 in autism, family courts, legal advice, legal profession, news, special educational needs by tracey

‘Family lawyers from different firms and chambers have joined forces to set up a specialist group dedicated to ensuring the neurodivergent community has equal access to justice.’

Law Society's Gazette, 3rd April 2024

Source: www.lawgazette.co.uk

Council decision on needs of teenager quashed in High Court after failure to assess “all relevant considerations” – Local Government Lawyer

Posted March 21st, 2024 in autism, children, disabled persons, judicial review, local government, news, special educational needs by sally

‘A High Court judge has quashed a council’s decision in relation to the needs of a teenage boy, after it failed to assess “all relevant considerations” having departed from recommendations by the SEND tribunal.’

Local Government Lawyer, 20th March 2024

Source: www.localgovernmentlawyer.co.uk

Judge in Court of Protection declines request for judicial visit due to risk of “unconscious bias” – Local Government Lawyer

Posted March 12th, 2024 in autism, bias, Court of Protection, judiciary, news, practice directions by tracey

‘A judge sitting in the Court of Protection has declined to meet the applicant in advance of a capacity hearing, over concerns that a judicial visit “may influence decision making” and cause unfairness to the parties.’

Local Government Lawyer, 12th March 2024

Source: www.localgovernmentlawyer.co.uk

High Court authorises deprivation of liberty of seven-year-old child in registered children’s home – Local Government Lawyer

Posted March 1st, 2024 in autism, care orders, children, deprivation of liberty safeguards, disabled persons, families, family courts, local government, news by sally

‘The High Court has granted a local authority’s application to deprive a seven-year-old boy of his liberty, with directions to use the “minimum degree of force or restraint required”.’

Local Government Lawyer, 1st March 2024

Source: www.localgovernmentlawyer.co.uk

News focus: How well are neurodiverse people supported in the profession? – Law Society’s Gazette

Posted February 27th, 2024 in autism, disabled persons, diversity, legal profession, news by tracey

‘As volunteer group Neurodiversikey launches a survey to find out how much support neurodiverse people in the law receive, three legal figures recount the anxiety of training and trying to fit in.’

Law Society's Gazette, 27th February 2024

Source: www.lawgazette.co.uk

My heart breaks – solitary confinement in hospital has no therapeutic benefit for people with a learning disability and autistic people – Mental Capacity Law and Policy

Posted November 9th, 2023 in autism, children, detention, disabled persons, government departments, hospitals, learning difficulties, news by sally

‘Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme for people with a learning disability and autistic people in inpatient settings. In fact the final report was completed in July 2023, but was not published until 8 November 2023, alongside the Government’s responses.’

Mental Capacity Law and Policy, 9th November 2023

Source: www.mentalcapacitylawandpolicy.org.uk

End solitary confinement for children and limit it for adults, review demands – The Independent

Posted November 9th, 2023 in autism, children, detention, disabled persons, government departments, hospitals, learning difficulties, news by sally

‘Autistic children and those with a learning disability should never be subjected to long-term segregation in hospital – and its use should be “severely curtailed” for adults, a review has recommended.’

The Independent, 8th November 2023

Source: www.independent.co.uk

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