Category: autism

Case Comment: Khan v Meadows [2021] UKSC 21 – UKSC Blog

Posted January 4th, 2023 in appeals, autism, causation, children, compensation, doctors, duty of care, families, negligence, news, pregnancy, Supreme Court by sally

‘In this post Rebecca Khan, a Legal Support Assistant at Matrix Chambers, comments on the case of Khan v Meadows [2021] UKSC 21 – handed down on the 18th of June 2021. This appeal raised important questions about the application of the scope of duty principle in clinical negligence cases. The judgment is handed down together with the court’s judgment in Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20.’

Full Story

UKSC Blog, 4th January 2023

Source: ukscblog.com

Council told to pay over £7k after failing to provide alternative education for autistic boy – Local Government Lawyer

Posted December 16th, 2022 in autism, children, compensation, delay, disabled persons, education, equality, local government, news, school children, special educational needs by tracey

‘An investigation by the Local Government and Social Care Ombudsman has found that Oxfordshire County Council failed to provide alternative education for a boy with autism for a year.’

Full Story

Local Government Lawyer, 15th December 2022

Source: www.localgovernmentlawyer.co.uk

Claimant wins judicial review challenge over “unlawful” level of Care Act support – Local Government Lawyer

Posted November 18th, 2022 in autism, carers, disabled persons, duty of care, judicial review, local government, news by tracey

‘An autistic woman has succeeded in a claim for judicial review against the London Borough of Croydon after a deputy High Court judge ruled that the council had failed to meet her needs contrary to the requirements of the Care Act 2014.’

Full Story

Local Government Lawyer, 17th November 2022

Source: www.localgovernmentlawyer.co.uk

Assault EW cases and the perverse effects of virtue-signalling legislation – Counsel

Posted November 10th, 2022 in assault, autism, emergency services, hospitals, imprisonment, mental health, news, police by sally

‘Defence lawyers are concerned that charging is frequently not in the public interest and that defendants with severe mental health problems and/or who are neurodivergent are being pointlessly swept into the criminal justice system, warns Penelope Gibbs.’

Full Story

Counsel, November 2022

Source: www.counselmagazine.co.uk

Neurodivergence in the CJS and the role of the Bar (1) – Counsel

Posted November 8th, 2022 in autism, barristers, criminal justice, disabled persons, diversity, dyslexia, news by sally

‘Thinking differently, engaging differently: the first of this two-part series by Dr Tom Smith looks at the experience of neurodivergent individuals in the criminal justice system and how barristers can mitigate/aggravate the challenges.’

Full Story

Counsel, November 2022

Source: www.counselmagazine.co.uk

Barrister who raped woman he met on Tinder jailed for four years – The Independent

Posted September 16th, 2022 in autism, barristers, consent, imprisonment, news, rape, sentencing, sexual offences by tracey

‘A barrister who laughed after forcing himself on his Tinder date has been jailed for four years for rape.’

Full Story

The Independent, 16th September 2022

Source: www.independent.co.uk

Windsor and Maidenhead council caused mother ‘serious distress’ over education – BBC News

Posted August 15th, 2022 in autism, compensation, education, local government, news, special educational needs by tracey

‘A council caused a mother “serious distress and anxiety” by failing to provide her daughter, who has special needs, with appropriate education for seven months. Royal Borough of Windsor and Maidenhead will pay the mother £5,250 in compensation for the failures.’

Full Story

BBC News, 15th August 2022

Source: www.bbc.co.uk

‘Cat ban’ case could provide Equality Act clarity for service providers – OUT-LAW.com

Posted June 7th, 2022 in animals, autism, disability discrimination, disabled persons, equality, food, food hygiene, health & safety, news by sally

‘A case brought by an autistic man against a UK supermarket chain for refusing entry to his assistance cat could help to clarify a complex area of equality law, according to one legal expert.’

Full Story

OUT-LAW.com, 6th June 2022

Source: www.pinsentmasons.com

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.’

Full Story

The Guardian, 31st May 2022

Source: www.theguardian.com

Neurodiversity and the Bar – Counsel

Posted April 8th, 2022 in autism, barristers, disabled persons, equality, learning difficulties, mental health, news by sally

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

Full Story

Counsel, March 2022

Source: www.counselmagazine.co.uk

Autistic girl, 14, unlawfully detained in hospital, high court judge finds – The Guardian

Posted April 6th, 2022 in autism, children, detention, hospitals, news, restraint by sally

‘A 14-year-old autistic girl was unlawfully detained in hospital and restrained in front of scared young patients, a high court judge has found.’

Full Story

The Guardian, 5th April 2022

Source: www.theguardian.com

Limiting the scope of psychiatric evidence in criminal trials – Case Analysis – R v BRM [2022] EWCA Crim 385 – 4 King’s Bench Walk

Posted April 6th, 2022 in appeals, autism, chambers articles, evidence, expert witnesses, mental health, murder, news, young offenders by sally

‘The case related to the murder of Ollie Stephens, the trial of which occurred at Reading Crown Court in June to July 2021 and was widely reported in the national media. Mr Raggatt and Mr Moss appeared on behalf of BRM, instructed by Heather Howe of Andrew Storch Solicitors, a 14 year-old boy, 13 at the time of the killing, with a longstanding diagnosis of Asperger’s/Autistic Spectrum Disorder (ASD). An intermediary assisted him throughout the trial and during the giving of evidence.’

Full Story

4 King's Bench Walk, 1st April 2022

Source: www.4kbw.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

Posted April 4th, 2022 in autism, contempt of court, disabled persons, injunctions, judicial review, learning difficulties, local government, news by sally

‘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.’

Full Story

Local Government Lawyer, 1st April 2022

Source: www.localgovernmentlawyer.co.uk

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

Posted March 9th, 2022 in autism, Court of Protection, learning difficulties, medical treatment, news, young persons by sally

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

Full Story

BBC News, 8th March 2022

Source: www.bbc.co.uk

Council agrees to pay £3,600+ over failure to secure significant part of SEN support for autistic boy – Local Government Lawyer

Posted February 18th, 2022 in autism, children, compensation, education, learning difficulties, local government, news, ombudsmen, school children, special educational needs by sally

‘A county council has agreed to pay more than £3,600 following a Local Government and Social Care Ombudsman (LGSCO) investigation into how a teenager on the autism spectrum was left without a significant proportion of his agreed special educational needs (SEN) support for up to three years.’

Full Story

Local Government Lawyer, 17th February 2022

Source: www.localgovernmentlawyer.co.uk

Court of Protection authorises vaccination of autistic boy despite parental objections – Local Government Lawyer

Posted January 11th, 2022 in autism, children, consent, coronavirus, Court of Protection, disabled persons, learning difficulties, news, vaccination by tracey

‘The benefits of vaccination against Covid-19 for a child with autism, severe learning disability and asthma “significantly outweigh” the possible risks, the Court of Protection has found, despite objections from the boy’s parents.’

Full Story

Local Government Lawyer, 10th January 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman recommends county council pay nearly £7k after boy left without education for two years – Local Government Lawyer

Posted January 10th, 2022 in autism, children, compensation, disabled persons, education, learning difficulties, local government, news, ombudsmen, school children, special educational needs by tracey

‘A boy with special education needs who received “virtually no” education for two years should be given £6,900 in compensation by Suffolk County Council, an investigation by the Local Government and Social Care Ombudsman has recommended.’

Full Story

Local Government Lawyer, 7th January 2022

Source: www.localgovernmentlawyer.co.uk

Dudley mum’s legal fight over autistic son’s conviction – BBC News

Posted January 10th, 2022 in appeals, autism, deportation, disability discrimination, disabled persons, imprisonment, Jamaica, joint enterprise, miscarriage of justice, news, robbery, sentencing by tracey

‘The mother of an autistic man jailed for robbery says she is fighting to clear his name after the justice system failed to understand his disability. Joan Martin said 23-year-old Osime Brown’s autism meant he was incapable of committing the offence, and claims he was not given fair process. She is working with lawyers, who allege institutional discrimination, to overturn a “miscarriage of justice”.’

Full Story

BBC News, 10th January 2022

Source: www.bbc.co.uk

Man who wore banned Palestine groups T-shirts in Jewish area gets suspended term – The Independent

Posted December 17th, 2021 in autism, community service, Judaism, news, proscribed organisations, sentencing, suspended sentences, terrorism by michael

‘A man who wore T-shirts supporting banned Palestinian groups among Jewish communities in north London has been handed a suspended jail sentence.’

Full Story

The Independent, 17th December 2021

Source: www.independent.co.uk

Capacity to engage in sexual relations: the relevance of the partner’s consent – UK Human Rights Blog

Posted November 29th, 2021 in appeals, autism, consent, Court of Protection, learning difficulties, local government, news, sexual offences, Supreme Court by tracey

‘A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (Appellant) – UKSC 2020/0133 Court of Appeal (Civil Division). The Supreme Court has upheld the Court of Appeal’s decision that to have capacity to engage in sexual relations, a person needs to be able to understand that their sexual partner must have the capacity to consent to the sexual activity and must, in fact, consent before and during the sexual activity.’

Full Story

UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com