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.’

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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

‘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”.’

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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.’

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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

‘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.’

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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

‘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.’

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The Independent, 8th November 2023

Source: www.independent.co.uk

Court of Protection case law update – Local Government Lawyer

Posted October 20th, 2023 in autism, Court of Protection, hospitals, local government, medical treatment, news by tracey

‘Lauren Gardner and Eleanor Suthern round up the latest rulings of interest to Court of Protection practitioners.’

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Local Government Lawyer, 20th October 2023

Source: www.localgovernmentlawyer.co.uk

Local authority challenges Tribunal costs awards decision following specialist school legal battle – Local Government Lawyer

‘East Sussex County Council has submitted a request for permission to appeal a decision ordering it to pay school fees costs to the family of a young autistic boy.’

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Local Government Lawyer, 29th September 2023

Source: www.localgovernmentlawyer.co.uk

Hospital watchdog takes action against NHS trust over patient safety concerns – The Independent

Posted September 22nd, 2023 in autism, health & safety, hospitals, learning difficulties, news, ombudsmen by tracey

‘Hospital regulators have taken enforcement action against an NHS trust after patients were found to have ingested batteries and screws amidst a catalogue of failings. The Care Quality Commission (CQC) upheld its “inadequate” rating of Brooklands hospital in Birmingham – which specialises in care for adults with autism and learning disabilities – after an inspection in March.’

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The Independent, 22nd September 2023

Source: www.independent.co.uk

Swansea: PC Jack Williams jailed for punching autistic man – BBC News

Posted September 22nd, 2023 in assault, autism, imprisonment, news, police, professional conduct, sentencing by tracey

‘A policeman who punched an autistic man in the head seven times during an arrest has been jailed for 12 weeks.’

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BBC News, 21st September 2023

Source: www.bbc.co.uk

Dialysis and different realities – the Court of Protection has to decide – Local Government Lawyer

‘In a recent ruling a senior judge has helpfully reminded us of the fact that a person with cognitive impairments may be operating within a very different reality to everyone else does not mean that it is a reality which can simply be ignored, writes Alex Ruck Keene KC (Hon).’

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Local Government Lawyer, 8th September 2023

Source: www.localgovernmentlawyer.co.uk

Employment status of Church of England curates: Green v Lichfield DBF – Law & Religion UK

‘In Reverend D Green v Lichfield Diocesan Board of Finance [2023] UKET 2409635/2022, the primary issue was the extent to which a stipendiary curate had standing to bring a claim before an Employment Tribunal.’

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Law & Religion UK, 25th August 2023

Source: lawandreligionuk.com

Autistic man should not be forced to have dialysis, judge rules – BBC News

Posted August 24th, 2023 in autism, consent, medical treatment, mental health, news by sally

‘An autistic man with “chronic” kidney disease should not be forced to undergo dialysis, despite the “potentially fatal consequence of not having it”, a judge has ruled.’

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BBC News, 23rd August 2023

Source: www.bbc.co.uk

Council fails in Upper Tribunal appeal over mentoring support during non-term time periods – Local Government Lawyer

‘The Upper Tribunal has found that a decision made by the First-tier Tribunal regarding autism mentoring support during non-term time periods did not involve an error on a point of law.’

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Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk

Public Law Newsletter – Spire Barristers

‘Public Law Newsletter July 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 27th July 2023

Source: www.spirebarristers.co.uk

Suitability appeal – don’t ignore evidence of need – Nearly Legal

‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’

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Nearly Legal, 28th July 2023

Source: nearlylegal.co.uk

Killer of Met police officer Sgt Matt Ratana given whole-life sentence – The Guardian

Posted July 28th, 2023 in autism, firearms, imprisonment, murder, news, police, sentencing by sally

‘A man has been sentenced to a whole-life order, meaning he will spend the rest of his life in prison, for the murder of Sgt Matt Ratana, whom he shot with a gun he smuggled into a custody centre while handcuffed.’

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The Guardian, 27th July 2023

Source: www.theguardian.com

Neurodiverse judicial candidate fails in tribunal claim – Law Society’s Gazette

‘A candidate for the bench has lost an employment tribunal claim against the Judicial Appointments Commission (JAC) over reasonable adjustments.’

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Law Society's Gazette, 19th July 2023

Source: www.lawgazette.co.uk

Hospital discharge and subsequent placement should be considered as separate matters when determining capacity: CoP – Local Government Lawyer

‘The Court of Protection has allowed an appeal against a decision that a woman lacked capacity to consent to discharge from hospital and to be placed in specified accommodation, saying that the discharge and placement offer should have been treated as separate matters.’

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Local Government Lawyer, 11th July 2023

Source: www.localgovernmentlawyer.co.uk

Teenager jailed for life for zombie knife murder – The Independent

‘A teenager who murdered another teenager with a 22-inch zombie knife in broad daylight has been jailed for at least 19 years.’

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The Independent, 27th June 2023

Source: www.independent.co.uk

Claimant win High Court battle over social and life skills activities and disability related expenditure – Local Government Lawyer

Posted June 22nd, 2023 in autism, budgets, disabled persons, local government, news by tracey

‘The Royal Borough of Windsor & Maidenhead has lost a High Court case over whether a 25-year-old man with autism can count his social and life skills activities as disability related expenditure (DRE).’

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Local Government Lawyer, 22nd June 2023

Source: www.localgovernmentlawyer.co.uk