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

‘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.’

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Local Government Lawyer, 7th January 2022

Source: www.localgovernmentlawyer.co.uk

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

‘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”.’

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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

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

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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

‘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.’

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UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Supreme Court hands down landmark ruling on capacity to consent to sexual relations – Local Government Lawyer

‘The Supreme Court has upheld a Court of Appeal decision that to have capacity to have sexual relations with another person, a person needs be aware that their partner must have the ability to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Local Government Lawyer, 24th November 2021

Source: www.localgovernmentlawyer.co.uk

100 people held more than 20 years in ‘institutions’ – BBC News

‘One hundred people with learning disabilities and autism in England have been held in specialist hospitals for at least 20 years, the BBC has learned. The finding was made during an investigation into the case of an autistic man detained since 2001.’

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BBC news, 25th November 2021

Source: www.bbc.co.uk

Does The Spectrum 10K Autism Study Endanger Human Rights? – Each Other

Posted November 1st, 2021 in autism, children, consent, DNA, human rights, medical ethics, mental health, news by tracey

‘Launched last month, Spectrum 10K is the UK’s largest study into autism to date. But according to campaigners, its ethics are questionable and autistic people are now calling for a boycott.’

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Each Other, 29th October 2021

Source: eachother.org.uk

CoA overturns ruling in sex-worker visit case – Law Society’s Gazette

‘Carers would be at risk of committing a criminal offence if they helped an autistic man visit a sex worker, the Court of Appeal has ruled, overturning what had been seen as a landmark ruling for people with learning disabilities and mental disorders.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

School’s failure to monitor internet use contributed to teenage girl’s suicide, coroner rules – The Independent

‘A school’s failure to sufficiently monitor the internet activity of an autistic teenage girl “contributed” to her suicide, a coroner has concluded.’

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The Independent, 7th October 2021

Source: www.independent.co.uk

Court of Protection approves Covid vaccine for man lacking capacity, but declines to authorise booster dose without another hearing – Local Government Lawyer

‘A Court of Protection judge has approved the giving of the first and second dose of a Covid-19 vaccination to a man who lacks capacity, but has declined to authorise in advance the administration of a booster dose.’

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Local Government Lawyer, 16th August 2021

Source: www.localgovernmentlawyer.co.uk

Abuse of disabled patients forces watchdog to close hospital – The Independent

‘A mental health hospital has been closed by the care watchdog after inspectors saw evidence of patients being abused. The Care Quality Commission (CQC) has forced the closure of Eldertree Lodge, in Staffordshire, which looked after more than 40 adults with learning disabilities and autism.’

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The Independent, 10th August 2021

Source: www.independent.co.uk

Supreme Court Revisits Wrongful Birth Claims – Quarterly Medical Law Review

‘In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort of negligence more generally. In particular, the court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies.’

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Quarterly Medical Law Review, 28th July 2021

Source: 1corqmlr.com

Khan (Respondent) v Meadows (Appellant) [2021] UKSC 21 – Hailsham Chambers

‘In this highly anticipated judgment, the Supreme Court unanimously dismissed the appeal and held that the Defendant doctor was only liable for losses which fell within the scope of her duty of care, thereby significantly reducing the damages recoverable by the Claimant.’

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Hailsham Chambers, 21st July 2021

Source: www.hailshamchambers.com

Autism: Number of people stuck in hospital ‘national scandal’ – BBC News

‘The government’s failure to reduce the number of autistic people confined to mental health units in England is a “national scandal”, a charity says.’

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BBC News, 14th July 2021

Source: www.bbc.co.uk

‘Staggeringly high’ number of people with autism on UK Prevent scheme – The Guardian

Posted July 7th, 2021 in autism, news, ombudsmen, statistics, terrorism, young offenders by sally

‘A “staggeringly high” number of people with autism are referred to the government’s anti-radicalisation Prevent programme, a terror laws watchdog will say, calling for discussion about terrorism cases in which the disability features.’

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The Guardian, 7th July 2021

Source: www.theguardian.com

Danyal Hussein found guilty of murdering two sisters in London park – The Guardian

Posted July 7th, 2021 in autism, families, internet, mental health, murder, news, young offenders by sally

‘A teenager has been convicted of the murder of two sisters in a London park last year whom he stabbed to death after coming through a government “deradicalisation” programme.’

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The Guardian, 6th July 2021

Source: www.theguardian.com

Supreme Court to hear next week key case on capacity to have sexual relations – Local Government Lawyer

‘The Supreme Court will next week (15 July) hear a case over whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Local Government Lawyer, 5th June 2021

Source: www.localgovernmentlawyer.co.uk

Meadows v Khan in the Supreme Court: Scope of Duty in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

‘In Meadows v Khan [2021] UKSC 21, the Supreme Court unanimously dismissed Ms Meadows’ appeal, finding that there was no principled basis for excluding a clinical negligence claim from the ambit of the ‘scope of duty principle’ in the tort of negligence. The judgment can be read here. This short blog looks at the majority’s reasoning.’

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Ropewalk Clinical Negligence Blog, 24th June 20201

Source: www.ropewalk.co.uk

Supreme Court Revisits Wrongful Birth Claims: an extended look — Robert Kellar QC and Owain Thomas QC – UK Human Rights Blog

‘In Khan v. Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort negligence more generally. In particular, the Court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies. In particular, it is not sufficient for a claimant to establish that – with competent advice – they would have made a different decision about their treatment or care. They must also demonstrate that the particular harm that they have suffered fell within the scope of the defendant’s duty of care.’

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UK Human Rights Blog, 24th June 2021

Source: ukhumanrightsblog.com

Court of Protection case update – Local Government Update

‘Aaqib Javed and Holly Littlewood review the latest cases of interest to Court of Protection practitioners.’

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Local Government Update, 25th June 2021

Source: www.localgovernmentlawyer.co.uk