Council loses High Court battle over level of support for disabled young woman – Local Government Lawyer

‘The London Borough of Southwark has lost a High Court case over a disabled young woman’s care plan after a judge found aspects of the council’s case to be materially flawed or erroneous.’

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Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

The Legal Aid Funding Gap Could ‘Push Millions Into Poverty’. What Can We Do? – Each Other

Posted July 28th, 2020 in bereavement, carers, disabled persons, human rights, law centres, legal aid, news by sally

‘“There is no way on heaven and earth that I would have been able to [fight my case] in the state I was, I would have just fallen through,” says Michael, whose wife Pauline tragically passed away from a progressive degenerative condition in July 2017.’

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Each Other, 27th July 2020

Source: eachother.org.uk

Circuit poll: Barristers set to quit if court hours are extended – Legal Futures

Posted July 28th, 2020 in barristers, carers, coronavirus, courts, news, women, working time by sally

‘Some 55% barristers would consider leave the Bar if the courts adopt extended operating hours (EOH) and they could set back female barristers’ progress by 50 years, research has found.’

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Legal Futures, 27th July 2020

Source: www.legalfutures.co.uk

BSB defends online exams after students raise discrimination concerns – Law Society’s Gazette

‘The Bar Standards Board has defended its decision to move exams online, saying “there was simply not enough time” to consult widely about the change. Students have claimed the computer-based assessments will discriminate against women, carers and disabled candidates.’

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Law Society's Gazette, 19th June 2020

Source: www.lawgazette.co.uk

Now That We Care About Carers: Temporal Casualisation in Mencap and Uber – Oxford Human Rights Hub

Posted April 28th, 2020 in carers, coronavirus, minimum wage, news, Supreme Court, taxis by sally

‘A few weeks before the lockdown, one of the most important UK labour law cases of the last decade was heard by the Supreme Court. Royal Mencap Society v Tomlinson Blake has not attracted the attention paid to the Uber litigation, also to reach the Supreme Court later this year. Yet Mencap will have significant ramifications for a segment of the British workforce at the front line of the coronavirus response, namely care workers.’

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Oxford Human Rights Hub, 27th April 2020

Source: ohrh.law.ox.ac.uk

Full-time carer crowd funds investigation into legal challenge over failure to increase Carer’s Allowance during coronavirus pandemic – Local Government Lawyer

Posted April 17th, 2020 in benefits, carers, coronavirus, disabled persons, families, news by sally

‘A mother who cares full-time for her severely disabled daughter is crowdfunding an investigation into the potential for a legal challenge over the government’s decision not to increase the Carer’s Allowance in line with other benefits in response to the COVID-19 outbreak.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Sarah Witham (as Executrix of the Estate of Neil Witham, deceased) v Steve Hill Ltd. What counts as a dependency under the 1976 Act and how should you value it? – 12 King’s Bench Walk

‘Neil Witham died at the age of 55 from mesothelioma leaving behind his wife (the Claimant) and his two foster children. At the heart of the dispute between the parties in this case was the width and breadth of the Fatal Accidents Act 1976 and the proper method to quantify the dependency if it fell within the scope of the Act.’

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12 King's Bench Walk, 14th February 2020

Source: www.12kbw.co.uk

“Chilling” failures to comply with the Mental Capacity Act – Doughty Street Chambers

‘In A (Fact-Finding), HHJ Clayton strongly criticised, and awarded costs against, a local authority and Clinical Commissioning Group after their pursuit of a fundamentally flawed approach to the best interests of P, a young man with a severe global delay, who was unable to communicate verbally.’

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Doughty Street Chambers, 20th January 2020

Source: insights.doughtystreet.co.uk

Supreme Court ruling in Patel on Zambrano Carers – Richmond Chambers

Posted January 9th, 2020 in carers, citizenship, EC law, news, social security, Supreme Court by sally

‘The Supreme Court delivered its long anticipated judgment on Zambrano carers in Patel v Secretary of State for the Home Department [2019] UKSC 59 on 16 December 2019.’

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Richmond Chambers, 1st January

Source: immigrationbarrister.co.uk

Ombudsman raps council for taking 21 months to reassess care needs of vulnerable woman – Local Government Lawyer

Posted November 1st, 2019 in carers, delay, disabled persons, local government, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman (LGO) has criticised a council for taking 21 months to carry out a reassessment of a vulnerable woman’s care needs.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

Report on special guardianship orders urges changes in mindset, regulations and protocols – Local Government Lawyer

Posted August 16th, 2019 in carers, children, guardianship, news, reports by tracey

‘The Nuffield Family Justice Observatory has called for major changes to special guardianship orders (SGOs) to ensure that family members who become carers have direct experience beforehand of looking after the child concerned. Its research review was undertaken in response to the Court of Appeal’s call for authoritative, evidence-based guidance for the use of SGOs.’

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Local Government Lawyer,16th August 2019

Source: www.localgovernmentlawyer.co.uk

Court of Protection issues ruling in test case on appointment of personal welfare deputies – Local Government Lawyer

‘A Court of Protection judge has clarified the circumstances in which family members may become personal welfare deputies for people aged over 18, calling for the Code of Practice under the Mental Capacity Act 2005 to be redrafted.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Homeless family ‘can’t use £500,000 trust fund’ – BBC News

‘A woman awarded £500,000 after being left with severe physical and mental disabilities is homeless after her mother was barred from buying them a home with the money.’

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BBC News, 14th January 2018

Source: www.bbc.co.uk

Social services under fire after boy placed into foster care before grandparents knew he was born – The Indepdendent

Posted November 8th, 2018 in carers, children, family courts, fostering, grandparents, news, social services by tracey

‘A family court judge has criticised a council’s social services department after it emerged that a little boy was placed with foster carers when grandparents who might have offered a home were unaware of his existence.’

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The Indepdendent, 7th November 2018

Source: www.independent.co.uk

Legislating on loneliness: limitless or lonesome? – Family Law

Posted November 7th, 2018 in carers, elderly, mental health, news, social services by sally

‘Olwen Dutton, partner at Anthony Collins Solicitors LLP, discusses the key aspects of the government’s loneliness strategy. Dutton also considers any potential ethical issues stemming from the social prescription aspect of the strategy, whereby GPs will be able to refer patients who are experiencing loneliness to community activities and voluntary services.’

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Family Law, 6th November 2018

Source: www.familylaw.co.uk

Woman with learning difficulties not told she had contraceptive device covertly fitted – Daily Telegraph

‘A young woman with learning difficulties should not be told she was covertly fitted with a contraceptive device as it would ruin her trust in her carers, a court has ruled.’

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Daily Telegraph, 18th October 2018

Source: www.telegraph.co.uk

UK carers face fines and fraud charges because of overpaid benefit – The Guardian

Posted October 8th, 2018 in benefits, carers, fraud, news, prosecutions by sally

‘More than a thousand carers face being prosecuted for fraud as the government attempts to claw back overpayments to people who have been looking after sick and elderly relatives from the poorest communities, the Guardian has been told.’

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The Guardian, 7th October 2018

Source: www.theguardian.com

Be lenient to parents who abuse their own children if they also care for them, judges told – Daily Telegraph

Posted September 6th, 2018 in carers, child abuse, families, news, sentencing by tracey

‘Parents who abuse their own children should be given leniency if they also care for the child, the Sentencing Council has said. Judges should consider not sending parents to prison if they are the “sole or primary carer” for their children because of the impact this could have on the victim, new guidelines say.’

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Daily Telegraph, 6th september 2018

Source: www.telegraph.co.uk

Attorney retrospective approval of gifts from donor accounts – Family Law

Posted July 23rd, 2018 in attorney general, carers, gifts, news, volunteers by tracey

‘What are the rules governing retrospective approval of gifts and payments for voluntary care? Simon Edwards, barrister at 39 Essex Chambers, discusses Re HH (attorney’s application for retrospective approval) [2018] EWCOP 13 which demonstrates the necessity for someone who has power of attorney to retain proper records of care payments.’

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Family Law, 20th July 2018

Source: www.familylaw.co.uk

Widowed father ordered to leave UK against advice of Home Office’s own lawyers – The Guardian

Posted July 16th, 2018 in bereavement, carers, children, immigration, news, terrorism by tracey

‘A widower who is the sole carer of his four-year-old son has been forbidden to work and ordered to leave the country – even though the Home Office’s own lawyers advised them to drop the case.’

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The Guardian, 16th July 2018

Source: www.theguardian.com