Education Newsletter – 39 Essex Chambers

‘The Winter edition of 39 Essex Chambers’ Education Newsletter is now available.’

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39 Essex Chambers, November 2019

Source: www.39essex.com

Disabled workers paid 12% less, ‘damning’ UK official figures show – The Guardian

‘Disabled people continue to face prejudice in the workplace campaigners have said, after latest government figures showed they were paid on average 12.2% less than those without impairments, equivalent to £1.48 an hour.’

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The Guardian, 2nd December 2019

Source: www.theguardian.com

Vulnerable witnesses and parties in the Family Courts – Local Government Lawyer

Posted November 22nd, 2019 in children, disabled persons, family courts, mental health, news, witnesses by tracey

‘Natalie Cross summarises important guidance on the approach to be taken to vulnerable witnesses and parties in the Family Courts.’

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Local Government Lawyer, 22nd November 2019

Source: www.localgovernmentlawyer.co.uk

UK government loses supreme court fight over bedroom tax – The Guardian

Posted November 14th, 2019 in benefits, disabled persons, housing, human rights, news, Supreme Court by tracey

‘The supreme court has ruled against the UK government’s attempts to force the bedroom tax on 155 partners of people with severe disabilities, in a decision that will hamper ministerial attempts to water down human rights legislation.’

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The Guardian, 13th November 2019

Source: www.theguardian.com

Call for reform of pupil exclusions ‘as schools unaware of legal duties’ – The Guardian

The law reform group Justice has called for a radical overhaul of exclusions amid concerns that too many schools do not fully understand their legal duties and that the appeal process available to parents wishing to challenge an exclusion is inadequate.

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The Guardian, 11th November 2019

Source: www.theguardian.com

‘Dangerous’ government advert for universal credit ruled misleading by watchdog – The Independent

Posted November 6th, 2019 in advertising, benefits, complaints, disabled persons, news by sally

‘A complaint that a government advert extolling the benefits of universal credit was misleading, and thus “dangerous to the health and financial security of disabled people”, has been upheld by the UK’s advertising watchdog.’

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The Independent, 6th November 2019

Source: www.independent.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

The limits of the inherent jurisdiction (1) – Local Government Lawyer

‘Mr Justice Cobb recently handed down two important decisions on the scope of the inherent jurisdiction at the border of the Mental Capacity Act 2005. In the first of two articles on these rulings, the Court of Protection team at 39 Essex Chambers examine a case concerning a young adult and the use of the inherent jurisdiction to authorise deprivations of liberty where there is no statutory framework in place.’

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Local Government Lawyer, 11th October 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal orders council to pay cost of attendance of young woman at weekly placement – Local Government Lawyer

‘The Court of Appeal has ruled that North East Lincolnshire Council should have paid the cost of a disabled young woman attending a weekly placement, overturning an earlier High Court decision.’

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Local Government Lawyer, 11th October 2019

Source: www.localgovernmentlawyer.co.uk

Violent hate crime against disabled has risen by 41 per cent in the last year, figures suggest – The Independent

Posted October 10th, 2019 in disabled persons, hate crime, news, statistics, violence, violent offenders by tracey

‘Disability hate crime involving violence has risen by 41 per cent in the last year, figures suggest.’

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The Independent, 9th October 2019

Source: www.independent.co.uk

Families lose challenge over special-needs funding – BBC News

Posted October 8th, 2019 in budgets, disabled persons, judicial review, news, special educational needs by tracey

‘Three families who challenged the government over its approach to special needs and disability (Send) funding have lost their case at the High Court.’

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BBC News, 7th October 2019

Source: www.bbc.co.uk

Mother sentenced for making false disability claims for her son who was in the Philippines – Crown Prosecution Service

Posted October 3rd, 2019 in benefits, children, disabled persons, families, fraud, news, sentencing by tracey

‘A woman who claimed her son was living in the loft when he had moved to the Philippines has been sentenced for dishonestly claiming thousands of pounds of benefits for him.’

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Crown Prosecution Service, 1st October 2019

Source: www.cps.gov.uk

Supreme Court considers parental responsibility and deprivation of liberty – Family Law Week

‘The Supreme Court, by a majority of three to two, has held, in D (A Child) [2019] UKSC 42, a case concerning a young person lacking mental capacity, that there is no scope for the operation of parental responsibility to authorise what would otherwise be a violation of a fundamental human right of a child, that is his liberty.’

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Family Law Week, 26th September 2019

Source: www.familylawweek.co.uk

Mum faced £10k bill to move from rapist neighbour – BBC News

Posted September 20th, 2019 in disabled persons, fees, housing, local government, news, ombudsmen, rape, victims by sally

‘A mother who discovered her disabled daughter’s rapist had moved next door was told she would have repay £10,000 to a council to leave her property.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

The extent of the inherent jurisdiction – Local Government Lawyer

Posted September 6th, 2019 in alcohol abuse, disabled persons, jurisdiction, local government, mental health, news by tracey

‘Christine Cooper reports on an unusual inherent jurisdiction case that recently went before a High Court judge.’

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Local Government Lawyer, 6th September 2019

Source: www.localgovernmentlawyer.co.uk

‘Passive’ civil courts urged to improve handling of vulnerable parties – Law Society’s Gazette

‘Rules should be updated, judicial training improved and court rooms rejigged to cater for parties with mental health conditions and other vulnerabilities in civil proceedings.’

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Law Society's Gazette, 5th September 2019

Source: www.lawgazette.co.uk

Nottingham’s Queen’s Medical Centre failings led to girl’s sepsis death – BBC News

‘A series of hospital failings contributed to the death of a five-year-old girl who died from toxic shock syndrome, an inquest jury has found.’

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BBC News, 4th September 2019

Source: www.bbc.co.uk

SEND reforms have “failed to make system less adversarial for parents” – Local Government Lawyer

Posted September 4th, 2019 in budgets, children, disabled persons, news, special educational needs by sally

‘A key aim of the SEND (special educational needs and disability) reforms introduced in England five years ago – to make the system feel less adversarial for parents – has not been achieved in relation to children with speech, language and communication needs (SLCN), it has been claimed.’

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Local Government Lawyer, 3rd September 2019

Source: www.localgovernmentlawyer.co.uk

Carer sentenced for having sex with ‘vulnerable’ client – BBC News

‘A carer with learning difficulties who had sex with a “vulnerable” client should not have been working in the care industry, a court heard.’

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BBC News, 20th August 2019

Source: www.bbc.co.uk

Breach of PSED and consequences for possession – Nearly Legal

‘The Court of Appeal considers the effect of an admitted breach of the Public Sector Equality Duty under s.149 Equality Act 2010 on possession proceedings.’

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Nearly Legal, 18th August 2019

Source: nearlylegal.co.uk