Barrister “ineligible for judicial posts” fails in JAC discrimination claim – Legal Futures

‘An employment tribunal has struck out a discrimination claim brought by a disabled barrister over his failed applications for judicial appointment because he was not eligible for the posts he sought.’

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Legal Futures, 9th September 2024

Source: www.legalfutures.co.uk

Employment tribunal orders justice secretary to pay court worker £27,000 – Law Society’s Gazette

‘A magistrates court’s administration officer has been awarded more than £27,000 after succeeding in her disability discrimination employment tribunal claim against the secretary of state for justice.’

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Law Society's Gazette, 3rd September 2024

Source: www.lawgazette.co.uk

Firm “did not know solicitor was disabled” when it withdrew job offer – Legal Futures

‘A legal business did not know a solicitor was disabled and had bipolar disorder when it decided to withdraw his job offer, an employment tribunal has ruled.’

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Legal Futures, 20th August 2024

Source: www.legalfutures.co.uk

Tribunal allows solicitor to continue with ‘unfair work allocation’ claim – Legal Futures

‘A solicitor can continue a claim that he was unfairly dismissed for blowing the whistle about biased work allocation practices at a law firm, a judge has ruled.’

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Legal Futures, 19th August 2024

Source: www.legalfutures.co.uk

Part-time paralegal succeeds in employment tribunal over ‘sham’ redundancy exercise – Law Society’s Gazette

‘A paralegal, who could not work full-time due to her disability, has succeeded in an employment claim after a judge found she was made redundant for being a part-time employee.’

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Law Society's Gazette, 16th August 2024

Source: www.lawgazette.co.uk

London woman’s death after eating laundry pods prompts coroner’s warning – The Guardian

Posted August 19th, 2024 in coroners, disabled persons, elderly, food, inquests, news by tracey

‘A coroner has issued a warning after a 93-year-old woman with dementia died after eating toxic laundry capsules she may have mistaken for sweets because of their bright packaging.’

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The Guardian, 18th August 2024

Source: www.theguardian.com

Claimant wins High Court challenge to council over failure to secure suitable accommodation, conduct lawful assessment of children – Local Government Lawyer

‘The London Borough of Bexley failed to secure suitable accommodation for claimant ZRR in breach of section 190 of the Housing Act 1996 and failed to conduct a lawful needs assessment of her children under section 17 of the Children Act 1989, the High Court has found.’

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Local Government Lawyer, 15th August 2024

Source: www.localgovernmentlawyer.co.uk

Housing case law update – June & July 2024 – Local Government Lawyer

‘Karen Smith, Sarah Christy and Emily Howe round up the latest cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 7th August 2024

Source: www.localgovernmentlawyer.co.uk

Headteacher paid damages in disability discrimination case against Ofsted – The Guardian

‘A primary school headteacher with multiple sclerosis (MS) has been paid damages in a landmark disability discrimination case against Ofsted, after her request to postpone an inspection over a relapse in her symptoms was refused.’

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The Guardian, 1st August 2024

Source: www.theguardian.com

Constructive Knowledge of Neurodiversity – A Reminder of the Correct Test to be Applied – Parklane Plowden Chambers

‘The EAT handed down its judgment in the case of Godfrey v Natwest Markets plc [2024] EAT 81 on 24 May 2024.’

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Parklane Plowden Chambers, 27th June 2024

Source: www.parklaneplowden.co.uk

Towards a rights-based approach for disabled women’s access to abortion – Medical Law Review

Posted July 29th, 2024 in abortion, disabled persons, human rights, mental health, news by sally

‘This article adds to the still limited scholarship on the impact of abortion laws and policies on people with disabilities and those with diminished capacity who seek abortion. We argue that neither the legal nor policy framework currently operating in England and Wales adequately incorporates and protects the rights of people with disabilities or those experiencing mental ill-health. Rather, the law and policy framework jeopardizes their reproductive agency. We argue that greater attention to and incorporation of standards contained within the UN Convention on the Rights of Persons with Disabilities (including the sources produced by its Committee) and implementation of guidelines produced by the World Health Organization would result in a rights-affirming framework that supports disabled women’s reproductive agency, enhances their effective enjoyment of human rights, and supports them in accessing quality abortion care.’

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Medical Law Review, 17th July 2024

Source: academic.oup.com

The inherent jurisdiction, Article 3 ill-treatment, and the limits of the State’s obligations – Mental Capacity Law and Policy

‘How far can the State be expected to go in seeking to secure the rights of those in challenging situations? A few months after this issue was looked at (albeit slightly curiously) from the perspective of Article 2 ECHR in R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin), Gywnneth Knowles J has looked at it from the perspective of Article 3 ECHR. In Re P (Vulnerable Adult: Withdrawal of Application) [2024] EWHC 1882 (Fam), she was asked to consider the question of whether she should continue to use the powers of the High Court to compel a 29 year old woman to live apart from her father.’

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Mental Capacity Law and Policy, 28th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Disabled man was left without care after council failures – BBC News

Posted July 23rd, 2024 in community care, compensation, delay, disabled persons, local government, news by tracey

‘A disabled man suffered “significant distress” after a council’s failings left him without care, according to a report.’

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BBC News, 23rd July 2024

Source: www.bbc.co.uk

Disabled children denied education right – report – BBC News

Posted July 16th, 2024 in disabled persons, news, reports, special educational needs, Wales by tracey

‘Many children with disabilities or additional learning needs are being denied the right to an education, a report has found.’

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BBC News, 16th July 2024

Source: www.bbc.co.uk

MoD to compensate thousands of veterans over hearing loss – BBC News

‘Thousands more ex-servicemen and women will receive compensation for hearing loss suffered during training or combat, the BBC has learned.’

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BBC News, 8th July 2024

Source: www.bbc.co.uk

New practice guide: Supporting children and young people with communication needs – Family Law

‘Communication difficulties are a core characteristic for people with a learning disability. A new four-part practice guide aims to enable decision-making by children and young people with speech, language and communication needs (SLCN).

The practice guide offers guidance, tips and practice pointers for practitioners to involve a child or young person with SLCN in making decisions about their lives. The primary focus is to ensure the voices of children and young people with SLCN are heard.’

Full guide

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Family Law, 8th July 2024

Source: www.familylaw.co.uk

Council failed over duty to save care home – BBC News

‘A council should have done more to prevent the closure of a care home for people with learning disabilities, an investigation has found.’

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BBC News, 8th July 2024

Source: www.bbc.co.uk

Naoise Coakley: “You could be waiting forever”: Managing Autism Assessment Waiting Lists – Essex CAJI

‘In 2023, the York Disability Rights Forum announced their intention to bring judicial review proceedings against the Humber and North Yorkshire Integrated Care Board on the basis that its adult autism and ADHD assessment pilot pathway was unlawful. The pilot had been introduced in March 2023 in response to increasing numbers of adults seeking an assessment, a growing waiting list, and an existing system which could not keep up. Effectively, the pilot introduced narrowed eligibility criteria so that only adults who were considered ‘at-risk’ were added to the waiting list for an assessment. All other adults could be placed on another waiting list with no end date, and no guarantee of an assessment. The York Disability Rights Forum says that this pilot restricts the rights of neurodivergent people from gaining diagnosis, and may violate the right to family and private life protected under Article 8 of the European Convention of Human Rights.’

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Essex CAJI, 2nd July 2024

Source: essexcaji.org

The test for ceasing to maintain an EHCP – Local Government Lawyer

‘Abby Buttle reports on a successful appeal to the Upper Tribunal on the test for ceasing to maintain an Education, Health and Care Plan (EHCP).’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

Tribunal “erred in law” by failing to recognise young person lacked capacity to litigate and failing to appoint his mother as alternative person – Local Government Lawyer

‘An Upper Tribunal judge has ruled that the First-tier Tribunal “erred in law” by failing to recognise that a young person lacked capacity to litigate and consequently his mother should have been appointed as his alternative person.’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk