Panayiotou v Waltham Forest LBC; Smith v Haringey LBC – Arden Chambers

Posted October 20th, 2017 in disabled persons, homelessness, housing, local government, mental health, news by sally

‘The Court of Appeal has held that whether a person has a priority need for accommodation by reason of vulnerability requires consideration of whether he is “significantly” more vulnerable in a way that is relevant to his ability to deal with the consequences of homelessness; the question is qualitative, not quantitative.’

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Arden Chambers, 19th October 2017

Source: www.ardenchambers.com

Blind burglar jailed for his 192nd offence after leading police on chase from school raid into river – Daily Telegraph

Posted October 2nd, 2017 in burglary, disabled persons, imprisonment, news, police, sentencing by sally

‘A blind burglar has been jailed for his 192nd offence after leading police on a chase from school raid into a river.’

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Daily Telegraph, 1st October 2017

Source: www.telegraph.co.uk

Public Law Clients with Learning Disabilities – Bridging the gap – Family Law Week

‘Gillian Geddes, barrister, of Hind Court considers the correct focus for public law arguments in support of parents with learning disabilities being allowed to care for their children.’

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Family Law Week, 20th September 2017

Source: www.familylawweek.co.uk

Medical experts ‘complicit’ over epilepsy drug which caused deformities – Daily Telegraph

Posted September 27th, 2017 in disabled persons, health, medicines, news, pregnancy by tracey

‘Medical experts were “complicit” in allowing thousands of children to suffer deformity after resisting warnings on epilepsy drugs, campaigners have said.’

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Daily Telegraph, 26th September 2017

Source: www.telegraph.co.uk

Priest who stole dead parishioner’s disabled parking badge said he was telling the ‘gospel truth’ – Daily Telegraph

Posted September 12th, 2017 in clergy, community service, costs, disabled persons, fraud, news, parking, sentencing by tracey

‘A priest who denied stealing a dead parishioner’s blue badge so he could park for free said he was telling the “gospel truth.” Father Bill Haymaker, accompanied to Hove Crown Court by his official clerical dog The Venerable Mr Piddles, was found guilty of stealing the badge from woman who had died two months before and then using it in his own car.’

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Daily Telegraph, 11th september 2017

Source: www.telegraph.co.uk

R (Davey) v Oxfordshire CC in the Court of Appeal – Community Care Blog

‘Last Friday the Court of Appeal delivered judgment in R (Davey) v Oxfordshire CC [2017] EWCA Civ 1308. This is the first time the Court of Appeal has examined the provisions of the Care Act 2014.’

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Community Care Blog, 7th September 2017

Source: communitycare11kbw.com

Civil Justice Council sets out streamlined procedure and fixed costs for deafness cases – Litigation Futures

Posted September 7th, 2017 in Civil Justice Council, costs, disabled persons, news, noise, reports by tracey

‘The Civil Justice Council (CJC) has recommended to government a streamlined procedure for handling fast-track noise-induced hearing loss (NIHL) claims and a fixed-costs regime to go with it.’

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Litigation Futures, 6th September 2017

Source: www.litigationfutures.com

Court of Appeal finds for council in first appeal on Care Act 2014 provisions – Local Government Lawyer

Posted September 5th, 2017 in appeals, disabled persons, local government, news, social services by sally

‘The Court of Appeal has dismissed a severely disabled man’s appeal over a decision by a county council to reduce his personal budget from £1,651 per week to £950 per week and to revise his care and support plan.’

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Local Government Lawyer, 4th September 2017

Source: www.localgovernmentlawyer.co.uk

DWP spends £39m defending decisions to strip benefits from sick and disabled people – The Independent

‘Freedom of Information requests have exposed how taxpayers’ money has been spent on futile legal battles to prevent vulnerable people receiving help.’

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The Independent, 29th August 2017

Source: www.independent.co.uk

Court of Appeal hears key case on wellbeing provisions of Care Act 2014 – Local Government Lawyer

Posted August 22nd, 2017 in appeals, budgets, disabled persons, news by sally

‘The Court of Appeal last week heard a case under the Care Act 2014 for the first time, with a disabled man challenging a High Court decision that a county council had acted lawfully in deciding to reduce his weekly personal budget by 42%.’

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Local Government Lawyer, 21st August 2017

Source: www.localgovernmentlawyer.co.uk

Triathlon winner who claimed disability benefits convicted of fraud – Crown Prosecution Service

Posted July 20th, 2017 in disabled persons, fraud, news, sport by tracey

‘A man who claimed thousands of pounds in disability benefits despite climbing Mount Kilimanjaro, winning a triathlon and competing at the Phoenix Winter Games, has been convicted of fraud.’

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Crown Prosecution Service, 20th July 2017

Source: www.cps.gov.uk

Dozens of leading charities face insolvency after Government demands back pay for night-time carers – The Independent

‘Dozens of leading charities could face insolvency within weeks after the Government ruled they must pay millions of pounds in back payments to overnight carers.’

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The Independent, 19th July 2017

Source: www.independent.co.uk

Terminally ill man in right-to-die fight – BBC News

Posted July 17th, 2017 in assisted suicide, disabled persons, news by tracey

‘The High Court is to begin hearing the legal challenge of a terminally ill man who wants the right to die. Noel Conway, who is 67 and has motor neurone disease, wants a doctor to be allowed to prescribe a lethal dose when his health deteriorates further.’

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BBC News, 17th July 2017

Source: www.bbc.co.uk

Council agrees £10k-plus payout after grandmother left without respite – Local Government Lawyer

‘A London borough has agreed to pay out more than £10,000 after an investigation by the Local Government and Social Care Ombudsman into how a grandmother was left without respite for two years.’

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Local Government Lawyer, 13th July 2017

Source: localgovernmentlawyer.co.uk

Court awards aggravated damages against Ombudsman over case handling – Local Government Lawyer

‘Aggravated damages have been awarded against the Local Government and Social Care Ombudsman over its treatment of an applicant.’

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Local Government Lawyer, 11th July 2017

Source: www.localgovernmentlawyer.co.uk

Judge quashes Care Act assessment and decision to terminate placement – Local Government Lawyer

‘A Deputy High Court judge has quashed a London borough’s Care Act assessment for a man with autism spectrum disorder and severe learning difficulties.’

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Local Government Lawyer, 7th July 2017

Source: localgovernmentlawyer.co.uk

Service Occupiers: Exclusion from Security of Tenure Regime Compatible with ECHR – Garden Court Chambers

‘The claimant, Hertfordshire County Council, were the owners of a bungalow occupied by the defendant, Mr Davies, and his family. The accommodation was tied to a local school, and Mr Davies had lived there since 2003 in his role as caretaker for the school.’

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Garden Court Chambers, 5th July 2017

Source: www.gardencourtchambers.co.uk

Court of Protection: Guidance on Religious Observance – Park Square Barristers

Posted July 5th, 2017 in care homes, disabled persons, human rights, Islam, news by sally

‘The first application was in respect of adherence to fasting during Ramadan, the second application was in respect of the trimming of body hair.

Issues of capacity were not disputed within the proceedings. The court was concerned with a determination in respect of each application of what is in the best interests of IH under section 4 of the Mental Capacity Act 2005.’

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Park Square Barristers, 12th June 2017

Source: www.parksquarebarristers.co.uk

Police failed to protect Bijan Ebrahimi prior to his murder, IPCC says – The Guardian

‘Police repeatedly failed to protect a disabled Iranian refugee as neighbours waged a violent seven-year campaign of hate that culminated in his murder by a misguided vigilante, a report has concluded.’

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The Guardian, 5th June 2017

Source: www.theguardian.com

Muslim man with learning difficulties need not fast or be shaved during Ramadan – Local Government Lawyer

Posted June 16th, 2017 in Court of Protection, disabled persons, Islam, learning difficulties, news by tracey

‘A muslim man with severe learning difficulties need not observe the Ramadan fast or be shaved in accordance with religious practice, a Court of Protection judge has ruled.’

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Local Government Lawyer, 15th June 2017

Source: localgovernmentlawyer.co.uk