Test purchase sees taxi driver convicted over refusal to allow guide dog in car – Local Government Lawyer

Posted May 3rd, 2017 in disabled persons, dogs, equality, news, prosecutions, taxis by tracey

‘A North East council has successfully prosecuted a taxi driver who refused to let a passenger with an assistance dog into his vehicle.’

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Local Government Lawyer, 3rd May 2017

Source: www.localgovernmentlawyer.co.uk

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Tees Esk & Wear Valleys NHS Foundation Trust v Harland – WLR Daily

Tees Esk & Wear Valleys NHS Foundation Trust v Harland UKEAT/173/16

‘The claimants, nursing assistants, were employed by the trust as part of a designated team of 27 people providing specialist care to C, who had severe learning difficulties, in his flat. When C’s condition improved and fewer carers were needed to look after him the team was reduced to 11 people, who also provided care to other disabled people living in flats in the same building. The contract to provide care to C was subsequently taken over by a healthcare company and the trust nominated those members of the team who had spent the greatest proportion of their working time looking after C to transfer to the company. The claimants were unwilling to transfer and left to take other posts or were made redundant. On their complaints of unfair dismissal an employment judge considered as preliminary issues whether there was a relevant transfer within the meaning of regulation 3(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and whether the claimants had been assigned to an organised grouping of employees prior to the transfer, such that there had been a service provision change in accordance with regulation 3(1)(b). The tribunal found that the trust had initially put together an organised grouping of employees which included the claimants with the principal purpose of the care of C but as C recovered and the number of hours needed for his care was reduced the principal purpose of the group became subsidiary to the dominant purpose of providing care to other disabled people in the building and, accordingly, at the time of the transfer from the trust to the company the requirements of regulation 3(3)(a)(i) were not satisfied and there was no service provision change. The tribunal concluded that as there was no relevant transfer the claimants had been at all times employed by the trust.’

WLR Daily, 3rd March 2017

Source: www.iclr.co.uk

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Council fined £1m after disabled man hit by vehicle for collecting branches – Local Government Lawyer

Posted April 21st, 2017 in disabled persons, fines, guilty pleas, health & safety, local government, news, parks by tracey

‘Nottinghamshire County Council has been fined £1m after a disabled member of the public was struck by a vehicle used for collecting branches.’

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Local Government Lawyer, 21st April 2017

Source: www.localgovernmentlawyer.co.uk

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More than 100 parents per school day are being prosecuted for taking their children out of school, new figures show – Daily Telegraph

‘More than a hundred parents are being prosecuted per school day for taking their children out of school without permission, new figures have revealed on the eve of the Supreme Court’s ruling on term-time holidays.’

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Daily Telegraph, 6th April 2017

Source: www.telegraph.co.uk

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Assisted dying again: R (Conway) – Law & Religion UK

‘By 2:1, the Administrative Court has dismissed the application of Mr Noel Conway for a declaration that s 2(1) of the Suicide Act 1961 breached his human rights under Articles 8(1) and 14 ECHR.’

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Law & Religion UK, 3rd April 2017

Source: www.lawandreligionuk.com

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Judges once again avoid right to die issue – UK Human Rights Blog

‘Noel Douglas Conway, 67, is a victim of motor neurone disease. He has just been refused permission to seek judicial review of the criminalisation of physician-assisted suicide under the Suicide Act 1961. The High Court considered that Parliament has recently examined the issue following the Supreme Court decision in the 2014 Nicklinson case , and two out of three judges concluded that it would be “institutionally inappropriate” for a court to declare that s.2(1) of the Suicide Act was incompatible with the right to privacy and autonomy under Article 8 of the ECHR. Charles J dissented (and those who are interested in his opinion might want to look at his ruling last year in the case of a minimally conscious patient).’

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UK Human Rights Blog, 2nd April 2017

Source: www.ukhumanrightsblog.com

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Floating rights – Nearly Legal

Posted March 28th, 2017 in appeals, canals, disabled persons, housing, human rights, news by sally

‘This was an appeal against an order that Canal and River Trust could remove Mr Jones boat from a canal near Bradford on Avon, under its powers under s.8 of the British Waterways Act 1983 and s.13 of the British Waterways Act 1971. Mr J had advanced a defence of breach of article 8 European Convention on Human Rights.’

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Nearly Legal, 26th March 2017

Source: www.nearlylegal.co.uk

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Terminally ill men to hear if assisted dying ban will be reviewed – The Guardian

Posted March 27th, 2017 in assisted suicide, disabled persons, human rights, judicial review, news by tracey

‘Two terminally ill men are expecting to hear this week whether they will be granted permission for a judicial review of the ban on assisted dying which, they say, prevents them from ending their lives without protracted pain.’

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The Guardian, 27th March 2017

Source: www.guardian.co.uk

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Terminally ill former lecturer challenges UK ban on assisted dying – The Guardian

Posted March 22nd, 2017 in assisted suicide, disabled persons, euthanasia, judicial review, news by sally

‘A terminally ill former lecturer has gone to court seeking permission to change the law so that he may be given assistance to die at home surrounded by his family.’

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The Guardian, 21st March 2017

Source: www.guardian.co.uk

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Classification system for Paralympic track and field ‘open to abuse’ – The Guardian

Posted March 21st, 2017 in disabled persons, news, reports, sport by tracey

‘The classification system for Paralympic track and field athletes is flawed and open to abuse by the unscrupulous, according to a report into the subject by the sport’s own governing body.’

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The Guardian, 20th March 2017

Source: www.guardian.co.uk

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Discretionary Housing Payments and long term awards – Nearly Legal

Posted March 17th, 2017 in benefits, disabled persons, housing, judicial review, news by tracey

‘R (on the application of Halvai) v Hammersmith and Fulham LBC (2017) QBD (Admin) (Sara Cockerill QC) 09/03/2017. This was a judicial review of H&F’s refusal of Discretionary Housing Payments to Ms H. Ms H has severe autism and learning and behavioural difficulties. She requires one-to-one care, suffered from extreme anxiety and so had vital and complex accommodation needs, including a very quiet environment.’

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Nearly Legal, 14th March 2017

Source: www.nearlylegal.co.uk

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Rape, incest and damage: but who is the real victim? – UK Human Rights Blog

‘Criminal Injuries Compensation Authority v First Tier Tribunal (Social entitlement Chamber) and Y by his mother and Litigation Friend.’ The predictability of genetic disorders continues to challenge existing law. Here, the Court of Appeal had to consider whether a child born as a result of incestuous rape could claim compensation under the Criminal Injuries Compensation Scheme (CICS) for his congenital disabilities. These were 50% predictable as a result of the nature of his conception, as opposed to 2-3% in the general population.’

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UK Human Rights Blog, 15th March 2017

Source: www.ukhumanrightsblog.com

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DWP ‘tells disability benefits assessors to discriminate against people with mental health conditions’ – The Independent

Posted March 15th, 2017 in benefits, disabled persons, mental health, news by tracey

‘The Department for Work and Pensions has told its disability benefits assessors to discriminate against people with mental health conditions compared to those with physical problems.’

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The Independent, 14th March 2017

Source: www.independent.co.uk

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Canals and Article 8 – again – UK Human Rights Blog

‘In recent years, the Courts have come up with a pragmatic resolution to the clash of property and Article 8 rights which typically occur in housing cases. Where the tenant is trying to use Art.8 to fend off a possession order, because he is in breach of some term of the tenancy, then the Courts, here and in Strasbourg, have resolved the issue in the favour of the local authority, save in exceptional circumstances.’

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UK Human Rights Blog, 10th March 2017

Source: www.ukhumanrightsblog.com

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County council defends High Court challenge to cut to personal budget – Local Government Lawyer

Posted March 2nd, 2017 in budgets, carers, disabled persons, local government, news, social services by sally

‘A county council has defended a High Court challenge to its decisions to reduce a severely disabled man’s personal budget and revise his care and support plan.’

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Local Government Lawyer, 28th February 2017

Source: www.localgovernmentlawyer.co.uk

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COURT OF APPEAL TAKE UNUSUAL Decision to Reverse Trial Judge’s Finding on Liability in Cerebral Palsy Case – Zenith PI Blog

Posted February 23rd, 2017 in appeals, birth, disabled persons, expert witnesses, news by sally

‘The Court of Appeal found that the trial judge, Judge Inglis, should have directed himself according to the Supreme Court’s decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11. However the Court of Appeal didn’t stop there. They went on to find that, had the relevant medical practitioner in this case, followed Montgomery and given the In Claimant’s mother the relevant information; she would have elected to have her baby induced on 27th December which would have avoided the brain injury and consequent disabilities that he now suffers from.’

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Zenith PI Blog, 21st February 2017

Source: www.zenithpi.wordpress.com

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Child of incestuous rape seeks compensation – BBC News

‘A severely disabled man born after an incestuous rape is seeking compensation at the Court of Appeal as a victim.’

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BBC News, 15th March 2017

Source: www.bbc.co.uk

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Taxi drivers face £1,000 fine for refusing to pick up wheelchair users – The Guardian

Posted February 7th, 2017 in disabled persons, equality, fines, news, taxis, transport by sally

‘Taxi drivers who refuse to pick up wheelchair users or attempt to charge more for transporting them could be fined up to £1,000 under new laws tackling discrimination.’

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The Guardian, 7th February 2017

Source: www.guardian.co.uk

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Paulley: An everyday step? – Cloisters

Posted January 31st, 2017 in appeals, disabled persons, news, Supreme Court, transport by sally

‘On 24 February 2012, Doug Paulley tried to do something most of us would not think twice about. He went to catch a bus. He wanted to get from Wetherby to Leeds to catch a train. The single wheelchair space was occupied, not by another wheelchair user, but by a pushchair. The bus driver asked the owner to move but did nothing more when she refused. Mr Paulley was unable to travel on that bus, so missed his train.’

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Cloisters, 30th January 2017

Source: www.cloisters.com

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Court of Appeal delivers landmark ruling in ‘state detention’ inquest case – Local Government Lawyer

‘A woman with a learning disability who died whilst in the intensive care unit of a hospital was not in ‘state detention’, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th January 2017

Source: www.localgovernmentlawyer.co.uk

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