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

Care home staff guilty of ‘organised and systematic’ abuse of disabled adults – Daily Telegraph

‘Care home bosses could increasingly face prosecution over the neglect of residents after a “groundbreaking” court case into “organised and systematic” abuse.’

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Daily Telegraph, 7th June 2017

Source: www.telegraph.co.uk

Making it up as you go – Nearly Legal

‘C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in Southwark, but following the DV, was in refuge in Islington and applied as homeless there. She was, eventually, given 3 bed temporary accommodation in Islington.’

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Nearly Legal, 6th June 2017

Source: nearlylegal.co.uk

Council pays £2k in compensation to blind woman over 2015 election breaches – Local Government Lawyer

Posted June 6th, 2017 in compensation, disabled persons, elections, equality, news by tracey

‘A local authority has settled a claim brought by a woman who is registered as blind over alleged breaches of her right to vote at local and general elections in 2015, it has been reported.’

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Local Government Lawyer, 5th June 2017

Source: localgovernmentlawyer.co.uk

Assessment of uninjured earning capacity in relation to a police injury pension – UK Police Law Blog

Posted June 1st, 2017 in disabled persons, news, pensions, personal injuries, police, remuneration by sally

‘The recent decision of the High Court upon an application for judicial review of a Police Medical Appeals Board (‘PMAB’) decision in the case of R (Fisher) v (1) Chief Constable of Northumbria (2) PMAB [2017] EWHC 455 (Admin) highlights the pitfalls in the assessment of a former officer’s uninjured earning capacity when reviewing the level of an injury pension under regulation 37 of the Police (Injury Benefit) Regulations 2006.’

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UK Police Law Blog, 31st May 2017

Source: ukpolicelawblog.com

Judge catches ‘disability discrimination’ couple speeding on their mobility scooters – Daily Telegraph

Posted May 30th, 2017 in disability discrimination, disabled persons, energy, news, warrants by sally

‘A sharp-eyed judge rumbled a couple who claimed they were victims of disability benefit when he caught them speeding on their mobility scooters during a court break.’

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Daily Telegraph, 26th May 2017

Source: www.telegraph.co.uk

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

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

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

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

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

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

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

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

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

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

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

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

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

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