Category: disabled persons

Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member? – Garden Court Chambers

Posted March 5th, 2021 in care homes, coronavirus, Court of Protection, disabled persons, elderly, families, local government, news, vaccination by sally

‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Judge rules council breached ECHR rights of orthodox Jewish 15-year-old boy – but not his brother – over proposal for respite placement accommodation – Local Government Lawyer

Posted March 3rd, 2021 in care homes, children, disabled persons, equality, families, housing, human rights, Judaism, judicial review, local government, news by sally

‘A High Court judge has handed down a ruling in a disagreement over whether two boys should be given respite placement accommodation in a residential home in the Greater Manchester area or in an exclusively orthodox Jewish residential home in London.’

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Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

Capacity and sexual relations: Fallout from Re JB – Doughty Street Chambers

Posted February 25th, 2021 in consent, Court of Protection, disabled persons, learning difficulties, news, sexual offences by sally

‘In a judgment handed down on 23 February, Cobb J concluded that a young woman known as HD lacked capacity to engage in sexual relations. He was driven to this conclusion based on the new requirement set out in Re JB that a person with capacity to engage in sexual relations must be able to understand (and retain, use or weigh and communicate) the fact that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Doughty Street Chambers, 24th February 2021

Source: insights.doughtystreet.co.uk

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant – Local Government Lawyer

Posted February 19th, 2021 in autism, care homes, children, disabled persons, hospitals, local government, mental health, news by tracey

‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’

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Local Government Lawyer, 18th February 2021

Source: www.localgovernmentlawyer.co.uk

Deprivation of liberty, family members and what s4B does (and doesn’t) say – Local Government Lawyer

Posted February 19th, 2021 in carers, detention, disabled persons, families, learning difficulties, local government, news, statutory interpretation by tracey

‘A judge recently considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. She also helpfully clarified the current (limited) scope of s.4B MCA 2005, writes Alex Ruck Keene.’

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Local Government Lawyer, 19th February 2021

Source: www.localgovernmentlawyer.co.uk

Breach of PSED in bringing possession proceedings cured by subsequent compliance – Garden Court Chambers

Posted February 18th, 2021 in disabled persons, equality, housing, local government, mental health, news, repossession by sally

‘Ms Taylor was the secure tenant of Slough Borough Council. She had been diagnosed with bipolar disorder in late 2011.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

UK woman who killed disabled son detained in hospital indefinitely – The Guardian

Posted February 12th, 2021 in autism, children, coronavirus, disabled persons, homicide, hospital orders, mental health, news, sentencing by tracey

‘A woman who killed her disabled 10-year-old son after undergoing a breakdown during the UK’s coronavirus lockdown has been detained in hospital indefinitely.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

Rachel Johnston: Neglect contributed to woman’s teeth removal death – BBC News

Posted February 12th, 2021 in care homes, causing death of children or vulnerable adults, coroners, dentists, disabled persons, inquests, medical treatment, negligence, news, professional conduct by tracey

‘A disabled woman whose brain was starved of oxygen after an operation to remove all her teeth would probably have survived if care home staff acted sooner, an inquest heard. Staff at Pirton Grange Care Home, near Worcester, failed to spot Rachel Johnston was developing hypoxia. A coroner concluded neglect contributed to her death just over two weeks after she was taken to hospital.’

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BBC News, 11th February 2021

Source: www.bbc.co.uk

Court of Protection Newsletter – Spire Barristers

Posted February 11th, 2021 in autism, chambers articles, Court of Protection, deprivation of liberty safeguards, disabled persons, elderly, hospitals, learning difficulties, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 10th February 2021

Source: spirebarristers.co.uk

The woman who live-tweets inquests – BBC News

Posted February 10th, 2021 in autism, coroners, disabled persons, inquests, internet, news by sally

‘George Julian is crowdfunding to attend coroners’ courts and live-tweet the inquests of people with learning disabilities and autism.’

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BBC News, 10th February 2021

Source: www.bbc.co.uk

Liverpool knifeman jailed for ‘terrifying’ train passenger attack – BBC News

Posted January 28th, 2021 in assault, attempts, disabled persons, imprisonment, news, offensive weapons, robbery, sentencing by sally

‘A knifeman who carried out a “cowardly and terrifying” attack on a visually impaired rail passenger has been jailed.’

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BBC News, 27th January 2021

Source: www.bbc.co.uk

Housing allocation and Catch-22 – Law Society’s Gazette

Posted January 26th, 2021 in disability discrimination, disabled persons, equality, housing, local government, news by sally

‘In his comically surreal war novel, Joseph Heller explained the paradox of Catch-22: “A concern for one’s safety in the face of dangers that were real and immediate was the process of a rational mind.” For if you flew more missions you were crazy and did not have to. But if you did not want to you were sane and had to. In other words, a no-win situation.

This was unfortunately the position faced by Mrs Habibo Nur (Mrs Nur), a Birmingham City Council housing applicant with three adult daughters including one, Zakiya, who has learning difficulties and suffers from cerebral palsy. Zakiya consequently requires support with daily living activities and has been assessed as needing a level access shower, access to stairs with bilateral handrails and accommodation with a downstairs toilet.’

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Law Society's Gazette, 25th January 2021

Source: www.lawgazette.co.uk

“Wrongful Life” Revisited – UK Human Rights Blog

Posted January 22nd, 2021 in children, compensation, disabled persons, human rights, negligence, news, statutory interpretation, wrongful birth by sally

‘In Evie Toombes v. Dr. Philip Mitchell [2020] EWHC 3506 the High Court has given renewed consideration to claims for, so called, “wrongful life”. Can a disabled person ever claim damages on the basis that they would not have been born but for the defendant’s negligence? The Court answered that question with a resounding “yes”.’

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UK Human Rights Blog, 21st January 2021

Source: ukhumanrightsblog.com

Mental Health Act reforms aim to tackle high rate of black people sectioned – The Guardian

Posted January 13th, 2021 in autism, detention, disabled persons, equality, learning difficulties, mental health, news, race discrimination, statistics by sally

‘Reforms to the Mental Health Act will help tackle the disproportionate number of black people sectioned, the government has announced.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

Council provided “object lesson” in how not to respond to JR – Litigation Futures

Posted January 12th, 2021 in disabled persons, housing, judicial review, local government, news by sally

‘The High Court has described how Birmingham City Council provided an “object lesson in how a public body should not respond to public law proceedings” in its mishandling of a housing judicial review.’

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Litigation Futures, 12th January 2021

Source: www.litigationfutures.com

Council defeats appeal over ruling that it did not breach public sector equality duty in possession case – Local Government Lawyer

Posted January 5th, 2021 in disabled persons, equality, housing, local government, mental health, news, repossession, statutory duty by sally

‘A High Court judge has dismissed an appeal over a ruling in a housing case that there had been no breach by Slough Borough Council of the public sector equality duty.’

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Local Government Lawyer, 5th January 2021

Source: www.localgovernmentlawyer.co.uk

PSED, breach and ‘subsequent compliance’ – Nearly Legal

Posted January 4th, 2021 in appeals, disabled persons, drug offences, equality, housing, local government, mental health, news, repossession by sally

‘An appeal on the issue of whether a Council landlord’s initial failure to have regard to the Public Sector Equality Duty on commencing possession proceedings could be remedied by later performance of that duty.’

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Nearly Legal, 2nd January 2021

Source: nearlylegal.co.uk

Home Office unlawfully leaving destitute and disabled asylum-seekers homeless, High Court rules – The Independent

Posted December 15th, 2020 in asylum, disabled persons, government departments, homelessness, housing, news by tracey

‘The Home Office is leaving destitute asylum-seekers homeless in breach of the law due to its failure to monitor the operations of private firms contracted to manage asylum accommodation, the High Court has ruled. In a ruling handed down on Monday morning, Justice Robin Knowles found that the five claimants in the case – all asylum-seekers considered by the Home Office itself to be “highly vulnerable” and eligible for housing support – had been left homeless for prolonged periods.’

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The Independent, 15th December 2020

Source: www.independent.co.uk

It was “none of your business”, High Court judge tells council which refused to take part in mediation over EHC Plan because mother wanted to bring her lawyer – Local Government Lawyer

Posted December 9th, 2020 in children, disabled persons, education, families, judicial review, learning difficulties, legal representation, local government, news, regulations, school children by sally

‘A mother was entitled to bring a lawyer to support her at a mediation of her dispute with Hillingdon Council about her son’s Education, Health and Care Plan and the local authority was in breach of its statutory duties by refusing to participate, a High Court judge has ruled.’

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Local Government Lawyer, 7th December 2020

Source: www.localgovernmentlawyer.co.uk

Ombudsman criticises council after cancellation of transport sees teenager with autism miss start of term – Local Government Lawyer

Posted December 7th, 2020 in autism, children, compensation, disabled persons, education, families, local government, news, ombudsmen, school children, transport by sally

‘A council has agreed to pay more than £2,400 in compensation after an investigation from the Local Government and Social Care Ombudsman into the termination of a child’s transport to school.’

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Local Government Lawyer, 4th December 2020

Source: www.localgovernmentlawyer.co.uk