Equality Act and ‘reasonable to remain’ – Nearly Legal

Posted August 10th, 2018 in disabled persons, equality, homelessness, housing, local government, news by sally

‘Ms L “suffers from a number of both physical and mental problems. She is wheelchair bound and is confined to bed for large portions of the day. She requires 24-hour care, including intimate care which for the time being is provided by her former partner.” She had the tenancy of a housing association property – a two bedroomed bungalow in sheltered accommodation, which was adapted for her needs.’

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Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk

R (Sambotin) v Brent LBC – Arden Chambers

Posted August 9th, 2018 in disabled persons, homelessness, housing, judicial review, news, statutory duty by sally

‘The Court of Appeal has dismissed an appeal by a local authority in which they had sought to withdraw a concluded decision as to what duty was owed to a homeless person; such a decision could only be withdrawn in cases of fraud or fundamental mistake of fact, neither of which were present.’

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Arden Chambers, 31st July 2018

Source: www.ardenchambers.com

Capacity in the context of Prader-Willi syndrome – Family Law

Posted July 31st, 2018 in disabled persons, expert witnesses, mental health, news, social services by sally

‘Ella Anderson, barrister at Spire Barristers, discusses the practical implications of the judgment in Re FX [2017] EWCOP 36 – the first ever reported decision to consider questions of capacity in the context of Prader-Willi syndrome, a rare genetic disorder which causes a range of physical, learning and behavioural difficulties.’

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Family Law, 30th July 2018

Source: www.familylaw.co.uk

Rulings clarify scope of employers’ disability duties – OUT-LAW.com

Posted July 16th, 2018 in disabled persons, employment, equality, news by tracey

‘ Doing the right thing by disabled employees may require more than mere compliance with the minimum requirements set out in equalities law.’

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OUT-LAW.com, 13th July 2018

Source: www.out-law.com

“Significant barriers” exist for disabled lawyers – Legal Futures

Posted July 16th, 2018 in disabled persons, legal profession, news by tracey

‘Disabled people seeking employment or working in the legal profession are “an untapped resource”, according to ground-breaking research. It found a profession not set up to accommodate the needs of disabled people in or wanting to join the profession.’

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Legal Futures, 16th July 2018

Source: www.legalfutures.co.uk

Lady Hale at the Royal College of Psychiatrists Annual Conference, Birmingham – Supreme Court

Posted July 5th, 2018 in bills, disabled persons, human rights, judges, mental health, speeches, treaties by tracey

‘Lady Hale at the Royal College of Psychiatrists Annual Conference, Birmingham. Is it time for yet another Mental Health Act?’

Full speech

Supreme Court, 24th June 2018

Source: www.supremecourt.uk

Woman who asked court to allow disabled daughter to die changes mind – BBC News

Posted May 21st, 2018 in care orders, children, consent, disabled persons, medical treatment, news by sally

‘A woman who thought that her severely disabled 11-year-old daughter should be allowed to die has told a family court judge that she has changed her mind.’

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BBC News, 20th May 2018

Source: www.bbc.co.uk

Cecil Parkinson’s disabled child in ‘financial hardship’ – BBC News

Posted May 9th, 2018 in disabled persons, litigation friends, news, wills by tracey

‘The disabled daughter of the late Conservative Party chairman Cecil Parkinson is living in “serious financial hardship”, a court has heard.

The latest hearing was to determine if Sara Keays could make legal decisions on behalf of her 34-year-old daughter.’

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BBC News, 8th May 2018

Source: www.bbc.co.uk

Employment tribunal vindicates law firm’s denial that former employee was disabled – Legal Futures

‘A judge has dismissed a claim by a law firm paralegal that he was the victim of disability discrimination, finding he had “dishonestly” altered a document about his medical condition and that, in any case, he had not told his employer about his supposed post-traumatic stress disorder.’

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Legal Futures, 18th April 2018

Source: www.legalfutures.co.uk

A home for the disabled victim – Zenith PI

Posted March 9th, 2018 in birth, damages, disabled persons, hospitals, housing, negligence, news by tracey

‘This blog concerns the case of JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] PIQR Q3. William Davis J gave an impressive and comprehensive analysis of the many problems in that case. JR, who was born in 1992, in the course of delivery suffered from intracranial haemorrhage and brain injury. As a result he experienced severe spastic cerebral palsy and significant cognitive impairment. This was a consequence of the negligence of the Defendant hospital and the issues for the Judge to resolve concerned various questions which were in dispute regarding various consequences of the disaster at the time of JR’s birth.’

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Zenith PI, 9th March 2018

Source: zenithpi.wordpress.com

Children Act and Housing – (not) joining the dots – Nearly Legal

Posted February 19th, 2018 in children, disabled persons, housing, local government, news by sally

‘This is a very interesting judicial review, concerning the interrelation of a council’s housing duties under Part 6 and Part 7 Housing Act 1996 and duties to children under s.17 Children Act 1989.’

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Nearly Legal, 18th February 2018

Source: nearlylegal.co.uk

The Landmark Legal Challenge to Universal Credit System Explained – Rightsinfo

Posted February 12th, 2018 in benefits, disabled persons, judicial review, news, social security by tracey

‘A controversial new social security benefit, currently being rolled out across the UK, is facing a major legal challenge. But what’s the challenge all about and what impact might it have?’

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Rightsinfo, 8th February 2018

Source: rightsinfo.org

‘Gross failure’ in man’s care led to death from constipation – The Guardian

Posted February 9th, 2018 in care homes, disabled persons, hospitals, inquests, news by tracey

‘Inquest into death of man with Down’s syndrome criticises care home and hospital over his treatment.’

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The Guardian, 8th February 2018

Source: www.theguardian.com

Universal credit system faces landmark legal challenge – The Guardian

Posted February 5th, 2018 in benefits, disabled persons, health, news, social security by sally

‘A terminally ill man has won the right to launch a landmark legal challenge to the government over its introduction of universal credit after the controversial new benefits system left him significantly worse off.’

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The Guardian, 4th February 2018

Source: www.theguardian.com

‘Quadriplegic’ fraudster who claimed over £500,000 in benefits caught pushing wheelchair-bound wife around – Daily Telegraph

Posted February 1st, 2018 in benefits, carers, disabled persons, fraud, news, social security by tracey

‘A benefits cheat who claimed he had no use of his arms and legs conned the authorities for 15 years – until he was spotted walking around town pushing his wheelchair-bound wife.’

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Daily Telegraph, 31st January 2018

Source: www.telegraph.co.uk

Case brought against ‘Little Mix’ promoter puts discrimination laws in the spotlight, says expert – OUT-LAW.com

Posted January 26th, 2018 in disability discrimination, disabled persons, equality, media, news by sally

‘A legal case brought against the promoters of a concert for one of the UK’s most popular bands highlights the risks to businesses if they do not make their services accessible to all.’

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OUT-LAW.com, 25th January 2018

Source: www.out-law.com

Deaf mum sues Little Mix promoter in sign language row – BBC News

Posted January 24th, 2018 in disabled persons, equality, media, news by tracey

‘Deaf mum sues Little Mix promoter in sign language row.’

Full Story

BBC News, 24th January 2018

Source: www.bbc.co.uk

More than 30,000 instances of abuse in sheltered housing over last three years, finds investigation – The Independent

Posted January 24th, 2018 in assault, care workers, disabled persons, elderly, news, statistics by tracey

‘More than 30,000 instances of abuse have taken place in sheltered housing against elderly or disabled people over the last three years, a BBC File on Four investigation has revealed.’

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The Independent, 23rd January 2018

Source: www.independent.co.uk

Law Society urges end to enforced medical treatment of vulnerable people – The Guardian

‘Vulnerable people sectioned under the Mental Health Act are being subjected to medical treatment without consent and are not protected by effective legal safeguards, the Law Society has warned.’

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The Guardian, 22nd January 2018

Source: www.theguardian.com

High Court judge criticises “very serious defects” in housing decision letter – Local Government Lawyer

Posted January 10th, 2018 in children, disabled persons, housing, local government, news by sally

‘A decision letter sent by the London Borough of Hillingdon to an applicant for housing “suffers from very serious defects”, Nicklin J has said in the High Court.’

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Local Government Lawyer, 10th January 2018

Source: www.localgovernmentlawyer.co.uk