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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Hackney LBC v Haque – Arden Chambers

Posted January 27th, 2017 in disabled persons, equality, homelessness, housing, local government, news by sally

‘The Court of Appeal has held that the four-stage approach to considering the public sector equality duty in s.149 Equality Act 2010 in Hotak v Southwark LBC [2015] UKSC 30; [2016] AC 811, is concerned only with vulnerability under s.189(1)(c) Housing Act 1996. In cases concerning suitability of accommodation, a review officer had to show (on a “stand-back” reading of the decision) recognition as to whether a homeless applicant had a disability and whether the accommodation was unsuitable having regard to that disability and its impact on the applicant compared to those without such a disability.’

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Arden Chambers, January 2017

Source: www.ardenchambers.com

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Judge rules human rights claim against council out of time – Local Government Lawyer

Posted January 27th, 2017 in disabled persons, human rights, limitations, local government, news by sally

‘A man who claimed Tameside Metropolitan Borough Council breached his human rights cannot pursue his case because of the length of time taken to launch the action, the High Court has ruled.’

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Local Government Lawyer, 26th January 2017

Source: www.localgovernmentlawyer.co.uk

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Suitability and PSED – Nearly Legal

Posted January 26th, 2017 in appeals, disabled persons, equality, housing, mental health, news by tracey

‘London Borough of Hackney v Haque [2017] EWCA Civ 4. In which the Court of Appeal grapple with the application of the Public Sector Equality Duty to decisions on suitability of accommodation provided under s.193 Housing Act 1996 (in satisfaction of the full housing duty).’

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Nearly Legal, 24th January 2017

Source: www.nearlylegal.co.uk

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Taxi driver who refused to take guide dog is fined – BBC News

Posted January 26th, 2017 in costs, disabled persons, equality, fines, news, taxis by tracey

‘A taxi driver who refused to carry a guide dog because he claimed it was against his religion has been fined for breaching equality laws.’

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BBC News, 25th January 2017

Source: www.bbc.co.uk

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To be able or not to be able : Capacity issues in personal injury litigation part 1 – Zenith PI Blog

‘This article is the first in a series of 2, dealing with the question of capacity in PI litigation particularly, and civil proceedings generally.’

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Zenith PI Blog, 18th January 2017

Source: www.zenithpi.wordpress.com

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‘Wheelchair v buggy’: Man wins Supreme Court case – BBC News

‘A disabled man has won a Supreme Court case after a dispute with a woman with a buggy over wheelchair space on a bus.’

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BBC News, 18th January 2017

Source: www.bbc.co.uk

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The Mental Capacity Act 2005: an opportune time to reflect – OUP Blog

‘More than a decade has passed since the Mental Capacity Act (‘MCA’) received royal assent. Described as a ‘visionary piece of legislation’, the MCA was a significant landmark on the legal landscape. It represented a triumph of autonomy by recognising that, as far as possible, people should play an active role in decisions about their welfare. At the core of the MCA is the fundamental principle that a person must be assumed to have decision making capacity unless it is established that he lacks it. The law therefore assumes that everyone has the ability to act and take decisions in accordance with their own interests, and affords primacy to individual priorities over paternalistic imperatives. Where a person lacks capacity – whether for reasons of learning disability, dementia, brain injury, or some other impairment of or disturbance in the functioning of the mind or brain – the MCA permits decision-makers to act on behalf of the person in accordance with his ‘best interests’. This means that, amongst other things, decision-makers must take into account the person’s past and present wishes and feelings, his beliefs and values, and any other factors that the person would be likely to consider, in order to act in a way which would likely give expression to the person’s autonomy. In this way, the MCA sought to empower people to make decisions for themselves, protect the vulnerable from the excesses of paternalism, and engineer a cultural shift in attitudes to mental impairment and incapacity.’

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OUP Blog, 17th January 2017

Source: www.blog.oup.com

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Terror suspect ‘linked to Osama Bin Laden’ wins battle with Home Office to stay in UK – The Independent

Posted January 4th, 2017 in deportation, disabled persons, news, terrorism by tracey

‘A disabled terror suspect previously linked to Osama Bin Laden has won a 21-year legal battle to remain in the UK.
The wheelchair-bound Algerian man, known only as “G”, has been fighting Home Office deportation efforts for over two decades despite being accused of helping enlist young Muslims to extremist training camps abroad.’

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The Independent, 3rd January 2017

Source: www.independent.co.uk

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