Triathlon winner who claimed disability benefits convicted of fraud – Crown Prosecution Service

Posted July 20th, 2017 in disabled persons, fraud, news, sport by tracey

‘A man who claimed thousands of pounds in disability benefits despite climbing Mount Kilimanjaro, winning a triathlon and competing at the Phoenix Winter Games, has been convicted of fraud.’

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Crown Prosecution Service, 20th July 2017

Source: www.cps.gov.uk

Dozens of leading charities face insolvency after Government demands back pay for night-time carers – The Independent

‘Dozens of leading charities could face insolvency within weeks after the Government ruled they must pay millions of pounds in back payments to overnight carers.’

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The Independent, 19th July 2017

Source: www.independent.co.uk

Terminally ill man in right-to-die fight – BBC News

Posted July 17th, 2017 in assisted suicide, disabled persons, news by tracey

‘The High Court is to begin hearing the legal challenge of a terminally ill man who wants the right to die. Noel Conway, who is 67 and has motor neurone disease, wants a doctor to be allowed to prescribe a lethal dose when his health deteriorates further.’

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BBC News, 17th July 2017

Source: www.bbc.co.uk

Council agrees £10k-plus payout after grandmother left without respite – Local Government Lawyer

‘A London borough has agreed to pay out more than £10,000 after an investigation by the Local Government and Social Care Ombudsman into how a grandmother was left without respite for two years.’

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Local Government Lawyer, 13th July 2017

Source: localgovernmentlawyer.co.uk

Court awards aggravated damages against Ombudsman over case handling – Local Government Lawyer

‘Aggravated damages have been awarded against the Local Government and Social Care Ombudsman over its treatment of an applicant.’

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Local Government Lawyer, 11th July 2017

Source: www.localgovernmentlawyer.co.uk

Judge quashes Care Act assessment and decision to terminate placement – Local Government Lawyer

‘A Deputy High Court judge has quashed a London borough’s Care Act assessment for a man with autism spectrum disorder and severe learning difficulties.’

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Local Government Lawyer, 7th July 2017

Source: localgovernmentlawyer.co.uk

Service Occupiers: Exclusion from Security of Tenure Regime Compatible with ECHR – Garden Court Chambers

‘The claimant, Hertfordshire County Council, were the owners of a bungalow occupied by the defendant, Mr Davies, and his family. The accommodation was tied to a local school, and Mr Davies had lived there since 2003 in his role as caretaker for the school.’

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Garden Court Chambers, 5th July 2017

Source: www.gardencourtchambers.co.uk

Court of Protection: Guidance on Religious Observance – Park Square Barristers

Posted July 5th, 2017 in care homes, disabled persons, human rights, Islam, news by sally

‘The first application was in respect of adherence to fasting during Ramadan, the second application was in respect of the trimming of body hair.

Issues of capacity were not disputed within the proceedings. The court was concerned with a determination in respect of each application of what is in the best interests of IH under section 4 of the Mental Capacity Act 2005.’

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Park Square Barristers, 12th June 2017

Source: www.parksquarebarristers.co.uk

Police failed to protect Bijan Ebrahimi prior to his murder, IPCC says – The Guardian

‘Police repeatedly failed to protect a disabled Iranian refugee as neighbours waged a violent seven-year campaign of hate that culminated in his murder by a misguided vigilante, a report has concluded.’

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The Guardian, 5th June 2017

Source: www.theguardian.com

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