London borough successfully defends judicial review claim as judge considers interaction between local authority obligations under Care Act 2014 and Housing Act 1996 – Local Government Lawyer

Posted January 17th, 2023 in community care, disabled persons, housing, judicial review, local government, news by sally

‘A High Court judge has dismissed a judicial review claim over the London Borough of Ealing’s decision to withdraw its funding of the claimant’s temporary bed and breakfast accommodation. The application concerned the interaction between the local authority’s obligations under the Care Act 2014 and its obligations under the Housing Act 1996.’

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Local Government Lawyer, 16th January 2023

Source: www.localgovernmentlawyer.co.uk

New Judgment: McCue (as guardian for Andrew McCue)(AP) v Glasgow City Council (Scotland) [2023] UKSC 1 – UKSC Blog

Posted January 12th, 2023 in community care, disabled persons, news, Scotland, social services, Supreme Court by sally

‘This appeal is concerned with the provision of community care services to disabled persons pursuant to the Social Work (Scotland) Act 1968 (the “1968 Act”) and the charges made for such provision.’

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UKSC Blog, 11th January 2023

Source: ukscblog.com

Council told to pay over £7k after failing to provide alternative education for autistic boy – Local Government Lawyer

‘An investigation by the Local Government and Social Care Ombudsman has found that Oxfordshire County Council failed to provide alternative education for a boy with autism for a year.’

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Local Government Lawyer, 15th December 2022

Source: www.localgovernmentlawyer.co.uk

Inns under fire for sluggish approach to disability access – Legal Futures

‘The inns of court are slow to act on behalf of disabled barristers and the Bar Standards Board (BSB) is to set push them to improve access in listed buildings, an event to mark the launch of the Bar’s Disability Taskforce heard last week.’

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Legal Futures, 12th December 2022

Source: www.legalfutures.co.uk

Safeguarding children with disabilities in residential settings – Family Law

‘A national review into safeguarding children with disabilities and complex health needs has revealed serious failures at residential special schools registered as children’s homes.’

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family Law, 25th November 2022

Source: www.familylaw.co.uk

Dyslexic M&S worker wins payout after being sacked over mistakes in emails – The Independent

‘A dyslexic Marks and Spencer worker has won more than £50,000 after losing her job following concerns about mistakes in her emails.’

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The Independent, 27th November 2022

Source: www.independent.co.uk

Woman with Down’s syndrome loses abortion law appeal – BBC News

‘A woman with Down’s syndrome has lost her appeal over a law that allows abortion up until birth for a foetus with the condition.’

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BBC News, 25th November 2022

Source: www.bbc.co.uk

Claimant wins judicial review challenge over “unlawful” level of Care Act support – Local Government Lawyer

Posted November 18th, 2022 in autism, carers, disabled persons, duty of care, judicial review, local government, news by tracey

‘An autistic woman has succeeded in a claim for judicial review against the London Borough of Croydon after a deputy High Court judge ruled that the council had failed to meet her needs contrary to the requirements of the Care Act 2014.’

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Local Government Lawyer, 17th November 2022

Source: www.localgovernmentlawyer.co.uk

Safeguarding children with disabilities in residential settings – Family Law

‘A national review into safeguarding children with disabilities and complex health needs has revealed serious failures at residential special schools registered as children’s homes.’

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Family Law, 4th November 2022

Source: www.familylaw.co.uk

Neurodivergence in the CJS and the role of the Bar (1) – Counsel

Posted November 8th, 2022 in autism, barristers, criminal justice, disabled persons, diversity, dyslexia, news by sally

‘Thinking differently, engaging differently: the first of this two-part series by Dr Tom Smith looks at the experience of neurodivergent individuals in the criminal justice system and how barristers can mitigate/aggravate the challenges.’

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Counsel, November 2022

Source: www.counselmagazine.co.uk

Slough woman unable to access upstairs because of council grant delay, Ombudsman finds – Local Government Lawyer

Posted November 7th, 2022 in compensation, delay, disabled persons, housing, local government, news, ombudsmen by tracey

‘A disabled woman had to sleep, eat and wash in her downstairs living room because Slough Borough Council took too long to decide whether she can have a stairlift, an investigation by the Local Government and Social Care Ombudsman has revealed.’

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Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

Disabled Slough woman wins case after stairlift wait – BBC News

Posted November 3rd, 2022 in compensation, delay, disabled persons, local government, news, ombudsmen by sally

‘A disabled woman has won damages after her local authority took almost a year to decide on an application for a stairlift in her home.’

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BBC News, 3rd November 2022

Source: www.bbc.co.uk

Removal process for judges ‘unconstitutional’, support network tells MoJ – Law Society’s Gazette

‘A new policy designed to remove judges from office if they have been long absent from work due to ill health would be unconstitutional, a support network for judges has told the government.’

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Law Society's Gazette, 20th October 2022

Source: www.lawgazette.co.uk

No duty owed to taxi driver – Local Government Lawyer

‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’

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Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

Tommy Jessop: Why I investigated care for patients like me – BBC News

‘People with a learning disability are more than twice as likely to die from avoidable causes than the rest of the population. Actor Tommy Jessop and BBC Panorama investigated some of the stories of families who say they were let down by their medical care.’

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BBC News, 10th October 2022

Source: www.bbc.co.uk

Student suicides: Parents seek law change to prevent deaths – BBC News

‘A group of parents whose children killed themselves at university are campaigning for a change in law to make the institutions more accountable. They want universities to have a legal duty of care towards their students, like schools already do.’

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BBC News, 7th October 2022

Source: www.bbc.co.uk

Specificity in the context of “education otherwise than at school” – Local Government Lawyer

Posted September 30th, 2022 in appeals, children, disabled persons, education, local government, news, tribunals by michael

‘Holly Littlewood analyses a recent case concerning specificity in the context of “education otherwise than at school” (EOTAS), and an unlawful delegation of responsibility for determining special educational provision in an Education, Health and Care Plan (EHCP).’

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Local Government Lawyer, 30th Septembr 2022

Source: www.localgovernmentlawyer.co.uk

High Court gives go-ahead for judicial review of Home Office decision not to implement recommendation on emergency evacuation plans for disabled residents – Local Government Lawyer

Posted September 20th, 2022 in disabled persons, fire, government departments, health & safety, news by tracey

‘The High Court has agreed to hear a judicial review over the Home Office’s decision not to implement a recommendation from the Chair of the Grenfell Tower Inquiry for personal emergency evacuation plans for disabled people living in tower blocks.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Unfavourable Treatment and section 15 Equality Act 2010 – Local Government Lawyer

‘Peter Doughty unpacks the decision in Michael Cowie and Others v Scottish Fire and Rescue Service [2022] EAT 121, which involved a Special Leave scheme set up during the pandemic.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Disability awareness “often the poor relation” at Bar and in courts – Legal Futures

Posted September 15th, 2022 in barristers, courts, disabled persons, news by tracey

‘The courts and the Bar need to do more to be accessible to disabled people, with their approach to disability lagging behind how they treat other protected characteristics, it has been argued.’

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Legal Futures, 15th September 2022

Source: www.legalfutures.co.uk