The extent of the inherent jurisdiction – Local Government Lawyer

Posted September 6th, 2019 in alcohol abuse, disabled persons, jurisdiction, local government, mental health, news by tracey

‘Christine Cooper reports on an unusual inherent jurisdiction case that recently went before a High Court judge.’

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Local Government Lawyer, 6th September 2019

Source: www.localgovernmentlawyer.co.uk

‘Passive’ civil courts urged to improve handling of vulnerable parties – Law Society’s Gazette

‘Rules should be updated, judicial training improved and court rooms rejigged to cater for parties with mental health conditions and other vulnerabilities in civil proceedings.’

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Law Society's Gazette, 5th September 2019

Source: www.lawgazette.co.uk

Nottingham’s Queen’s Medical Centre failings led to girl’s sepsis death – BBC News

‘A series of hospital failings contributed to the death of a five-year-old girl who died from toxic shock syndrome, an inquest jury has found.’

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BBC News, 4th September 2019

Source: www.bbc.co.uk

SEND reforms have “failed to make system less adversarial for parents” – Local Government Lawyer

Posted September 4th, 2019 in budgets, children, disabled persons, news, special educational needs by sally

‘A key aim of the SEND (special educational needs and disability) reforms introduced in England five years ago – to make the system feel less adversarial for parents – has not been achieved in relation to children with speech, language and communication needs (SLCN), it has been claimed.’

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Local Government Lawyer, 3rd September 2019

Source: www.localgovernmentlawyer.co.uk

Carer sentenced for having sex with ‘vulnerable’ client – BBC News

‘A carer with learning difficulties who had sex with a “vulnerable” client should not have been working in the care industry, a court heard.’

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BBC News, 20th August 2019

Source: www.bbc.co.uk

Breach of PSED and consequences for possession – Nearly Legal

‘The Court of Appeal considers the effect of an admitted breach of the Public Sector Equality Duty under s.149 Equality Act 2010 on possession proceedings.’

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Nearly Legal, 18th August 2019

Source: nearlylegal.co.uk

FCA found to have discriminated against chronically ill employee – Law Society’s Gazette

‘The Financial Conduct Authority (FCA) discriminated against an associate lawyer who suffered severe fatigue caused by chronic kidney disease, an employment tribunal has found.’

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Law Society's Gazette, 19th August 2019

Source: www.lawgazette.co.uk

Court of Appeal rejects claim over failure to reassess educational needs of 22-year-old disabled man – Local Government Lawyer

‘The Court of Appeal has upheld a High Court ruling that Welsh ministers and the quango Careers Wales did not act unreasonably when they decided not to reassess the educational and training needs of a young man with a learning disability.’

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Local Government Lawyer, 8th August 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules on Equality Act breaches and homelessness appeals – Local Government Lawyer

‘The Court of Appeal has held that a homeless person cannot raise alleged breaches of the Equality Act 2010 in a homelessness appeal before a county court judge.’

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Local Government Lawyer, 8th August 2019

Source: www.localgovernmentlawyer.co.uk

Capita to challenge payment ordered to family of woman who died after benefits were wrongly stopped – The Independent

‘A private company which was instrumental in stopping the benefits of a disabled woman who later died is going to court in a bid to avoid paying £10,000 awarded in damages to the family.’

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The Independent, 6th August 2019

Source: www.independent.co.uk

Children in prison twice as likely to have special needs, figures show – The Independent

‘Children in prison are twice as likely to have special educational needs as those in the general population, new figures reveal, prompting concern that vulnerable teenagers are being let down by mainstream services.’

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The Independent, 4th August 2019

Source: www.independent.co.uk

Court of Appeal allows possession despite landlord’s failure to carry out a PSED assessment – Local Government Lawyer

Posted August 2nd, 2019 in disabled persons, equality, landlord & tenant, news, repossession by tracey

‘A housing association has been granted possession of a property despite not undertaking an assessment under the Public Sector Equality Duty (PSED) before issuing the claim for possession because the outcome would have been no different had it done so, the Court of Appeal has ruled.’

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Local Government Lawyer, 1st August 2019

Source: www.localgovernmentlawyer.co.uk

Capacity to consent to sexual relations: obscurity illuminated? – Transparency Project

‘The intimate life of a woman, who is known to the public only by the initials NB, is the subject of a case in the Court of Protection which attracted headlines earlier this year. A further judgment has recently been published, following an interim judgment published in May.’

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Transparency Project, 23rd July 2019

Source: www.transparencyproject.org.uk

Council defeats judicial review challenge over changes to school transport and SEN transport policies – Local Government Lawyer

‘Leicestershire County Council has defeated a High Court challenge brought by a 17-year-old, severely disabled girl over proposed changes to its school transport policies.’

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Local Government Lawyer, 22nd July 2019

Source: www.localgovernmentlawyer.co.uk

Two million of UK’s lowest-paid may get statutory sick pay – The Guardian

Posted July 15th, 2019 in consultations, disabled persons, health, news, remuneration, sick leave by tracey

‘Two million low-paid workers may for the first time be entitled to statutory sick pay under proposals that the government hopes will also encourage more people with disabilities and long-term conditions back into work.’

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The Guardian, 15th July 2019

Source: www.theguardian.com

Tribunal rejects paralegal’s disability discrimination claim – Legal Futures

‘An employment tribunal has comprehensively rejected a disability discrimination claim brought by a paralegal who worked for well-known personal injury firm Ralli.’

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Legal Futures, 5th July 2019

Source: www.legalfutures.co.uk

Court of Protection issues ruling in test case on appointment of personal welfare deputies – Local Government Lawyer

‘A Court of Protection judge has clarified the circumstances in which family members may become personal welfare deputies for people aged over 18, calling for the Code of Practice under the Mental Capacity Act 2005 to be redrafted.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Ombudsman urges councils to check procedures when dealing with people with ‘hidden disabilities’ – Local Government Lawyer

Posted July 3rd, 2019 in disabled persons, local government, London, news, ombudsmen, reports by sally

‘The Local Government & Social Care Ombudsman has called on councils to check their procedures to avoid disadvantaging people with ‘hidden disabilities’, following the publication of three separate investigation reports into London councils.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

‘Councils Cannot Blame Funding For Special Educational Needs Failures’, High Court Told – Rights Info

‘A lack of funding gives councils “no excuse” for failing to meet their legal duty to children with special educational needs and disabilities (SEND), a court has heard.’

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Rights Info, 27th June 2019

Source: rightsinfo.org

Ombudsman urges county council to bring its assessments into line with Care Act 2014 – Local Government Lawyer

Posted June 26th, 2019 in disabled persons, duty of care, local government, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman has called on Somerset County Council to put in place the recommendations he has made to bring its assessments into line with the requirements of the Care Act.’

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Local Government Lawyer, 24th June 2019

Source: www.localgovernmentlawyer.co.uk