FS v RS and JS – A Most Unusual Case about the bank of mum and dad… – Transparency Project

‘Described as “a most unusual case”, the Family Court at the Royal Courts of Justice recently dismissed a forty-one-year-old son’s claim that the “bank of mum and dad” was legally obligated to maintain him. Most court orders for the payment of maintenance of children provide for that obligation to end at the age of 18 or upon the child leaving school. The courts retain jurisdiction to make or vary orders for maintenance of children in limited circumstances, including where there is already a court order in force, to meet expenses in connection with education or training for a trade, profession or vocation, and where the child has expenses attributable to a disability. In FS v RS and JS [2020] EWFC 63, Sir James Munby considered whether the court had jurisdiction in relation to claims under the Matrimonial Causes Act 1973 and the Children Act 1989 and whether jurisdiction under the inherent jurisdiction could be exercised as the Applicant asserted. This is an overview of Munby J’s remarkable judgment in light of an unprecedented proposition upon the court’s traditionally paternal or parental character.’

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Transparency Project, 19th October 2020

Source: www.transparencyproject.org.uk

Crimes linked to race and religion rise in England and Wales – The Guardian

‘The number of racially or religiously aggravated offences in England and Wales rose in June and July, most likely linked to Black Lives Matters rallies and far-right counter-protests, the Home Office has said.’

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The Guardian, 13th October 2020

Source: www.theguardian.com

Grenfell victim’s family aims to force change to evacuation rules for disabled people – The Guardian

‘The family of a disabled woman who died trapped in Grenfell Tower is taking legal action against the government to force high-rise owners to make evacuation plans for every disabled resident. Sakina Afrasehabi, who had severe arthritis and walked with a frame, died on the 18th floor in the June 2017 blaze at the age of 65. Now her family want a judicial review of government proposals, arising from the disaster, that personal evacuation plans should only apply for people in buildings considered at immediate fire risk.’

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The Guardian, 5th October 2020

Source: www.theguardian.com

Disabled lawyers “benefit from homeworking during pandemic” – Legal Futures

‘The suspension of office working under lockdown has helped improve the mental and physical health of disabled lawyers, research has indicated.’

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Legal Futures, 2nd October 2020

Source: www.legalfutures.co.uk

Man, 41, loses ‘unprecedented’ legal bid for parents’ financial support – BBC News

Posted October 1st, 2020 in disabled persons, families, financial provision, mental health, news by sally

‘A 41-year-old man has failed in a legal bid to force his wealthy parents to continue financially supporting him.’

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BBC News, 30th September 2020

Source: www.bbc.co.uk

Disabled homeless man wins ‘no DSS’ case against estate agency – The Guardian

‘A homeless father of four with disabilities who was refused the chance to rent a private flat because he fell foul of the estate agents’ “no DSS” rules was unlawfully discriminated against, a court has ruled.’

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The Guardian, 9th September 2020

Source: www.theguardian.com

Grammar school discriminated against visually impaired child, tribunal finds – The Guardian

‘Grammar schools in England will have to ensure their 11-plus entrance exams are accessible to disabled pupils, after a legal ruling found a visually impaired child suffered discrimination when he was refused the opportunity to take the exam.’

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The Guardian, 9th September 2020

Source: www.theguardian.com

Oxford Union: Blind student removed from debate compensated – BBC News

‘A blind student who was “violently” removed from the Oxford Union debating society has been paid compensation.’

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BBC News, 2nd September 2020

Source: www.bbc.co.uk

Government spends £120m in taxpayer money fighting disability benefit claims in two years, figures show – The Independent

Posted September 2nd, 2020 in appeals, benefits, disabled persons, government departments, news, statistics, tribunals by tracey

‘The government has spent more than £120m in taxpayers’ money fighting disability benefit claims in the last two years – despite losing three-quarters of tribunal appeals, The Independent can reveal.’

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The Independent, 1st September 2020

Source: www.independent.co.uk

Family Court judge allows autistic mother to type evidence in witness box during care proceedings – Local Government Lawyer

‘A Family Court judge has hailed the success of allowing an autistic mother’s oral evidence in care proceedings to be given by presenting her with written questions whilst in the witness box and for the answers to be typed in real time.’

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Local Government Lawyer, 25th August 2020

Source: www.localgovernmentlawyer.co.uk

Claimants vow to appeal after High Court dismisses challenge over “downgrading” during pandemic of rights of children with SEN – Local Government Lawyer

‘A High Court judge has dismissed a legal challenge to the Education Secretary’s decisions to reduce the obligations on local authorities to make statutory educational and health care provision for children and young people with special educational needs and disabilities in England during the pandemic.’

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Local Government Lawyer, 19th August 2020

Source: www.localgovernmentlawyer.co.uk

Capacity and Serious Medical Treatment – Pump Court Chambers

‘This case concerned a young woman, K, who was assessed to lack capacity. K was diagnosed with cancer. The proposed treatment was “complex”, “intrusive” and was described as a “life-altering complexion”.’

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Pump Court Chambers, 6th August 2020

Source: www.pumpcourtchambers.com

Mayor defeats Court of Appeal challenge to removal of congestion charge exemption from minicab drivers – Local Government Lawyer

‘The Court of Appeal has found for the Mayor of London Sadiq Khan in a case brought by minicab drivers, despite judges being troubled by aspects of his actions.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Is it an error of law to consider the requirements of s6 EQA in a sequential order? No, says the EAT in Khorochilova v Euro Rep Ltd UKEAT/0266/19/DA – 3PB

‘Following her summary dismissal for gross misconduct, the Claimant brought various claims against her former employer, including a claim of disability discrimination. A preliminary hearing was listed in July 2017 to determine whether she was disabled at the material time. The Claimant identified her disability as ‘Mixed Personality Disorder’, which she said, made her ‘somewhat obsessive’ and a bit of a ‘perfectionist’. She relied upon a report prepared by a Consultant Psychiatrist, Dr Schuff, which had been prepared at some point in 2010. Dr Schuff declined to diagnose the Claimant as having a multiple personality disorder but described her as suffering with ‘problematic personality traits’. There was no reference to mixed personality disorder within the Claimant’s GP records until after she was dismissed.’

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3PB, 3rd August 2020

Source: www.3pb.co.uk

Can a Tribunal use the “but for” test to decide whether a claimant was treated unfavourably because of something arising in consequence of their disability? – 3PB

‘The answer remains, “No”, on the authority of this recent Court of Appeal decision, which has particular relevance for cases where a disabled Claimant complains that a failure to make adjustments for them, in a timely fashion, has caused them undue stress and suffering.’

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3PB, 3rd August 2020

Source: www.3pb.co.uk

Watchdog exposes ‘unacceptable’ treatment of children in English court cells – The Guardian

‘Children with Down’s syndrome and autism were among those left for hours in court cells while they waited for legal representation or transport, a custody watchdog has revealed in a damning report.’

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The Guardian, 7th August 2020

Source: www.theguardian.com

Autism in children: ‘Many families face council discrimination’ – BBC News

‘More than a quarter of English councils are acting unlawfully by discriminating against children with autism, according to a report by disability law experts.’

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BBC News, 4th August 2020

Source: www.bbc.co.uk

Council loses High Court battle over level of support for disabled young woman – Local Government Lawyer

‘The London Borough of Southwark has lost a High Court case over a disabled young woman’s care plan after a judge found aspects of the council’s case to be materially flawed or erroneous.’

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Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

Unfit for work? Fair trial rights means benefit pending review – Doughty Street Chambers

Posted July 28th, 2020 in appeals, benefits, disabled persons, employment, human rights, news by sally

‘Mr Connor, a litigant in person, yesterday persuaded the High Court to strike down a benefit review rule as a breach of Article 6 of the European Convention on Human Rights.’

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Doughty Street Chambers, 25th July 2020

Source: insights.doughtystreet.co.uk

The Legal Aid Funding Gap Could ‘Push Millions Into Poverty’. What Can We Do? – Each Other

Posted July 28th, 2020 in bereavement, carers, disabled persons, human rights, law centres, legal aid, news by sally

‘“There is no way on heaven and earth that I would have been able to [fight my case] in the state I was, I would have just fallen through,” says Michael, whose wife Pauline tragically passed away from a progressive degenerative condition in July 2017.’

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Each Other, 27th July 2020

Source: eachother.org.uk