Category: disabled persons

Changes to the EHCP regime during Covid-19: a quick guide for parents and representatives – Monckton Chambers

Posted May 15th, 2020 in chambers articles, coronavirus, disabled persons, education, equality, learning difficulties, local government, news, school children by sally

‘On 1 May 2020, the entitlements of children with SEND (and their parents) in relation to the Education, Health and Care (EHC) Plan process changed. The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (the “New Regulations”) came into force. They will expire on 25 September 2020 unless extended. The New Regulations amend four existing sets of Regulations including the Special Educational Needs and Disability Regulations 2014 (the “SEND Regulations”).’

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Monckton Chambers, 12th May 2020

Source: www.monckton.com

Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA – 3PB

Posted May 13th, 2020 in appeals, chambers articles, disability discrimination, disabled persons, employment, employment tribunals, equality, hospitals, news, nurses by sally

‘Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? – Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA.’

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3PB, May 2020

Source: www.3pb.co.uk

Disability discrimination when shielded during Covid-19 – 1MCB

Posted May 12th, 2020 in coronavirus, disability discrimination, disabled persons, employment, news by sally

‘In this blog, we consider the employment protections from discrimination and dismissal available to disabled people who are also shielding during Covid-19.’

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1MCB, May 2020

Source: 1mcb.com

Separation REALLY is the last resort – Garden Court Chambers

Posted May 12th, 2020 in care orders, children, disabled persons, domestic violence, drug abuse, local government, news by sally

‘In this case, the local authority successfully applied for an interim care order as a result of the mother’s longstanding drug addiction (which had led to the need for one leg to be amputated and the use of a wheelchair), her chaotic lifestyle, and domestic abuse concerns. The child was placed with her mother in a residential unit.’

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Garden Court Chambers, 27th April 2020

Source: www.gardencourtchambers.co.uk

Disabled claimant to challenge NHS England guidance restricting hospital visitors – Local Government Lawyer

Posted May 12th, 2020 in coronavirus, disabled persons, equality, hospitals, human rights, judicial review, news by sally

‘A disabled woman has sent a pre-action protocol letter to NHS England over its “Visitor guidance”, which imposes restrictions on those entering hospitals.’

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Local Government Lawyer, 11th May 2020

Source: www.localgovernmentlawyer.co.uk

When Remote Justice Works – Transparency Project

Posted May 7th, 2020 in coronavirus, disabled persons, live link evidence, news, remote hearings, telecommunications by sally

‘During the current public health emergency, remote justice – hearings conducted wholly via audio/visual conferencing platforms – is the default position for all court cases. After early enthusiasm at the fact that the courts were able to acquire the technical skills and software to actually deliver remote hearings at all, there has been increasing concern about their efficacy, fairness and transparency and – in particular – about the loss of human connection and personal engagement they can entail, as described in these accounts from a judge, a journalist, and a lawyer). There has been less feedback from lay participants involved in remote justice, either as parties, or as observing members of the public.’

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Transparency Project, 4th May 2020

Source: www.transparencyproject.org.uk

Down’s Syndrome student wins compensation after school sent letter to parents detailing violent behaviour – Daily Telegraph

Posted May 5th, 2020 in compensation, data protection, disabled persons, human rights, news, school children, special educational needs by sally

‘The family of a child with Down’s Syndrome has been awarded compensation after a primary school sent a letter to parents detailing her violent behaviour and disability.’

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Daily Telegraph, 4th May 2020

Source: www.telegraph.co.uk

Errol Graham death: Judicial review move over DWP policy – BBC News

Posted May 4th, 2020 in benefits, bereavement, causing death of children or vulnerable adults, disabled persons, equality, government departments, human rights, inquests, judicial review, mental health, news by sally

‘The family of a mentally ill man who starved to death after his benefits were cut have applied for a judicial review of government policy.’

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BBC News, 1st May 2020

Source: www.bbc.co.uk

Government legal move risks councils ‘downing tools’ on support for disabled children – Law Society’s Gazette

Posted May 1st, 2020 in children, coronavirus, disabled persons, easements, education, learning difficulties, local government, news, school children, social services, statutory duty by sally

‘The Department for Education has taken two key steps to relieve councils of duties related to children with special educational needs (SEN) during the Covid-19 crisis.’

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Law Society's Gazette, 1st May 2020

Source: www.lawgazette.co.uk

Department for Education relaxes statutory timescales in four sets of regulations relating to SEN system – Local Government Lawyer

Posted May 1st, 2020 in coronavirus, disabled persons, education, equality, learning difficulties, local government, news, school children by sally

‘Various statutory deadlines in four sets of regulations dealing with special educational needs and disabilities, principally those that relate to EHC [Education, Health and Care] needs assessment and plan processes, will be modified with effect from tomorrow (1 May).’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

‘Justice not charity’ – the blind marchers who made history – BBC News

Posted May 1st, 2020 in demonstrations, disability discrimination, disabled persons, employment, equality, news, remuneration, trade unions by sally

‘A century ago blind and partially sighted people marched on London to lobby the government to improve their living and working conditions. The 1920 Blind March has become a milestone in the history of the disability rights movement. But as recreating a large gathering is not possible in current circumstances, blind people are using their daily personal exercise to mark the anniversary.’

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BBC News, 30th April 2020

Source: www.bbc.co.uk

Coronavirus: Lack of sign language interpreters leads to legal case against government – BBC News

Posted April 29th, 2020 in coronavirus, disability discrimination, disabled persons, equality, government departments, judicial review, news by sally

‘Deaf campaigners have started legal proceedings against the government over a lack of sign language interpreters at its daily coronavirus briefings.’

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BBC News, 28th April 2020

Source: www.bbc.co.uk

The Care Act, Article 8 And Local Authority Duties: What Can A Recent Case Tell Us About A Local Authority’s Duty? – Coronavirus: Guidance for Lawyers and Businesses

Posted April 28th, 2020 in coronavirus, disabled persons, housing, judicial review, local government, news, statutory duty by sally

‘The recent judgment in R(Idolo) v London Borough of Bromley [2020] EWHC 860 (Admin) provides an important discussion of the positive duties of the state under Article 8 ECHR – and specifically, the issue of when an Article 8 breach may arise in the absence of any failure of a local authority to carry out statutory duties. Arianne Kelly discusses the case and its practical implications following the amendments that the Coronavirus Act made to the Care Act.’

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Coronavirus: Guidance for Lawyers and Businesses, 27th April 2020

Source: lawinthetimeofcorona.wordpress.com

Re Z – transparency and participation in the Court of Protection – Transparency Project

Posted April 28th, 2020 in contraception, Court of Protection, disabled persons, judgments, news, practice directions, remote hearings by sally

‘A judgment published this week on BAILII, Re Z, also, Oxford University Hospitals NHS Foundation Trust v Z (by her litigation friend, the Official Solicitor) [2020] EWCOP 20, is notable on two counts. First, that the case is described by the judge, Knowles J, as being held in public, although it was in fact a remote online hearing. Second, that “Z”, the 22 year old woman at the centre of the case had asked to be able to join the hearing but this had not been arranged.’

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Transparency Project, 25th April 2020

Source: www.transparencyproject.org.uk

Not signed, not sealed, not delivered – Nearly Legal

Posted April 27th, 2020 in county courts, debts, deposits, disability discrimination, disabled persons, equality, housing, landlord & tenant, news, notification, rent, repairs, repossession by sally

‘A first instance county court judgment on a possession claim, but with a range of interesting issues. The Ratcliffes were the landlords, Ms Patterson was the tenant and Mr Porter a guarantor, who played no part in proceedings. The tenancy was an assured shorthold tenancy with the most recent fixed term beginning in June 2018. Rent arrears accrued (on which more later) and the Ratcliffes brought a claim for possession under grounds 8, 10 and 11 Schedule 2 Housing Act 1988.’

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Nearly Legal, 26th April 2020

Source: nearlylegal.co.uk

Remote hearings and inclusive justice – Transparency Project

Posted April 27th, 2020 in coronavirus, courts, criminal justice, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, family courts, live link evidence, mental health, news, remote hearings by sally

‘How effectively are people with a cognitive impairment, mental health condition and/or neuro-diverse condition able to participate in proceedings in the justice system, particularly when they engage with that system via video or telephone link?’

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Transparency Project, 24th April 2020

Source: www.transparencyproject.org.uk

EHRC warning on use of video hearings in criminal cases – Legal Futures

Posted April 24th, 2020 in coronavirus, courts, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, live link evidence, miscarriage of justice, news by sally

‘The Equality and Human Rights Commission (EHCR) has called on the government to take action to reduce the risk of disabled people being wrongly convicted because of video hearings in criminal cases.’

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Legal Futures, 24th April 2020

Source: www.legalfutures.co.uk

Resuscitation and the value of a disabled person’s life: Triaging and Covid19 – Cloisters

Posted April 24th, 2020 in chambers articles, coronavirus, disability discrimination, disabled persons, equality, human rights, medical treatment, news by sally

‘What is your life worth? If you get Covid19, what criteria do you want clinicians to apply when triaging your case? Choices on withholding treatment have become starkly real in the Covid19 emergency. Such choices should be made on a basis respecting the dignity of the individual patient and not based on stereotypes relating to age or disability. The emergent guidance is not clear on these issues.’

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Cloisters, 22nd April 2020

Source: www.cloisters.com

Court hearings via video ‘risk unfairness for disabled people’ – The Guardian

Posted April 22nd, 2020 in coronavirus, courts, disability discrimination, disabled persons, equality, learning difficulties, live link evidence, news, remote hearings by sally

‘Remote video trials could disadvantage people with learning disabilities, the equalities watchdog has warned, as courts switch to online hearings during the coronavirus crisis.’

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The Guardian, 22nd April 2020

Source: www.theguardian.com

Vulnerability and the PSED: No arid debates. No straitjackets. No disciplinary stick – Local Government Lawyer

Posted April 20th, 2020 in appeals, disabled persons, equality, homelessness, housing, local government, news by tracey

‘The Court of Appeal has upheld the decisions of two councils where reviewing officers had considered the Public Sector Equality Duty without making clear findings as to whether the applicant in each case was disabled, and concluded that those applicants were not vulnerable. Michael Paget, Zoë Whittington, Catherine Rowlands and Rowan Clapp report.’

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Local Government Lawyer, 17th April 2020

Source: www.localgovernmentlawyer.co.uk