Council faces judicial review over SEND cuts – Local Government Lawyer

‘A group of parents of children with special educational needs or disabilities has been granted permission to take the London Borough of Waltham Forest to judicial review over spending cuts.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Determining and Recording Best Interests – 39 Essex Chambers

‘The purpose of this document is to provide those who have to consider best interests with an overview of the relevant law and principles. Its focus is on: (a) how to apply the MCA 2005 principles when assessing best interests; and (b) how to record your assessment, primarily in the context of health and welfare decisions. It is a companion to our guide to carrying out capacity assessments.’

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33 Essex Chambers, July 2020

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

Council to review decision-making process and reimburse mother after boy left without suitable education for second time – Local Government Lawyer

‘Norfolk County Council has agreed to review its decision-making process and internal communications in relation to its special educational needs services, and provide its People and Communities select committee with regular updates on its performance, following a critical report from the Local Government and Social Care Ombudsman.’

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Local Government Lawyer, 2nd July 2020

Source: www.localgovernmentlawyer.co.uk

Solicitor fined after conviction for abusive Facebook messages – Legal Futures

‘A junior solicitor diagnosed with Asperger’s syndrome who was convicted after sending a woman he briefly dated a series of abusive Facebook messages has been fined £10,000 by a disciplinary tribunal.’

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Legal Futures, 24th June 2020

Source: www.legalfutures.co.uk

Court of Appeal allows appeal over refusal of application for intermediary assessment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal from a case management decision in care proceedings refusing an application by a parent with a learning disability for an intermediary assessment and the appointment of an intermediary.’

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Local Government Lawyer, 22nd June 2020

Source: www.localgovernmentlawyer.co.uk

BSB defends online exams after students raise discrimination concerns – Law Society’s Gazette

‘The Bar Standards Board has defended its decision to move exams online, saying “there was simply not enough time” to consult widely about the change. Students have claimed the computer-based assessments will discriminate against women, carers and disabled candidates.’

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Law Society's Gazette, 19th June 2020

Source: www.lawgazette.co.uk

EHRC reports on inclusive justice – UK Human Rights Blog

‘Ten years after the Equality Act came into force, the Equality and Human Rights Commission (EHRC) have published their findings and recommendations in a report entitled “Inclusive Justice: a system designed for all”. Although the report recognises where progress has been made, it also identifies very significant problems.’

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UK Human Rights Blog, 16th June 2020

Source: ukhumanrightsblog.com

Triaging Coronavirus treatment – (3) the Guidance and discrimination – Cloisters

As part of our series considering the human rights and equality implications of Covid-19, Catherine Casserley and Declan O’Dempsey consider BMA Guidance on the use of characteristics of age and disability in medical triage in the light of discrimination law. This article considers the impact of discrimination law on the guidance.

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Cloisters, 9th June 2020

Source: www.cloisters.com

Removal of life support was in patient’s best interests and respected his autonomy – UK Human Rights Blog

‘This sensitive and compassionate judgment by Hayden J following a remote hearing of the Court of Protection is therefore worth our attention, as we all become more aware of how acutely things slip out of our control, not least of all our health.’

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UK Human Rights Blog, 12th June 2020

Source: ukhumanrightsblog.com

EHRC urges compulsory disability training for lawyers – Legal Futures

‘Disability awareness should be a professional requirement, and a mandatory element of criminal lawyers’ CPD, the Equality and Human Rights Commission (EHRC) has recommended.’

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Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk

Vulnerability vs. Disability: McMahon v Watford BC [2020] EWCA Civ 497; [2020] 4 WLUK 99, a sensible clarification – St Ives Chambers

‘This case determines, definitively, that a thorough vulnerability assessment with an acknowledgement of a consideration of the Public Sector Equality Duty (‘PSED’) can satisfy the statutory duty pursuant to section 149 of the Equality Act 2010. No further assessment is automatically required.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Court overturns ‘right to sex’ ruling on man who cannot understand consent – The Guardian

‘The court of appeal has overturned a controversial ruling that a man has a “fundamental right to sex” even though he cannot understand the issue of consent.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Capacity, DOLS and Covid-19- Updated Guidance – Doughty Street Chambers

‘The Government has provided additional guidance on looking after those who may lack capacity in the pandemic.’

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Doughty Street Chambers, 11th June 2020

Source: insights.doughtystreet.co.uk

Limitation: When Does Time Start to Run? – Hailsham Chambers

Posted June 11th, 2020 in contracts, disabled persons, insurance, limitations, news, restitution by sally

‘The key phrase in most but not all of the sections of the Limitation Act 1980 is the accrual of the “cause of action”. Time runs from the accrual of the cause of action.’

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Hailsham Chambers, June 2020

Source: www.hailshamchambers.com

Life-support patient who refused stoma allowed to die – BBC News

‘An ill man who did not want to live with a stoma has died after a judged ruled life-support treatment could end.’

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BBC News, 10th June 2020

Source: www.bbc.co.uk

Criminal justice system failing disabled defendants, EHRC warns – The Guardian

Posted June 11th, 2020 in criminal justice, disabled persons, equality, news by sally

‘The criminal justice system in England and Wales is failing defendants who are disabled or have mental health conditions and needs reform to ensure everyone receives a fair trial, the equalities watchdog has warned.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

High Court judge issues mandatory order requiring council to provide urgent night-time support for disabled brothers – Local Government Lawyer

‘A local authority acted unlawfully after it failed to provide night-time care and support to two adult brothers with severe physical and learning disabilities pending a full needs reassessment, a High Court judge has ruled.’

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Local Government Lawyer, 8th June 2020

Source: www.localgovernmentlawyer.co.uk

Be wary of the ‘last straw’: Williams v Alderman Davies Church in Wales Primary School UKEAT/0108/19/LA – 3PB

‘The Claimant (“C”) was a primary school teacher who had worked for Alderman Davies Church in Wales Primary School (“the School”) for a number of years. The Respondent (“R”) was the governing body of the School. It was agreed between the parties that from April 2015, C had a disability by reason of a mental impairment affecting, in particular, his reaction to and behaviour in stressful situations.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Delays and duties and human rights – Nearly Legal

‘Mr I, his wife and child had been given the tenancy of a two bedroom flat on the eight floor of a block of flats in discharge of the council’s homeless duty to them in September 2017. In November 2017 Mr I was suddenly paralysed from the waist down. He could not leave his bedroom and a wheelchair could not be used in the flat. The council carried out Care Act 2014 assessments, which acknowledged that he had a clear need to move to a suitable property, ground floor with 3 bedrooms and in which a wheelchair could be used.’

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Nearly Legal, 3rd June 2020

Source: nearlylegal.co.uk

Barnsley hospital patient should be allowed to die, says judge – BBC News

‘An ill man with a history of bowel problems who does not want to live with a stoma should be allowed to die, a judge has ruled.’

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BBC News, 4th June 2020

Source: www.bbc.co.uk