‘A 67-year-old retired primary school teacher who has a neurological disorder that causes her to make involuntary sounds and noises has failed in a judicial review challenge over a noise abatement notice.’
Local Government Lawyer, 26th May 2020
Source: www.localgovernmentlawyer.co.uk
‘Disability campaigners have sent a letter before action to five public bodies over what they say has been a failure to mandate the collection and publication of data on the deaths of people with learning disabilities and autism during the coronavirus pandemic.’
Local Government Lawyer, 21st May 2020
Source: www.localgovernmentlawyer.co.uk
‘A primary school breached the Data Protection Act 1988 and Human Rights Act 1998 and unlawfully misused the personal information of a child with Down’s Syndrome and her mother, the High Court has ruled.’
Local Government Lawyer, 18th May 2020
Source: www.localgovernmentlawyer.co.uk
‘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”).’
Monckton Chambers, 12th May 2020
Source: www.monckton.com
‘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.’
3PB, May 2020
Source: www.3pb.co.uk
‘In this blog, we consider the employment protections from discrimination and dismissal available to disabled people who are also shielding during Covid-19.’
1MCB, May 2020
Source: 1mcb.com
‘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.’
Garden Court Chambers, 27th April 2020
Source: www.gardencourtchambers.co.uk
‘A disabled woman has sent a pre-action protocol letter to NHS England over its “Visitor guidance”, which imposes restrictions on those entering hospitals.’
Local Government Lawyer, 11th May 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Transparency Project, 4th May 2020
Source: www.transparencyproject.org.uk
‘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.’
Daily Telegraph, 4th May 2020
Source: www.telegraph.co.uk
‘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.’
BBC News, 1st May 2020
Source: www.bbc.co.uk
‘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.’
Law Society's Gazette, 1st May 2020
Source: www.lawgazette.co.uk
‘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).’
Local Government Lawyer, 30th April 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
BBC News, 30th April 2020
Source: www.bbc.co.uk
‘Deaf campaigners have started legal proceedings against the government over a lack of sign language interpreters at its daily coronavirus briefings.’
BBC News, 28th April 2020
Source: www.bbc.co.uk
‘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.’
Coronavirus: Guidance for Lawyers and Businesses, 27th April 2020
‘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.’
Transparency Project, 25th April 2020
Source: www.transparencyproject.org.uk
‘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.’
Nearly Legal, 26th April 2020
Source: nearlylegal.co.uk
‘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?’
Transparency Project, 24th April 2020
Source: www.transparencyproject.org.uk
‘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.’
Legal Futures, 24th April 2020
Source: www.legalfutures.co.uk
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