Category: disabled persons

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

Full-time carer crowd funds investigation into legal challenge over failure to increase Carer’s Allowance during coronavirus pandemic – Local Government Lawyer

Posted April 17th, 2020 in benefits, carers, coronavirus, disabled persons, families, news by sally

‘A mother who cares full-time for her severely disabled daughter is crowdfunding an investigation into the potential for a legal challenge over the government’s decision not to increase the Carer’s Allowance in line with other benefits in response to the COVID-19 outbreak.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Government faces legal action over failure to produce guidance on prioritisation of NHS treatment if demand outstrips supply – Local Government Lawyer

Posted April 16th, 2020 in coronavirus, disabled persons, government departments, judicial review, medical treatment, news by sally

‘Disability campaigners have threatened the Secretary of State for Health & Social Care and NHS England with a potential judicial review challenge over the failure to publish guidance on how NHS treatment for COVID-19 will be prioritised if demand outstrips supply.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Government changes how outdoor exercise guidance applies to people with specific health needs – Local Government Lawyer

Posted April 15th, 2020 in autism, coronavirus, disabled persons, emergency powers, enforcement, freedom of movement, government departments, judicial review, learning difficulties, news, pre-action conduct, proportionality by sally

‘The Government has changed its leaving home guidance to permit people with specific health needs to exercise outside more than once a day and to travel to do so where necessary, following the threat of a judicial review challenge.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Not a disciplinary stick – PSED and homeless reviews – Nearly Legal

Posted April 14th, 2020 in appeals, disabled persons, equality, homelessness, housing, local government, news by sally

‘We saw the approach of the Court of Appeal to the operation of the Public Sector Equality Duty (PSED) in possession proceedings in Luton Community Housing v Durdana. Now, in these joined appeals, the Court of Appeal turns its attention to PSED in homeless decisions and reviews.’

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Nearly Legal, 12th April 2020

Source: nearlylegal.co.uk

Disabled man stuck in bedroom on eighth-floor flat for 20 months loses judicial review challenge – Local Government Lawyer

Posted April 9th, 2020 in compensation, disability discrimination, disabled persons, housing, human rights, judicial review, landlord & tenant, local government, news by sally

‘A man in his early sixties with a complex medical history and disabilities who spent almost 20 months without being able to leave his bedroom in an eighth-floor council flat has failed in a judicial review claim against a council for compensation and declaratory relief.’

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Local Government Lawyer, 8th April 2020

Source: www.localgovernmentlawyer.co.uk

High Court judge quashes refusal by council of disabled facilities grant – Local Government Lawyer

Posted April 3rd, 2020 in disability discrimination, disabled persons, equality, housing, landlord & tenant, local government, news by sally

‘Councils cannot treat disabled facilities grant (DFG) applications from council tenants differently to those from others, the High Court has ruled.’

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Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

NICE amends Covid-19 critical care guideline after judicial review threat – Local Government Lawyer

Posted April 2nd, 2020 in autism, children, coronavirus, disability discrimination, disabled persons, equality, hospitals, judicial review, learning difficulties, local government, medical treatment, news by sally

‘The National Institute for Health and Care Excellence (‘NICE’) has changed the COVID-19 guideline for clinical care after being threatened with a judicial review challenge.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Families of disabled children threaten legal challenge over government limit on outdoor exercise – Local Government Lawyer

Posted April 2nd, 2020 in autism, children, coronavirus, disability discrimination, disabled persons, emergency powers, families, freedom of movement, government departments, human rights, news, proportionality by sally

‘A pre-action protocol letter has been sent to the Government calling on it to reconsider the policy that all citizens are only permitted to leave the house for exercise once per day.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Crown prosecutor with PTSD was not discrimination victim – Legal Futures

Posted March 26th, 2020 in Crown Prosecution Service, disability discrimination, disabled persons, employment, employment tribunals, news, sick leave by sally

‘An experienced Crown prosecutor who resigned after developing post-traumatic stress order (PTSD) from being threatened at a magistrates’ court was not discriminated against, an employment tribunal has ruled.’

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Legal Futures, 26th March 2020

Source: www.legalfutures.co.uk

Upper Tribunal rules that a British child living with her mother in the UK will not be entitled to Disability Living Allowance if her father is living and working in another EU State – Garden Court Chambers

Posted March 24th, 2020 in benefits, chambers articles, children, disabled persons, EC law, families, news, tribunals by sally

‘In AH v Secretary of State for Work and Pensions [2020] UKUT 53 (AAC), the claimant and her parents are British citizens. The parents separated in 2011 but are not divorced. The father moved to live and work in Belgium. In October 2013, the Claimant (the daughter) claimed Disability Living Allowance (DLA) when she was four years old. The care component was awarded at the middle rate, but the award was later removed when the Department for Work and Pensions (DWP) became aware that the claimant’s father was living and working in Belgium.’

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Garden Court Chambers, March 2020

Source: www.gardencourtchambers.co.uk

Issuing an EHC Plan—the meaning of ‘necessary’ (Nottinghamshire County Council v SF and another) – 3PB

Posted March 23rd, 2020 in appeals, chambers articles, disabled persons, education, interpretation, learning difficulties, local government, news, school children by sally

‘The Court of Appeal held that the First-Tier Tribunal (FTT) had correctly construed the meaning of ‘necessary’ in section 37(1) of the Children and Families Act 2014 (CFA 2014) in finding that it was necessary for special educational provision to be made for HD in accordance with an EHC Plan. This was despite his school having identified his needs, made provision to meet those needs and HD making progress at school. The court considered and affirmed the approach to making a determination under CFA 2014, s 37, determining what is ‘necessary’ requires an evaluative judgment based on the facts of each case.’

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3PB, 9th March 2020

Source: www.3pb.co.uk

Mother sends letter before action to government over coronavirus and strategy for needs of younger disabled people, lack of testing of health and social care workers – Local Government Lawyer

Posted March 19th, 2020 in children, coronavirus, disabled persons, news, social services by sally

‘Claimant law firm Simpson Millar has sent a letter before action on behalf of the mother of a child with a number of complex health and learning disabilities calling on the UK government to confirm its strategy for “meeting the needs of younger disabled people (children and working age adults) in the context of the current pandemic”.’

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Local Government Lawyer, 18th March 2020

Source: www.localgovernmentlawyer.co.uk

SRA: “Solicitors conceal disability for fear of harming careers” – Legal Futures

Posted March 16th, 2020 in disability discrimination, disabled persons, equality, law firms, news, solicitors, Solicitors Regulation Authority, statistics by sally

‘Many disabled solicitors have downplayed the extent of their disability because they do not trust law firms to meet their needs, research has revealed.’

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Legal Futures, 16th March 2020

Source: www.legalfutures.co.uk

DWP employees with disabilities paid almost £1m in discrimination cases across four years – The Independent

Posted March 9th, 2020 in compensation, disability discrimination, disabled persons, employment, employment tribunals, government departments, news, statistics by tracey

‘The Department for Work and Pensions has had to pay out almost £1m to employees with disabilities in discrimination cases in the space of four years.’

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The Independent, 9th March 2020

Source: www.independent.co.uk

ICTS (UK) Ltd v Visram (2020) EWCA 202 – Old Square Chambers

Posted February 26th, 2020 in appeals, chambers articles, disability discrimination, disabled persons, employment, employment tribunals, equality, news, unfair dismissal by sally

‘Do the words “return to work” in a long-term disability scheme mean return to any work or the work that the employee was undertaking prior to going on long term sickness?’

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Old Square Chambers, 24th February 2020

Source: www.oldsquare.co.uk

Claimant fails in judicial review challenge over Qualified One-Way Costs-Shifting and discrimination claims – Local Government Lawyer

Posted February 26th, 2020 in costs, disability discrimination, disabled persons, equality, judicial review, local government, news by sally

‘A High Court judge has rejected a judicial review challenge over an asserted decision of the Lord Chancellor not to extend Qualified One-Way Costs-Shifting (QOCS) to discrimination claims in the County Court and/or the failure to extend QOCS to such claims.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

CJC sets out rule changes to help vulnerable witnesses – Litigation Futures

Posted February 25th, 2020 in civil justice, Civil Justice Council, civil procedure rules, disabled persons, mental health, news, reports, witnesses by sally

‘The Civil Justice Council (CJC) has set out detailed changes it believes should be made to the Civil Procedure Rules to help vulnerable parties and witnesses, including an amended overriding objective.’

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Litigation Futures, 25th February 2020

Source: www.litigationfutures.com