High Court finds council in breach of duties to disabled child – Local Government Lawyer

Posted December 8th, 2023 in children, disabled persons, families, local government, news, statutory duty by michael

‘In TS, R (on the application of) v The London Borough of Hackney [2023] EWHC 3063 (Admin), Jonathan Glasson KC, sitting as a Deputy Judge of the High Court, quashed the council’s assessment and care planning decision, concluding that the decision making in relation to the care package was “flawed”.’

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Local Government Lawyer, 7th December 2023

Source: www.localgovernmentlawyer.co.uk

Assistant Coroner finds failings by social landlord and council in part caused death of epileptic woman who fell from her balcony – Local Government Lawyer

Posted December 5th, 2023 in disabled persons, housing, inquests, local government, news by sally

‘An inquest into the death of a 39-year-old woman, who fell from the balcony of her third floor flat in west London after an epileptic seizure, has found that the failure of the local housing authority and a housing association to provide her with safe accommodation was a cause of her death.’

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Local Government Lawyer, 4th December 2023

Source: www.localgovernmentlawyer.co.uk

High court to consider whether universities owe students legal duty of care – The Guardian

‘The high court is to consider for the first time whether universities owe a legal duty of care to their students, which campaigners argue would save lives and bring England and Wales in line with other countries.’

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The Guardian, 20th November 2023

Source: www.theguardian.com

My heart breaks – solitary confinement in hospital has no therapeutic benefit for people with a learning disability and autistic people – Mental Capacity Law and Policy

‘Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme for people with a learning disability and autistic people in inpatient settings. In fact the final report was completed in July 2023, but was not published until 8 November 2023, alongside the Government’s responses.’

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Mental Capacity Law and Policy, 9th November 2023

Source: www.mentalcapacitylawandpolicy.org.uk

End solitary confinement for children and limit it for adults, review demands – The Independent

‘Autistic children and those with a learning disability should never be subjected to long-term segregation in hospital – and its use should be “severely curtailed” for adults, a review has recommended.’

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The Independent, 8th November 2023

Source: www.independent.co.uk

Rise in UK employment tribunal claims alleging neurodiversity discrimination – OUT-LAW.com

Posted November 8th, 2023 in disabled persons, employment, employment tribunals, equality, news by sally

‘Helen Corden tells HRNews about supporting neurodiverse staff in the workplace.’

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OUT-LAW.com, 7th November 2023

Source: www.pinsentmasons.com

Drunk father jailed for manslaughter of disabled son in motorway crash – The Independent

‘A father whose disabled 12-year-old son was killed while trying to run across the M62 has been sentenced to 10 years in prison.’

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The Independent, 6th November 2023

Source: www.independent.co.uk

Abused care home resident secures ‘landmark’ settlement of legal claim – The Independent

‘A vulnerable former care home resident has secured the High Court’s approval of a “landmark” settlement of his legal claim over the abuse he suffered at the hands of staff.’

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The Independent, 1st November 2023

Source: www.independent.co.uk

Disabled law firm director was unfairly dismissed, tribunal rules – Legal Futures

‘A disabled director of leading legal aid firm Duncan Lewis was unfairly dismissed over absences from work and his failure to report them, an employment tribunal has ruled.’

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Legal Futures, 31st October 2023

Source: www.legalfutures.co.uk

Review into 50-year-old laws on social care for disabled children – Law Commission

‘Law Commission aims to simplify and strengthen the law, allowing children with disabilities to access the support they need. The review will ensure the law is fair, modern and accessible, works for parents, care givers and local authorities.’

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Law Commission, 17th October 2023

Source: www.lawcom.gov.uk

Public Law Newsletter: Sept 23 – Spire Barristers

‘Public Law Newsletter September 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 12th September 2023

Source: www.spirebarristers.co.uk

Changes To The EU Settlement Scheme: ‘When People’s Vulnerability Is Weaponised’ – Each Other

Posted October 17th, 2023 in brexit, disabled persons, families, immigration, news by sally

‘In October 2019, three years after the Brexit referendum, I received my OISC (Office of the Immigration Services Commissioner) accreditation and began volunteering as an immigration adviser. Only a few months prior, I had been through my own personal experience of the EU Settlement Scheme (EUSS), applying for and being granted settled status.’

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Each Other, 16th October 2023

Source: eachother.org.uk

Homelessness and evidence – Nearly Legal

‘Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster (2023) EWHC 185 (Admin). A judicial review of what was alleged to be Westminster’s failure to meet its s.188(1) duty to secure suitable accommodation and breach of Public Sector Equality Duty.’

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Nearly Legal, 15th October 2023

Source: nearlylegal.co.uk

Trevor Monerville: Coroner criticises ‘unacceptable’ care of Black epileptic man who died in prison – The Independent

‘Healthcare and prison officers ignored “multiple warnings” about prisoner’s condition amid a “woeful” lack of understanding around his seizures, lawyers claim.’

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The Independent, 3rd October 2023

Source: www.independent.co.uk

Dyslexia and the importance of assessing the effect of disability on giving evidence – 3PB

‘The Appellant was Ms Habib. She brought a discrimination case against the Respondent, the nature of which was not really relevant to the decision of the EAT. Credibility was a key issue however. The Tribunal found that the way the Appellant gave evidence led them to believe that she was not always being truthful and that her recollection was sometimes unreliable. Her claims were dismissed.’

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3PB, 4th September 2023

Source: www.3pb.co.uk

Woman alleging menopause discrimination to be heard by employment tribunal in legal first – The Independent

‘The case of a woman who was allegedly discriminated against due to suffering menopause symptoms will be heard by an employment tribunal this week in a legal first.’

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The Independent, 2nd October 2023

Source: www.independent.co.uk

Councils accused of “wasting” £60m in a year on tribunal battles over support for children with special educational needs – Local Government Lawyer

‘Councils wasted £60 million in a year on “unsuccessful court disputes” with parents and carers seeking support for children and young people with special educational needs and disabilities (SEND), according to research by Pro Bono Economics, commissioned by the Disabled Children’s Partnership.’

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Local Government Lawyer, 27th September 2023

Source: www.localgovernmentlawyer.co.uk

Councils ‘wasting millions’ on special educational needs legal disputes – The Independent

‘Councils in England have been accused of “wasting” millions of pounds in court disputes with parents and carers over disability and educational support for their children.’

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The Independent, 26th September 2023

Source: www.independent.co.uk

The Disability Ground in Abortion Law, and the Negative ‘Message’ it is Sending: R (Crowter) v Secretary of State for Health and Social Care – Oxford Human Rights Hub

Posted September 21st, 2023 in abortion, disabled persons, human rights, news by sally

‘A recent decision of the Court of Appeal involved a very interesting legal challenge based on an alleged negative “message” in the law. It raises important questions about the law on disability-selective abortion, but also more broadly on the possibility of challenges to the law based on any allegedly negative message.’

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Oxford Human Rights Hub, 21st September 2023

Source: ohrh.law.ox.ac.uk

Dialysis and different realities – the Court of Protection has to decide – Local Government Lawyer

‘In a recent ruling a senior judge has helpfully reminded us of the fact that a person with cognitive impairments may be operating within a very different reality to everyone else does not mean that it is a reality which can simply be ignored, writes Alex Ruck Keene KC (Hon).’

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Local Government Lawyer, 8th September 2023

Source: www.localgovernmentlawyer.co.uk