Disabled benefit claimants may have been mistreated – BBC News

Posted May 23rd, 2024 in benefits, disabled persons, equality, news, social security by sally

‘The government is being investigated by the equalities watchdog over claims that its treatment of disabled benefits claimants may have broken the law.’

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BBC News, 22nd May 2024

Source: www.bbc.co.uk

Inquiry to begin into DWP’s treatment of ill and disabled people on benefits – The Guardian

‘The treatment of chronically ill and disabled people by welfare officials, including benefits decisions subsequently linked to the deaths of vulnerable claimants, is to be formally investigated by Britain’s human rights watchdog.’

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The Guardian, 22nd May 2024

Source: www.theguardian.com

Employees and mental health – Local Government Lawyer

‘Do you have to excuse poor behaviour from an employee with a mental health problem? That was the issue the tribunal had to decide in a recent case, reports Jo Moseley.’

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Local Government Lawyer, 17th May 2024

Source: www.localgovernmentlawyer.co.uk

Greater support for neurodivergent offenders in bid to cut crime – Ministry of Justice

‘Staff dedicated to helping neurodivergent offenders are now in place in all public prisons in England and Wales.’

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Ministry of Justice, 16th May 2024

Source: www.gov.uk

Supporting disability at the Bar is a work of A.R.T. – Counsel

‘The Bar is slowly addressing the barriers to attracting disabled talent, says Daniel Holt, but there are more ways chambers can authentically commit to disability inclusion.’

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Counsel, May 2024

Source: www.counselmagazine.co.uk

Woman who caused cyclist to fall into car’s path has manslaughter conviction quashed – The Guardian

Posted May 9th, 2024 in appeals, bicycles, disabled persons, homicide, news, road traffic by sally

‘A woman who shouted and waved at a cyclist, causing her to fall into the path of a moving car, has had her manslaughter conviction overturned.’

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The Guardian, 8th May 2024

Source: www.theguardian.com

Reasonable Adjustments: Trial Periods and the Burden of Proof – 3PB

‘Stephen Wyeth reviews Rentokil Initial UK Ltd v Miller [2024] EAT 37 which deals with the issue of whether trial periods can be a reasonable adjustment in the context of existing case law and offers some useful discussion about how the burden of proof shifts in such cases.’

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3PB, 26th March 2024

Source: www.3pb.co.uk

Universal Credit, transitional protection and temporary accommodation – Nearly Legal

‘Secretary of State for Work and Pensions v JA (2024) UKUT 52 (AAC) (UTJ Church). This important Upper Tribunal decision holds that universal credit claimants leaving supported or temporary accommodation have been unlawfully losing ‘transitional protection’ due to the discriminatory effect of the Universal Credit (Transitional Provisions) Regulations 2014. It also holds that affected claimants can obtain a remedy through tribunal appeals.’

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Nearly Legal, 23rd April 2024

Source: nearlylegal.co.uk

Council managing its premises is not providing a service for Equality Act 2010 purposes – Nearly Legal

‘FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin). This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC’s failure to make physical adaptations to a flat occupied by RBKC’s tenant, Ms FG, to meet her disability related needs.’

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Nearly Legal, 14th April 2024

Source: nearlylegal.co.uk

Ashton-under-Lyne car thief jailed for kidnap of blind passenger – BBC News

‘A man who stole a car while a vulnerable 89-year-old passenger was inside it has been jailed.’

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BBC News, 15th April 2024

Source: www.bbc.co.uk

‘Guilty men have got away with it’: fears over rise of ‘sexsomnia’ defence in rape cases – The Guardian

‘Concerns that rare sleep disorder is being used as an ‘escape route’ in sexual offence trials prompt calls for safeguards to protect victims and the public.’

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The Guardian, 14th April 2024

Source: www.theguardian.com

Carers scandal: why are so many being prosecuted by the UK government? – The Guardian

‘George Henderson was convicted of fraud and had to repay £19,500 in carer’s allowance years after ticking the wrong box on the form. He is not alone. The Guardian society editor, Patrick Butler, looks at why thousands are facing prosecution over innocent mistakes.’

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The Guardian, 12th April 2024

Source: www.theguardian.com

Carer convicted over benefit error worth 30p a week fights to clear his name – The Guardian

‘A carer who says he was “dragged through the courts” and had to sell his home to pay back almost £20,000 in benefit overpayments is fighting to clear his name after the Department for Work and Pensions (DWP) acknowledged he made an innocent mistake.’

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The Guardian, 12th April 2024

Source: www.theguardian.com

Claimant fails in judicial review over SEND Review consultation and information on available remedies for tribunal in disability discrimination cases – Local Government Lawyer

‘The High Court has rejected a judicial review challenge brought on behalf of a 12-year-old boy with special educational needs to one of the 22 consultation questions contained in the SEND Review, the Government’s consultation Green Paper.’

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Local Government Lawyer, 26th March 2024

Source: www.localgovernmentlawyer.co.uk

Council decision on needs of teenager quashed in High Court after failure to assess “all relevant considerations” – Local Government Lawyer

‘A High Court judge has quashed a council’s decision in relation to the needs of a teenage boy, after it failed to assess “all relevant considerations” having departed from recommendations by the SEND tribunal.’

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Local Government Lawyer, 20th March 2024

Source: www.localgovernmentlawyer.co.uk

Suitability, disability discrimination and dogs – temporary accommodation – Nearly Legal

‘AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin). This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster’s policy of sourcing temporary accommodation, which was claimed to indirectly discriminate against disabled people.’

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Nearly Legal, 17th March 2024

Source: nearlylegal.co.uk

Vulnerable adults and non-recognition of marriage – Local Government Lawyer

‘Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.’

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Local Government Lawyer, 15th March 2024

Source: www.localgovernmentlawyer.co.uk

Kaylea Titford had no care plan in place when she died, review finds – The Guardian

‘A 16-year-old girl with “significant and chronic disabilities” who died in squalor at her family home in rural mid-Wales did not have a care plan in place, a child practice review into her death has found.’

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The Guardian, 14th March 2024

Source: www.theguardian.com

Reasonable Adjustments and Recording Tribunal Proceedings: Bella v Barclays Execution Services Ltd & Ors [2024] EAT 16 – Parklane Plowden Chambers

‘The Claimant/Appellant applied to the Employment Tribunal to be allowed to record a three-day preliminary hearing. The Employment Judge declined to grant the application as he was not satisfied with the evidence in support or that there was any significant disadvantage to the Appellant. In reaching his decision, the Judge did not refer to the guidance provided on this question in Heal v University of Oxford [2020] ICR 1294. Although the guidance in Heal is not mandatory, is in important in considering an application to record proceedings and by not referring to it, the Judge then failed to take into account factors material to the assessment of the Appellant’s application. The Judge should therefore have granted the application and it was right to make a declaration that the decision not to do so was unlawful.’

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Parklane Plowden Chambers, 27th February 2024

Source: www.parklaneplowden.co.uk

Is There a Place for Law to Regulate Menopause in the Workplace?”- by Eugenia Caracciolo di Torella and Pascale Lorber – UK Labour Law Blog

‘Questions are being raised about the role of the law in dealing with issues associated with the menopause in the workplace following the recent publication by the Equality and Human Rights Commission (EHRC) of the Guidance on the Menopause for Employers. The Guidance refers to the possibility of using discrimination law, in particular the disability provisions, to help women request adjustments in the workplace, and claim harassment if they are subject to unwelcome comments or behaviours because of the symptoms they are experiencing. This blog considers how the current legal framework needs some rethinking and adaptation given the number of workers affected by the menopause and the types of issues that have been raised in the workplace as a result.’

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UK Labour Law Blog, 8th March 2024

Source: uklabourlawblog.com