‘The Local Government and Social Care Ombudsman has called on Somerset County Council to put in place the recommendations he has made to bring its assessments into line with the requirements of the Care Act.’
Local Government Lawyer, 24th June 2019
Source: www.localgovernmentlawyer.co.uk
‘A three-judge panel of the Divisional Court has re-affirmed that, in general, medical inquests do not engage the State’s positive obligations under Article 2 of the European Convention on Human Rights.’
UK Human Rights Blog, 21st May 2019
Source: ukhumanrightsblog.com
‘Patients with mental health problems, autism and learning disabilities are being let down by a “broken” care system, a report warns.’
BBC News, 21st May 2019
Source: www.bbc.co.uk
‘The High Court has thrown out a personal injury claim – without letting the case go to full quantum trial – after the litigant presented an ‘egregiously untrue picture’ of his disabilities.’
Law Society's Gazette, 16th May 2019
Source: www.lawgazette.co.uk
‘The High Court in Leeds is this week (13-14) hearing a judicial review challenge to Rotherham Metropolitan Borough Council’s decision to close a day care centre for adults with learning disabilities.’
Local Government Lawyer, 14th May 2019
Source: www.localgovernmentlawyer.co.uk
‘How can someone who suffers from severely limited sight avail herself of the process for making a mark on a paper ballot under the Representation of the People Act 1983?’
UK Human Rights Blog, 12th May 2019
Source: ukhumanrightsblog.com
‘A man who lives with chronic and excruciating pain has begun a fresh legal challenge to the law that criminalises assisted suicide.’
BBC News, 7th May 2019
Source: www.bbc.co.uk
‘The Advertising Standards Authority (ASA) has upheld a complaint against a claims management company whose advertising implied that birth injuries were only caused by medical negligence.’
Litigation Futures, 1st May 2019
Source: www.litigationfutures.com
‘An employment tribunal has said it would be “wholly inappropriate” to strike out a disability discrimination claim against a law firm from a legal secretary suffering from depression.’
Legal Futures, 2nd May 2019
Source: www.legalfutures.co.uk
‘Workplace stress drives up disability discrimination claims by more than a third, employment law experts suggest.’
Daily Telegraph, 28th April 2019
Source: www.telegraph.co.uk
‘Gwyn Evans, barrister of Tanfield Chambers, explains the court’s judgment in a recent Inheritance Act case involving an estranged adult claimant, reliant on state benefits, and defendants for whom inheritance was a windfall.’
Family Law Week, 29th March 2019
Source: www.familylawweek.co.uk
‘The Court of Protection will this week hear a test case brought by the parents of three young people with learning disabilities over the position under current law which prevents them being able to make best interests decisions on behalf of their children as they are now over 18.’
Local Government Lawyer, 26th March 2019
Source: www.localgovernmentlawyer.co.uk
‘In two judgments (Re A and Re B) Cobb J has confirmed that capacity to make decisions about internet and social media use do not form a “subset” of of a person’s ability to make decisions about care or contact. Capacity to use the internet and social media are “inextricably linked; the internet is the communication platform on which social media operates. For present purposes, it does not make sense in my judgment to treat them as different things. It would, in my judgment, be impractical and unnecessary to assess capacity separately in relation to using the internet for social communications as to using it for entertainment, education, relaxation, and/or for gathering information.”‘
Doughty Street Chambers, 26th February 2019
Source: insights.doughtystreet.co.uk
‘A vulnerable man who was murdered by his ex-partner and her lover could have been better protected, a review found.’
BBC News, 14th March 2019
Source: www.bbc.co.uk
‘This purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’
39 Essex Chambers, March 2019
‘The Department for Work & Pensions has successfully defended a High Court challenge brought by a homeless man who claimed that its approach to communication was in breach of its duties under the public sector equality duty.’
Local Government Lawyer, 11th March 2019
Source: www.localgovernmentlawyer.co.uk
‘Two recent judgments in the Court of Protection sparked the usual inaccurate headlines suggesting that the court had ridden roughshod over the rights of adults with learning difficulties to access the internet, and more specifically social media. In particular this one from The Times stood out: Social workers can stop vulnerable people using social media.’
Transparency Project, 9th March 2019
Source: www.transparencyproject.org.uk
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