Hydrotherapy in the home – Cloisters

Posted March 17th, 2015 in birth, costs, damages, disabled persons, news, proportionality by sally

‘In the recent case of A (A Child) v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB) the claimant was awarded the cost of installing a hydrotherapy pool in her home. Here we look at the circumstances in which a defendant will be ordered to pay such expensive costs.’

Full story

Cloisters, 9th March 2015

Source: www.cloisters.com

Disabled adult wins High Court battle with council over charges for services – Local Government Lawyer

‘A disabled adult has successfully challenged in the High Court aspects of a county council’s policy on charging for adult non-accommodation services.’

Full story

Local Government Lawyer, 5th March 2015

Source: www.localgovernmentlawyer.co.uk

Jimmy Savile and the complex question of victim compensation – The Guardian

‘It is now known that 60 people from Stoke Mandeville hospital were abused by Jimmy Savile. But will they and his other victims receive compensation? And where will the money come from?’

Full story

Daily Telegraph, 26th February 2015

Source: www.telegraph.co.uk

Jimmy Savile scandal: Anger as no one is blamed for allowing abuse in hospitals – Daily Telegraph

Posted February 27th, 2015 in child abuse, disabled persons, hospitals, news, reports, sexual offences by tracey

‘Jimmy Savile’s victims have reacted with anger after a series of reports into his decades of abuse failed to apportion blame to any senior NHS managers. More than 40 hospitals, including Stoke Mandeville – where Savile abused at least 60 victims during a 24-year reign of terror – have investigated how the entertainer was allowed to get away with his crimes for so long. But victims branded the findings a “whitewash”, after NHS bosses claimed they had no idea what was going on.’

Full story

Daily Telegraph, 26th February 2015

Source: www.telegraph.co.uk

Jimmy Savile NHS investigations: lessons learned – Department of Health

Posted February 27th, 2015 in child abuse, disabled persons, hospitals, reports, sexual offences by tracey

‘The Secretary of State for Health asked former barrister Kate Lampard to produce a ‘lessons learned’ report, drawing on the findings from all published investigations and emerging themes.’

Full report

Department of Health, 26th February 2015

Source: www.gov.uk/government/publications

Council defeats High Court challenge to consultation on adult care cuts – Local Government Lawyer

‘The High Court has rejected a legal challenge to Trafford Metropolitan Borough Council’s consultation on its proposal to cut its adult social care budget for 2015/16.’

Full story

Local Government Lawyer, 20th February 2015

Source: www.localgovernmentlawyer.co.uk

Schedule 1 to The Children Act 1989: Not Just for Wags – Family Law Week

‘Anita Mehta, barrister of Crown Office Row, Brighton, argues that Schedule 1 to the Children Act 1989 applications should not be regarded as the domain of footballers’ girlfriends or the uber-wealthy but as a powerful tool for meeting children’s needs in a wide variety of cases.’

Full story

Family Law Week, 6th February 2015

Source: www.familylawweek.co.uk

First judicial review over 2014 Act duties to disabled children reaches court – Local Government Lawyer

‘A High Court judge will this week hear what is being billed as the first judicial review to consider local authorities’ duties to disabled children following reforms brought in under the new Children and Families Act.’

Full story

Local Government Lawyer, 29th January 2015

Source: www.localgovernmentlawyer.co.uk

Women with disabilities excluded from domestic abuse law, say campaigners – The Guardian

Posted January 29th, 2015 in bills, carers, crime, disabled persons, domestic violence, news, women by sally

‘A new law on domestic violence that criminalises “coercive control” could exclude women with disabilities, who are particularly vulnerable to such abuse, say campaigners.’

Full story

The Guardian, 28th January 2015

Source: www.guardian.co.uk

Regina v Chinegwundoh – WLR Daily

Regina v Chinegwundoh [2014] EWCA Crim 2649; [2015] WLR (D) 18

‘A finding that a person under a disability had done the acts charged against him was not an acquittal and did not therefore give the court the power to make a restraining order under section 5A of the Protection from Harassment Act 1997.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

‘Bank mistook my sex change for fraud’ – when poor service counts as discrimination – Daily Telegraph

Posted January 27th, 2015 in banking, disabled persons, equality, news, ombudsmen by sally

‘If a firm doesn’t accommodate a customer’s race, religion, disability or sexual orientation they could be ignoring their rights under the Equality Act’

Full story

Daily Telegraph, 27th January 2015

Source: www.telegraph.co.uk

Court of Appeal rejects challenge to closure of passenger transport unit – Local Government Lawyer

Posted January 21st, 2015 in appeals, community care, disabled persons, local government, news, transport by sally

‘A city council has successfully defended in the Court of Appeal its decision to close its passenger transport unit (PTU) and make alternative arrangements for users.’

Full story

Local Government Lawyer, 20th January 2015

Source: www.localgovernmentlawyer.co.uk

Disabled tenants to challenge bedroom tax in supreme court – The Guardian

‘A legal case to be heard at the supreme court will decide whether the government’s housing benefit regulations – the bedroom tax – discriminates unfairly against disabled adults. The ruling could have consequences for hundreds of thousands of people.’

Full story

The Guardian, 10th January 2015

Source: www.guardian.co.uk

Call for publication of review into man who killed himself after benefits cut – The Guardian

Posted January 12th, 2015 in benefits, disabled persons, disclosure, inquiries, mental health, news, reports, suicide by sally

‘The sister of a partially sighted man who killed himself after his benefits were cut is calling on the UK government to publish details of its review into his case, one of 60 internal investigations of suicides linked to benefit changes it has carried out since 2012.’

Full story

The Guardian, 11th January 2015

Source: www.guardian.co.uk

Supreme Court homeless appeals – Law Society’s Gazette

‘Three landmark appeals being heard this week should clarify who is ‘vulnerable’ and entitled to priority rehousing by local authorities.’

Full story

Law Society’s Gazette, 16th December 2014

Source: www.lawgazette.co.uk

Learning difficulties assessments – High Ct judgment – Education Law Blog

‘The introduction of EHC plans for some 16-25 year olds was one of the most important changes to SEN in the Children and Families Act 2014. Under the previous regime, a special educational needs statement could not provide for a young person to attend further education or higher education. Even if the child remained in a school setting post-16, the statement would lapse (if the local authority had not already ceased to maintain it) when the young person turned 19, although the local authority could choose to maintain it until the end of that academic year. Young people with learning difficulties and/or disabilities who were moving into further education, training or higher education received instead a learning difficulties assessment. This assessment would result in a written report of their educational and training needs and the provision required to meet them (“the LDA”). Any challenge to an LDA was by way of judicial review (as, in contrast to the position for challenges to the contents of SEN statements, there was no statutory right of appeal to the tribunal). That is all changing, with the introduction of EHC plans, which can continue until the young person reaches the age of 25, which can include further education provision (but still not higher education) and which can be appealed to the tribunal. Whilst EHC plans were introduced on 1 September 2014, there is a fairly lengthy transition period and so LDAs will be with us for a little longer yet.’

Full story

Education Law Blog, 16th December 2014

Source: www.education11kbw.com

Deaf couple and their son face jail after conning taxpayers out of £900,000 – Daily Telegraph

Posted December 12th, 2014 in benefits, council tax, disabled persons, fraud, news by sally

‘The couple are said to have funded a luxury lifestyle of holidays and jewellery with ‘scandalous ease’.’

Full story

Daily Telegraph, 11th December 2014

Source: www.telegraph.co.uk

Supreme Court to hear challenge to key test on homelessness and vulnerability – Local Government Lawyer

‘The Supreme Court will next week hear three cases where homeless applicants for housing assistance are seeking to challenge the Pereira test of vulnerability.’

Full story

Local Government Lawyer, 11th December 2014

Source: www.localgovernmentlawyer.co.uk

Independent Living Fund closure ruled lawful – BBC News

‘A government decision to close a fund that helps disabled people to live and work in the community has been ruled lawful by the High Court.’

Full story

BBC News, 8th December 2014

Source: www.bbc.co.uk

First Bus wins wheelchair court judgement – BBC News

Posted December 8th, 2014 in damages, disability discrimination, disabled persons, equality, news, transport by sally

‘Bus companies are not required by law to force parents with buggies to make way for wheelchair users in designated bays on vehicles, senior judges ruled.’

Full story

BBC News, 8th December 2014

Source: www.bbc.co.uk