Formerly known as – NearlyLegal
‘Here is an interesting FTT bedroom tax decision from Runcorn, received via RAISE who are clearly doing good work in supporting such appeals.’
NearlyLegal, 6th June 2014
Source: www.nearlylegal.co.uk
Category: disabled persons
Family of disabled grandchild lose spare bedroom fight – BBC News
‘A couple who care for their severely disabled grandchild have lost an appeal against cuts to their housing benefits because they have a spare bedroom.’
BBC News, 30th May 2014
Source: www.bbc.co.uk
Article 8 and night-time care – NearlyLegal
‘The ECtHR Chamber has delivered its decision in McDonald v UK. For the reasons given below, the Court has decided that there was no breach of Article 8 ECHR following the reduction in Royal Borough of Kensington and Chelsea’s care services package for Ms McDonald, except for a period from November 2008 to November 2009, when her care needs were not met.’
NearlyLegal, 21st May 2014
Source: www.nearlylegal.co.uk
Ex-ballerina forces ‘landmark’ ruling in social care, charity says – Daily Telegraph
‘A disabled former ballerina who has been locked in a six-year legal battle with her local council over night-time care has forced a “landmark” ruling which could make social workers consider the “dignity” of the elderly when assessing care provisions, age campaigners have said.’
Daily Telegraph, 20th May 2014
Source: www.telegraph.co.uk
Blue badge fraud prosecutions ‘double over three years’ – BBC News
‘Blue badge fraud prosecutions have doubled over three years, figures from English councils have revealed.’
BBC News, 17th May 2014
Source: www.bbc.co.uk
High Court to make landmark ruling on whether to allow brain damaged man to die – The Independent
‘A High Court judge will decide this week whether doctors should stop feeding a brain damaged man and allow him to die.’
The Independent, 14th May 2014
Source: www.independent.co.uk
Courts braced for surge in cases of elderly locked up against their will – Daily Telegraph
‘The President of the Family Division of the High Court Sir James Munby predicts rush of claims from care home patients held in ‘cages’.’
Daily Telegraph, 8th May 2014
Source: www.telegraph.co.uk
‘Short-sighted’ driver jailed over death of woman, 93 – BBC News
‘A short-sighted motorist has been jailed for killing a pedestrian after driving at 15mph (24km/h) wearing his wrong glasses.’
BBC News, 28th April 2014
Source: www.bbc.co.uk
Ignoring the Court of Appeal? – NearlyLegal
‘There has been an odd bedroom tax development, one on which details are tantalisingly still absent. Mr & Mrs Carmichael have won their appeal to the First Tier Tribunal, apparently on the basis of Mrs Carmichael’s disability, so on grounds of Article 14 read with Art 1 Protocol 1. The Tribunal apparently found that it would be unjustifiable discrimination to impose the bedroom tax.’
NearlyLegal, 24th April 2014
Source: www.nearlylegal.co.uk
Spoiling the Broth – NearlyLegal
‘Blake and others v LB Waltham Forest [2014] EWHC 1027 (Admin) is a judicial review challenge to the local authority’s decision to terminate a licence held by Christian Kitchen (the 3rd Claimant) to operate its soup kitchen out of the Mission Grove Car Park, Walthamstow, London, E17.’
NearlyLegal, 13th April 2014
Source: www.nearlylegal.co.uk
“A gilded cage is still a cage” – Supreme Court on deprivation of liberty for the mentally incapacitated – UK Human Rights Blog
‘Mentally incapacitated people have the same rights to liberty as everyone else. If their own living arrangements would amount to a deprivation of liberty of a non-disabled individual then these would also be a deprivation of liberty for the disabled person. So says the Supreme Court, which has ruled that disabled people are entitled to periodic independent checks to ensure that the deprivation of liberty remains justified.’
UK Human Rights Blog, 8th April 2014
Source: www.ukhumanrightsblog.com
Room for manoeuvre – Hardwicke Chambers
‘In R (on the application of MA & Ors) v The Secretary of State for Work and Pensions (Respondent) and The Equality and Human Rights Commission (Intervener) [2014] EWCA 13 the Court of Appeal has rejected appeals against the dismissal of claims for a judicial review of the so-called “bedroom tax”, bringing to an end – for the time being at least – months of speculation about the lawfulness of arguably the most controversial aspect of the Government’s welfare reform programme.’
Hardwicke Chambers, 12th March 2014
Source: www.hardwicke.co.uk
Shocking justice gap for disabled prisoners – Halsbury’s Law Exchange
‘It is Prison Service policy that prisons provide a fair and equal service to all prisoners, including to those who are disabled. The purpose of this policy is to make sure that the Prison Service meets its obligations under the Equality Act 2010 (EqA). However, for many disabled prisoners, these obligations are not being met.’
Halsbury’s Law Exchange, 4th April 2014
Source: www.halsburyslawexchange.co.uk
Housing benefit changes distress disabled people, say MPs – BBC News
‘Changes to housing benefit in England, Scotland and Wales are creating “financial hardship and distress” for disabled people, MPs have warned.’
BBC News, 2nd April 2014
Source: www.bbc.co.uk
Deprivation of liberty – time to rip up the DOLS regime and start again – Halsbury’s Law Exchange
‘The dust is now beginning to settle, slightly, after the earthquake that was the decision of the Supreme Court in the conjoined appeals of Cheshire West and P and Q, which extends the criteria for determining whether living arrangements made for mentally incapacitated individuals amount to a deprivation of liberty.’
Halsbury’s Law Exchange, 25th March 2014
Source: www.halsburyslawexchange.co.uk
Policeman must apologise to blind man he shot with Taser – The Guardian
‘A police officer has been asked to apologise to a blind man whom he shot with a Taser when he mistook his white stick for a samurai sword.’
The Guardian, 26th March 2014
Source: www.guardian.co.uk
‘Giant’ criminal Jude Medcalf freed as jail bed too small – BBC News
‘A 7ft 2ins-tall (2.2m) criminal has been released from custody after a judge accepted prison beds and uniforms were too small for him.’
The Guardian, 26th March 2014
Source: www.guardian.co.uk
P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) – Supreme Court
Supreme Court, 19th March 2014
Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) – WLR Daily
‘Mentally incapacitated persons had the same rights to liberty as everyone else, and if their living arrangements would amount to a deprivation of liberty of a capacitous person they were also a deprivation of liberty of the incapacitated person, who was therefore entitled to periodic independent checks to ensure that the deprivation of liberty remained justified in his or her best interests.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
Deprivation of Liberty Defined by the Supreme Court: a difference of views concerning deprivation of liberty of disabled persons – Garden Court Chambers Blog
‘Tim Baldwin comments on today’s Supreme Court judgment regarding the deprivation of liberty of people with disabilities.
This note concerns the case of P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor)(Appellants) v Surrey County Council (Respondent) [2014] UKSC 19 handed down on the 19 March 2014.’
Garden Court Chambers Blog, 19th March 2014
Source: www.gclaw.wordpress.com
