disabled persons – Page 39 – Current Awareness

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

Posted March 25th, 2014 in appeals, deprivation of liberty safeguards, disabled persons, housing, law reports, local government, mental health, Supreme Court by sally

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) [2014] UKSC 19; [2014] WLR (D) 140

‘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

Posted March 20th, 2014 in deprivation of liberty safeguards, disabled persons, housing, news, Supreme Court by tracey

‘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

Disabled patients ‘have right to liberty’, Supreme Court rules – BBC News

Posted March 19th, 2014 in appeals, care homes, deprivation of liberty safeguards, disabled persons, human rights, learning difficulties, news, Supreme Court by tracey

‘Disabled people have the same right to “physical liberty” as others, one of the UK’s most senior judges has said. Lady Hale, deputy president of the Supreme Court, said the state had a duty to uphold that right and to cater for disabled people.’

BBC News, 19th March 2014

Source: www.bbc.co.uk

Paddy Power Oscar Pistorius ‘money back if he walks’ ad broke rules and brought UK advertising into disrepute, ASA finds – The Independent

Posted March 19th, 2014 in advertising, complaints, disabled persons, domestic violence, gambling, murder, news, ombudsmen, trials by tracey

‘A Paddy Power advert that offered a “money back if he walks” guarantee for betting on the Oscar Pistorius murder trial broke rules and brought the UK’s advertising industry into disrepute, the regulator has found.’

The Independent, 19th March 2014

Source: www.independent.co.uk

Stott v Thomas Cook Tour Operators Ltd (Secretary of State for Transport intervening) – WLR Daily

Posted March 7th, 2014 in aircraft, carriage by air, damages, disabled persons, EC law, law reports by tracey

Stott v Thomas Cook Tour Operators Ltd (Secretary of State for Transport intervening): [2014] UKSC 15; [2014] WLR (D) 111

‘The court could not award damages for distress and injury to feelings caused to a disabled passenger during flight in breach of Council Regulation (EC) No 1107/2006 (implemented in domestic law by the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007) since such an award was precluded by article 29 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 (“the Montreal Convention”), as adopted in the European Union by Council Regulation (EC) No 2027/97, as amended by article 3(1) of Parliament and Council Regulation (EC) No 889/2002, (“the Montreal Regulation”), and pursuant to the European Communities Act 1972, as amended.’

WLR Daily, 5th March 2014

Source: www.iclr.co.uk

Judge rejects bedroom tax unlawfully discriminates against disabled – Daily Telegraph

Posted February 24th, 2014 in benefits, disability discrimination, disabled persons, housing, news by sally

‘Judge rejects accusations that the so-called ”bedroom tax” unlawfully discriminates against the disabled.’

Daily Telegraph, 21st February 2014

Source: www.telegraph.co.uk

Regina (Cornwall Council) v Secretary of State for Health – WLR Daily

Posted February 21st, 2014 in community care, disabled persons, law reports, local government by sally

Regina (Cornwall Council) v Secretary of State for Health [2014] EWCA Civ 12; [2014] WLR (D) 80

‘When resolving questions as to the “ordinary residence” of an adult man suffering from multiple complex disabilities, the test whereby a person who was so severely handicapped as to be totally dependent on a parent was in the same position as a small child and his ordinary residence was that of his parents because that was his base, was not to be followed.’

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Hamnett v Essex County Council – WLR Daily

Posted February 18th, 2014 in disabled persons, equality, jurisdiction, law reports, local government, parking, ultra vires by sally

Hamnett v Essex County Council [2014] EWHC 246 (Admin); [2014] WLR (D) 72

‘The Administrative Court, hearing a claim for a statutory review brought under the Road Traffic Regulation Act 1984, did not have jurisdiction to investigate an alleged breach of section 29 of the Equality Act 2010.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

When is a bedroom not a bedroom? – Hardwicke Chambers

Posted February 14th, 2014 in benefits, disabled persons, housing, news by sally

‘Iain Duncan Smith, the Work and Pensions Secretary, could be forgiven for thinking that 2014 is not shaping up to be a great year for him. In the last month, the list of tribunal decisions freeing tenants from the so-called bedroom tax has been growing ever larger.’

Hardwicke Chambers, 12th February 2014

Source: www.hardwicke.co.uk

When Best Interests Collide: A Protected Party, Protected Party’s Children and the Court of Protection – Family Law Week

Posted February 6th, 2014 in care orders, children, Court of Protection, disabled persons, fostering, mental health, news, parental responsibility, remuneration by sally

‘Sarah Phillimore, barrister of St John’s Chambers, Bristol, and Daniela Nickols, associate solicitor with Mowbray Woodwards, analyse the recent case of X,Y, and Z [2014] EWHC 87 (COP) in which the Court of Protection considered the interplay between the best interests of a protected party and that party’s children.’

Family Law Week, 5th February 2014

Source: www.familylawweek.co.uk

High Court rules on provision of care for nomadic Gypsy/Traveller children – Halsbury’s Law Exchange

Posted January 20th, 2014 in benefits, children, disabled persons, equality, human rights, judicial review, local government, news, travellers by sally

‘Marc Willers analyses the impact of a High Court ruling which gave an important judgment on the provision of care for nomadic Gypsy and Traveller children.’

Halsbury’s Law Exchange, 17th January 2014

Source: www.halsburyslawexchange.com

Ex-couple jailed for spending £450,000 of daughter’s disability fund on cars and jewels – The Independent

Posted January 20th, 2014 in compensation, disabled persons, families, negligence, news, sentencing, theft by sally

‘A divorced couple have been jailed after they stole almost £500,000 from their severely brain damaged daughter’s £2.6 million compensation fund, to finance their “greed and indulgence”.’

The Independent, 17th January 2014

Source: www.independent.co.uk

Deprivation of Liberty: current approach leaves vulnerable clients with limited protection, writes Laura Davidson – No. 5 Chambers

Posted December 12th, 2013 in detention, disabled persons, freedom of movement, mental health, news by sally

‘In P and Q v Surrey County Council & Others [2011] EWCA Civ 190, the Court of Appeal approved Parker J’s suggested new “relative normality” test for assessing whether or not someone was being deprived of their liberty. If someone’s disabilities and difficulties necessitate assistance which is a significant interference in their life regardless of where they reside, then they are living a relatively normal life ‘for them’. Thus the circumstances are unlikely to amount to a deprivation. This concept purports to emanate from Engel v Netherlands (1976) 1 EHRR 647, despite its focus on the limitations of the army regime upon a soldier’s lifestyle, rather than a person’s individual characteristics (see ‘Turning back the clock’, SJ Vol. 156, No. 22, 10-13).’

No. 5 Chambers, 9th December 2013

Source: www.no5.com

Employers must not ‘rubber stamp’ opinion of adviser on disability: CoA – Local Government Lawyer

Posted December 12th, 2013 in appeals, disability discrimination, disabled persons, employment tribunals, local government, news, unfair dismissal by sally

‘Employers “cannot simply rubber stamp” an occupational health adviser’s opinion that an employee is not disabled, the Court of Appeal has ruled in a case involving a local authority.’

Local Government Lawyer, 11th December 2013

Source: www.localgovernmentlawyer.co.uk

Council ordered to fund support for disabled Roma boy when outside area – Local Government Lawyer

Posted December 9th, 2013 in benefits, children, disabled persons, judicial review, local government, news, social services, travellers by sally

‘A High Court judge has ruled that a council has the power to provide support for a disabled child even when his Roma Gypsy family are working in different parts of the country and outside the council’s borders.’

Local Government Lawyer, 6th December 2013

Source: www.localgovernmentlawyer.co.uk

Tetraplegic student Andrew Risk paralysed after diving into 2ft of water loses damages claim against college – The Independent

Posted December 6th, 2013 in appeals, damages, disabled persons, duty of care, health & safety, negligence, news, personal injuries, universities by tracey

’25-year-old had claimed his injury in June 2009 was caused by a breach of duty of care or negligence on the part of Rose Bruford College in Sidcup.’

The Independent, 6th December 2013

Source: www.independent.co.uk

Court to rule on wheelchairs or pushchairs to have priority on public transport – Daily Telegraph

Posted December 5th, 2013 in appeals, children, disabled persons, news, transport by sally

‘One of the most senior judges in Britain has ruled that the Appeal Court needs to intervene in a long running dispute over whether wheelchair users or pushchair users should have priority on buses’

Daily Telegraph, 4th December 2013

Source: www.telegraph.co.uk

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