Dudley mum’s legal fight over autistic son’s conviction – BBC News

‘The mother of an autistic man jailed for robbery says she is fighting to clear his name after the justice system failed to understand his disability. Joan Martin said 23-year-old Osime Brown’s autism meant he was incapable of committing the offence, and claims he was not given fair process. She is working with lawyers, who allege institutional discrimination, to overturn a “miscarriage of justice”.’

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BBC News, 10th January 2022

Source: www.bbc.co.uk

London borough’s housing allocation policy in breach of Equality Act, Ombudsman finds – Local Government Lawyer

‘A mother of two disabled children has successfully brought a complaint against Greenwich Council after a Local Government and Social Care Ombudsman investigation found the local authority’s social housing allocation policy disadvantaged the family.’

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Local Government Lawyer, 6th January 2022

Source: www.localgovernmentlawyer.co.uk

Children: Public Law Update (Winter 2022) – Family Law Week

‘John Tughan QC of 4PB considers recent judgments that public law child lawyers need to know about.’

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Family Law Week, 7th January 2022

Source: www.familylawweek.co.uk

Remedying breach of Public Sector Equality Duty (or not) – Nearly Legal

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 – We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to accept subsequent compliance (even after the issue of proceedings) as ‘remedying’ the breach. In this second appeal, the Court of Appeal adds some important codicils to that position.’

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Nearly Legal, 3rd January 2022

Source: nearlylegal.co.uk

Too little too late: a successful PSED challenge to a possession order – Local Government Lawyer

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.’

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Local Government Lawyer, 4th January 2022

Source: www.localgovernmentlawyer.co.uk

Doctors up in arms over ‘pre-conception negligence’ ruling – Legal Futures

Posted December 20th, 2021 in birth, children, damages, disabled persons, doctors, health, negligence, news, pregnancy by sally

‘Hundreds of doctors around the country, along with representative organisations, have spoken out over the High Court finding a GP negligent for advice given to a mother before conception which led to the birth of a disabled child.’

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Legal Futures, 20th December 2021

Source: www.legalfutures.co.uk

Parcel firms face new rules to improve customer service – The Independent

‘The watchdog unveiled plans to impose new rules on the sector, requiring companies to treat their customers more fairly, following a damning study.’

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The Independent, 9th December 2021

Source: www.independent.co.uk

The Abortion Act 1967 and Down Syndrome: Crowter – Law & Religion UK

Posted December 6th, 2021 in abortion, disabled persons, human rights, news, pregnancy, time limits by sally

‘In R (Crowter & Ors) v Secretary of State for Health and Social Care [2021] EWHC 2536 (Admin), the issue before the Court was the fact that the Abortion Act 1967 differentiates between pregnancies where there is a substantial risk that, if born, a child would be “seriously handicapped” (the terminology used in the Act) and those where it would not. The three claimants – a 25-year-old woman with Down Syndrome who had gained an NVQ qualification level, was employed and had recently married, A, a two-year-old with Down Syndrome who had met all his developmental milestones, and A’s mother [6-8] – challenged the disability ground for abortion in section 1(1)(d) of the Act as contrary to Articles 2 (right to life), 3 (inhuman or degrading treatment) and 8 (private and family life) ECHR.’

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Law & Religion UK, 3rd December 2021

Source: lawandreligionuk.com

Council facing judicial review for push to get children in vulnerable families back to school – Local Government Lawyer

‘A Covid-vulnerable family has sent a pre-action protocol letter to a council that it says unlawfully told a headteacher to stop allowing their children to stay home during rises in case numbers.’

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Local Government Lawyer, 30th November 2021

Source: www.localgovernmentlawyer.co.uk

Department for Work and Pensions Faces Court Case For ‘Human Rights Breach’ – Each Other

Posted November 30th, 2021 in benefits, coronavirus, disabled persons, human rights, judicial review, news by tracey

‘The Department for Work and Pensions (DWP) is facing a court case which alleges a human rights breach that could see the Government ordered to pay £1,560 each to over two million benefits claimants.’

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Each Other, 29th November 2021

Source: eachother.org.uk

Supreme Court hands down landmark ruling on capacity to consent to sexual relations – Local Government Lawyer

‘The Supreme Court has upheld a Court of Appeal decision that to have capacity to have sexual relations with another person, a person needs be aware that their partner must have the ability to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Local Government Lawyer, 24th November 2021

Source: www.localgovernmentlawyer.co.uk

Recitation is not application – Nearly Legal

‘SR v Lambeth London Borough Council, County Court at Central London, 21st October 2021 H40CL201 – HHJ Roberts (unreported elsewhere). Our thanks to Justine Compton of Garden Court Chambers for the following note of a section 204 appeal judgment on a priority need decision, refused at s.184 and s.202 review, which features (once again) Now Medical reports done with no face to face assessment being preferred by the local authority decision makers over direct and specialist medical reports submitted by the applicant.’

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Nearly Legal, 21st November 2021

Source: nearlylegal.co.uk

The authority of Property and Affairs Deputies – Local Government Lawyer

Posted November 12th, 2021 in Court of Protection, deputyship, disabled persons, local government, news by tracey

‘Arianna Kelly analyses a case relating to the scope of the authority of Property and Affairs Deputies post the ruling in ACC.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

Not able to meet the financial requirement of Appendix FM? Do not despair – EIN Blog

Posted November 9th, 2021 in benefits, disabled persons, families, immigration, news, visas by tracey

‘Financial requirement for the partner visa is satisfied if the sponsor, the British partner, has income of at least £18,600 per year or if the couple have savings of at least £62,500 (slightly more if there are non-British children to be sponsored in the same application). It is possible to meet the financial requirement through a combination of savings and income. The rules are quite prescriptive about the sources of income and the documentary evidence required in support of the application. The evidential requirement depends on the source of income and one of the most common reasons for refusal of an application is failure to meet the evidential requirement.’

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EIN Blog, 8th November 2021

Source: www.ein.org.uk

SEND Tribunal case law review – Local Government Lawyer

‘Jamie Jenkins looks at the lessons to be learned from the latest judgments from the SEND Tribunal.’

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Local Government Lawyer, 5th November 2021

Source: www.localgovernmentlawyer.co.uk

The Court of Protection and Criminal Law – UK Human Rights Blog

‘Re C [2021] EWCA Civ 1527. This is an appeal from Hayden J’s judgment in Re C [2021] EWCOP 25. The appeal was allowed on the basis that care workers making arrangements to secure the services of a sex worker for C would place the care workers in peril of committing an offence contrary to section 39 of the Sexual Offences Act 2003 (“SOA”).’

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UK Human Rights Blog, 30th October 2021

Source: ukhumanrightsblog.com

Judge credits psychological assessment with calming of “high octane” conflict between parents and care workers – Local Government Lawyer

‘A High Court judge has credited a psychological assessment “almost entirely” for helping repair a deeply polarised relationship between care workers and the parents of a boy with serious disabilities who is subject of an application for a care order.’

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Local Government Lawyer, 29th October 2021

Source: www.localgovernmentlawyer.co.uk

CoA overturns ruling in sex-worker visit case – Law Society’s Gazette

‘Carers would be at risk of committing a criminal offence if they helped an autistic man visit a sex worker, the Court of Appeal has ruled, overturning what had been seen as a landmark ruling for people with learning disabilities and mental disorders.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

High Court: Differential standards on abortion time-limits do not breach the human rights of disabled persons – UK Human Rights Blog

‘In Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin), the High Court considered the lawfulness of the provision in the Abortion Act 1967 which permits termination of a foetus after 24 weeks where there is a substantial risk that, if born, a child would be “seriously handicapped”.’

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UK Human Rights Blog, 25th October 2021

Source: ukhumanrightsblog.com

Menopausal symptoms and disability – Local Government Lawyer

‘The Employment Appeal Tribunal has given its first ruling on menopausal symptoms and disability in a case involving a city council. Jog Hundle considers the judgment.’

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Local Government Lawyer, 22nd October 2021

Source: www.localgovernmentlawyer.co.uk