Mother fights to reopen case of brain-damaged baby – The Guardian

“NHS blunders left her newborn baby seriously brain damaged, and two and a half years later Andrea Duggan is still angry that no member of staff has been brought to book.”

Full story

The Guardian, 6th March 2013

Source: www.guardian.co.uk

Bedroom tax: ministers given 14 days to make case against judicial review – The Guardian

Posted March 5th, 2013 in benefits, disabled persons, housing, judicial review, news, social security by sally

“A high court judge has given the work and pensions secretary 14 days to show why there should not be a judicial review of the government’s ‘spare bedroom tax’, amid concerns that disabled people will be disproportionately affected by the change in benefit rules.”

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The Guardian, 5th March 2013

Source: www.guardian.co.uk

Children’s rights cited in legal challenge launched against ‘bedroom tax’ – The Guardian

“A legal challenge has been launched on behalf of 10 disabled and vulnerable children against the government’s so-called ‘spare bedroom tax’, which is expected to lead to a reduction in benefits for hundreds of thousands of people because they have at least one unused room.”

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The Guardian, 5th March 2013

Source: www.guardian.co.uk

H (A Protected Party) v Commissioner of Police of the Metropolis – WLR Daily

H (A Protected Party) v Commissioner of Police of the Metropolis [2013] EWCA Civ 69; [2013] WLR (D) 66

“The statutory defence in section 5 of the Mental Capacity Act 2005 did not impose impossible demands on those who did acts in connection with the care or treatment of others who lacked capacity. It required no more than what was reasonable, practical and appropriate. What that entailed depended on all the circumstances.”

WLR Daily, 14th February 2013

Source: www.iclr.co.uk

IPCC investigating police call handlers following death of man – The Guardian

Posted February 20th, 2013 in complaints, disabled persons, mental health, missing persons, news, police by sally

“An investigation has been launched into the behaviour of five police call handlers following the death of a man with mental health problems.”

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The Guardian, 19th February 2013

Source: www.guardian.co.uk

Prospective adoptive child will not be taken from blind woman, for now – UK Human Rights Blog

Posted February 19th, 2013 in adoption, disabled persons, injunctions, local government, medical treatment, news by sally

“This case, described by Cobb J as an ‘unusual and troubling’ case, concerns a 1 year old girl ‘SB’ and a woman ‘RCW’. SB was born prematurely, at 27 weeks, weighing just 1 kg; almost immediately she was abandoned by her natural mother.”

Full story

UK Human Rights Blog, 18th February 2013

Source: www.ukhumanrightsblog.com

Judge blocks ‘worrying’ attempt to take girl away from blind adoptive mother – Daily Telegraph

Posted February 18th, 2013 in adoption, carers, disabled persons, injunctions, local government, news, social services by sally

“A council has been blocked from removing a girl from her would-be adoptive mother who had gone blind, after a judge ruled social workers were wrong to assume that her visual impairment meant she was not a suitable parent.”

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Daily Telegraph, 15th February 2013

Source: www.telegraph.co.uk

An overdue inquiry into the working of the Abortion Act – Halsbury’s Law Exchange

Posted February 18th, 2013 in abortion, disabled persons, equality, medical ethics, news by sally

“Whatever your view of abortion, there are too many abortions, and too many of them are too late. Even abortion’s fiercest advocates do not pretend that it is a good thing – just the lesser of two evils.”

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Halsbury’s Law Exchange, 15th February 2013

Source: www.halsburyslawexchange.co.uk

Judge blocks sterilisation of Down’s Syndrome woman – Daily Telegraph

“The parents of a ‘tactile’ and ‘affectionate’ woman with Down’s syndrome have been forbidden from having her sterilised to ally their fears that she might become pregnant.”

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Daily Telegraph, 16th February 2013

Source: www.telegraph.co.uk

Met police loses bid to overturn award to autistic teenager – The Guardian

“The court of appeal has rejected an attempt by the Metropolitan police commissioner Sir Bernard Hogan-Howe to overturn an award of £28,250 in damages to a severely autistic teenager who was put in handcuffs and leg restraints and held in a police van after jumping into a swimming pool.”

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The Guardian, 14th February 2013

Source: www.guardian.co.uk

Police face investigation over physical restraint of disabled 11-year-old girl – The Guardian

Posted February 8th, 2013 in complaints, detention, disabled persons, news, police, restraint by sally

“The police watchdog has launched an investigation into a complaint about the treatment of a disabled 11-year-old girl who was restrained by officers.”

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The Guardian, 8th February 2013

Source: www.guardian.co.uk

Farmer who claimed £100,000 in disability benefits caught herding cattle – Daily Telegraph

Posted February 5th, 2013 in benefits, disabled persons, fraud, news, sentencing by tracey

“David Millward, 55, was secretly filmed by the Department of Work and Pensions carrying bags of animal feed around the field he rented off Stafford Road, Coven, Staffs, despite claiming he could only walk 10 metres unaided.Millward admitted fraudulently claiming £75,532 in income support and £24,692 in disability living allowance earlier this month after making an application for disability benefits in 2003.He was sentenced to 18 months in prison at Wolverhampton Crown Court today.”

Full story

Daily Telegraph, 5th February 2013

Source: www.telegraph.co.uk

May Lewis Cardiff lift death: Unlawful killing verdict – BBC News

“An inquest jury has returned a verdict of unlawful killing on a 96-year-old woman in a wheelchair who died in a lift shaft fall.”

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BBC News, 1st February 2013

Source: www.bbc.co.uk

Soldier injured in Iraq grenade attack wins benefit battle – The Guardian

Posted January 30th, 2013 in armed forces, benefits, carers, disabled persons, news, tribunals by sally

“An injured soldier left suicidal after being falsely accused of benefit fraud has won an appeal against a decision to cut a £70-a-month carers’ allowance for his wife.”

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The Guardian, 29th January 2013

Source: www.guardian.co.uk

Barnet’s ‘easyCouncil’ faces judicial review over outsourcing – The Guardian

“The ‘easyCouncil’ model of no-frills local services is set to go on trial this spring after the High Court announced it will review a £320m services contract due to be outsourced by the Conservative-controlled London Borough of Barnet.”

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The Guardian, 22nd January 2013

Source: www.guardian.co.uk

Woman with learning difficulties can decide own pregnancy fate, court rules – The Guardian

“A young woman with learning difficulties who faced the prospect of a court deciding if her pregnancy should be terminated has the capacity to decide herself, the high court has ruled.”

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The Guardian, 10th January 2013

Source: www.guardian.co.uk

Doctors seek court order to carry out abortion on mentally disabled woman – Daily Telegraph

“Doctors are applying for a court order to allow them to carry out an abortion on a mentally disabled woman without her consent.”

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Daily Telegraph, 7th January 2013

Source: www.telegraph.co.uk

Disabled man takes government to court over benefit test – The Guardian

Posted December 14th, 2012 in benefits, disabled persons, judicial review, news by tracey

“A disabled man who was incorrectly found fit for work under the government’s disability benefit assessment is launching a legal action against the government and Atos, the private company performing the tests.”

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The Guardian, 13th December 2012

Source: www.guardian.co.uk

Hospitals’ disabled parking charges may be ‘unlawful’ – BBC News

Posted December 7th, 2012 in disabled persons, equality, hospitals, news, parking by sally

“Hospitals charging disabled drivers to park could be in breach of the law, a leading lawyer says.”

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BBC News, 7th December 2012

Source: www.bbc.co.uk

Triumph of substance over form – Hardwicke Chambers

“In Pieretti v. LB Enfield [2011] 2 All ER 642 the Court of Appeal held that a local authority in exercising its powers under Part VII Housing Act 1996 (Homelessness) was carrying out a ‘function’ for the purposes of s.49A. It was therefore an obligation on the Local Authority to have ‘due regard’ to the factors set out in the section and, in the case of homelessness, in particular to have ‘due regard’ to ‘the need to take steps to take account of disabled persons’ disabilities’. Moreover, this duty arose irrespective of whether or not the applicant, or their advisers, had raised disability as an issue.”

Full story

Hardwicke Chambers, 30th November 2012

Source: www.hardwicke.co.uk