The (absence of) reasons in Redcar – NearlyLegal

Posted October 7th, 2013 in appeals, benefits, disabled persons, housing, landlord & tenant, news by sally

“You may well have seen or heard press stories on a First Tier tribunal bedroom tax appeal decision in Redcar and Cleveland. There has been a lot of excitable comment about it representing a ‘landmark appeal‘ and ‘hope for 440,000 disabled’. Even the tenant’s landlord, who supported her, described it as ‘fantastic news’ which ‘which should give hope to hundreds of thousands of disabled people right across the country’.”

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NearlyLegal, 5th October 2013

Source: www.nearlylegal.co.uk

And another one… – Nearly Legal

“Another bedroom tax judicial review has just been issued.”

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Nearly Legal 30th September 2013

Source: www.nearlylegal.co.uk/blog/

Westminster clear up – NearlyLegal

Posted September 30th, 2013 in appeals, benefits, disabled persons, housing, landlord & tenant, local government, news by sally

“There has been a lot of excitement about the Westminster FTT bedroom tax appeal by Mr Surinder Lall (eg Guardian, CAB). As I mentioned in my last post on the FTT bedroom tax decisions, it was hard to tell what had happened by looking at the decision itself and the press reports. Some, like the CAB, have taken the view that it was Mr Lall’s use of the second room to hold and use equipment related to his disability (he is blind) that was the basis of the decision. If so, this would be a ‘current use’ decision and highly significant, in view of the DWP’s position that ‘tenant use’ should not be a factor.”

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NearlyLegal, 28th September 2013

Source: www.nearlylegal.co.uk

Bedroom tax defeat for Westminster council in landmark case – The Guardian

Posted September 27th, 2013 in benefits, disabled persons, housing, local government, news, social security by tracey

“A housing association tenant in central London has won an appeal against the imposition of the bedroom tax by Conservative-run Westminster city council, in what is thought to be the first such victory in England.”

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The Guardian, 26th September 2013

Source: www.guardian.co.uk

Changing rooms – NearlyLegal

“The bedroom tax First Tier Tribunal decisions are coming in now. And they are intriguing. In some ways, not a surprise, in others somewhat opaque. As well as the first Fife decision, there are another four Fife decisions that I’ve now seen, and a rather frustrating one from Westminster.”

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NearlyLegal, 24th September 2013

Source: www.nearlylegal.co.uk

High Court rejects challenge to maximum expenditure policy on adult care – Local Government Lawyer

“A High Court judge has rejected claims that a council unlawfully decided to introduce a ‘maximum expenditure policy’ on funding for adult care packages where people choose to live in the community.”

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Local Government Lawyer, 12th August 2013

Source: www.localgovernmentlawyer.co.uk

High Court rejects “bedroom tax” claims – Hardwicke Chambers

“The High Court has rejected claims for a judicial review of the so-called ‘bedroom tax’. Its judgment brings 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.”

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Hardwicke Chambers, 31st July 2013

Source: www.hardwicke.co.uk

Regina (MA and others) v Secretary of State for Work and Pensions (Equality and Human Rights Commission and another intervening) – WLR Daily

Posted August 2nd, 2013 in benefits, disabled persons, housing, law reports, social security by sally

Regina (MA and others) v Secretary of State for Work and Pensions (Equality and Human Rights Commission and another intervening) [2013] EWHC 2213 (Admin); [2013] WLR (D) 325

“The refusal of the Secretary of State to exclude some disabled persons from the changes introduced into the Housing Benefit Regulations 2006 by the Housing Benefit (Amendment) Regulations 2012, and the provision made by way of access to discretionary housing payments, constituted a proportionate approach to difficulties which those persons faced.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Wife of paralysed former stuntrider Eddie Kidd jailed for domestic abuse – The Guardian

Posted August 2nd, 2013 in assault, disabled persons, domestic violence, news, sentencing by sally

“The estranged wife of the paralysed former motorbike stuntrider Eddie Kidd has been jailed for five months after she admitted assaulting him.”

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The Guardian, 1st August 2013

Source: www.guardian.co.uk

Disabled challenge to bedroom tax fails – UK Human Rights Blog

Posted July 31st, 2013 in appeals, benefits, disabled persons, housing, human rights, judicial review, news by sally

“The High Court has unanimously dismissed an application for a declaration that the so-called ‘bedroom tax’ discriminates unlawfully against disabled claimants.”

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UK Human Rights Blog, 31st July 2013

Source: www.ukhumanrightsblog.com

NHS Trust in court battle to sterilise disabled man – Daily Telegraph

“An NHS trust is fighting a court battle to sterilise a man with moderate learning difficulties.”

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Daily Telegraph, 30th July 2013

Source: www.telegraph.co.uk

Surviving LASPO: ‘Be creative, be out there’ – LegalVoice

“Now that legal aid is diminished, is it possible to find new sources of public funding for legal advice? Yes, if you work at it, writes Sue Bent.”

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LegalVoice, 31st July 2013

Source: www.legalvoice.org.uk

High level Parliamentary committee asks whether mental capacity laws are working – UK Human Rights Blog

Posted July 3rd, 2013 in consent, disabled persons, human rights, legal aid, mental health, news by sally

“The House of Lords ad hoc Select Committee on the Mental Capacity Act 2005 has now heard three sessions of evidence.”

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UK Human Rights Blog, 3rd July 2013

Source: www.ukhumanrightsblog.com

Brain-damaged claimant fails in Article 8 claim against Council – UK Human Rights Blog

“On 29 May 2004, Bradley Bedford, then aged 13, was beaten senseless by one AH, then 15, whom he had the misfortune to encounter entirely by chance near the seaside in Torbay. AH was in a children’s home there which was contracted to the Defendant Council; AH was a ‘looked after’ child under section 20 of the Children Act 1989. Bradley sued the Council for failing to protect him. His claim was limited to one under the Human Rights Act, and Article 8 ECHR in particular.”

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UK Human Rights Blog, 2nd July 2013

Source: www.ukhumanrightsblog.com

Legal aid cuts: ‘a return to widespread miscarriages of justice’ – The Guardian

“What impact will the latest raft of legal aid cuts have on people fighting councils or who are wrongly accused of a crime? We ask former defendants, their families, lawyers and experts.”

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The Guardian, 2nd July 2013

Source: www.guardian.co.uk

Hate Crime: The Case for Extending the Existing Offences – Law Commission

“This project came to the Law Commission by a reference from the Ministry of Justice, following the Government’s publication of its three-year hate crime action plan in 2012.”

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Law Commission, 27th June 2013

Source: www.lawcommission.justice.gov.uk

Judges to explain benefit assessment decisions – BBC News

Posted June 21st, 2013 in appeals, benefits, disabled persons, judiciary, news, social services, tribunals by tracey

“Judges in England and Scotland are being asked to explain why they believe someone is unfit to work, in a move ministers hope will improve the decision-making process on benefits.”

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BBC News, 21st June 2013

Source: www.bbc.co.uk

Can we really trust the Mental Capacity Act? – Halsbury’s Law Exchange

Posted June 12th, 2013 in consent, disabled persons, mental health, news by sally

“The introduction of the Mental Capacity Act 2005 (MCA 2005) was celebrated for establishing a groundbreaking legal framework which empowers and protects those who lack capacity. Yet only six years after its implementation, the criticisms of MCA 2005 have grown to such an extent that the House of Lords has established a post-legislative scrutiny committee. So what has led to this apparent volte face?”

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Halsbury’s Law Exchange, 12th June 2013

Source: www.halsburyslawexchange.co.uk

Run down on recent and anticipated welfare benefit changes – Hardwicke Chambers

Posted May 29th, 2013 in benefits, disabled persons, housing, news, taxation by sally

“In April 2013, the so called ‘bedroom tax’ was introduced, meaning that a single person or couple with no children will have their housing benefit reduced by 14% where they occupy two bedroom accommodation and 25% if they occupy three or more beds.”

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Hardwicke Chambers, 24th May 2013

Source: www.hardwicke.co.uk

Disabled woman died after NHS blunders, ombudsman finds – The Guardian

Posted May 21st, 2013 in disabled persons, doctors, health, hospitals, news, ombudsmen, reports by sally

“A catalogue of mistakes by an out-of-hours GP service and a hospital contributed to the death of a young woman with physical and learning disabilities, the NHS ombudsman says on Tuesday in a highly critical report that has led to fresh claims of prejudicial attitudes leading to poor care for such vulnerable patients.”

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The Guardian, 21st May 2013

Source: www.guardian.co.uk