Category: disabled persons

Severely disabled man’s care plan not a deprivation of liberty – Court of Appeal – UK Human Rights Blog

Posted November 17th, 2011 in disabled persons, freedom of movement, human rights, learning difficulties, news by tracey

“When assessing whether a patient’s care deprives him or her of their liberty, and thereby entitles them to the procedural protections under Article 5 (4) ECHR, the right to liberty, the Court of Appeal has ruled that the appropriate comparator is an individual with the same disabilities and difficulties who is not in care. The court also provided useful general guidance for deprivation of liberty cases.”

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UK Human Rights Blog, 17th November 2011

Source: http://ukhumanrightsblog.com

New report on impact of legal aid cuts on disabled people – LAG News Blog

Posted November 14th, 2011 in benefits, budgets, disabled persons, legal aid, legal services, news by sally

“LAG commissioned the disability charity Scope to research the impact of the proposed cuts in legal aid on benefits advice for disabled people. The report, Legal aid in welfare: the tool we can’t afford to lose, which is published today, demonstrates the serious consequences of the government’s proposals on disabled people and argues that taking benefits advice out of scope will undermine the government’s welfare reform programme.”

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LAG News Blog, 14th November 2011

Source: www.legalactiongroupnews.blogspot.com

Cheshire West and Chester Council v P (by his litigation friend the Official Solicitor) – WLR Daily

Posted November 14th, 2011 in disabled persons, human rights, law reports, mental health, restraint by sally

Cheshire West and Chester Council v P (by his litigation friend the Official Solicitor) [2011] EWCA Civ 1257; [2011] WLR (D) 325

“In determining whether or not there was a deprivation of liberty, it was legitimate to have regard both the objective ‘reason’ why someone was placed and treated as they were and also the objective ‘purpose’ or ‘aim’ of the placement. For adults with disabilities, whose lives were dictated by their own cognitive and other limitations, the question whether they had been deprived of liberty fell to be determined by comparing their situation with that of an adult of similar age with the same capabilities, affected by the same condition or suffering the same inherent mental and physical disabilities and limitations.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

Courts step in to save vulnerable from cuts – The Independent

Posted November 14th, 2011 in budgets, community care, disabled persons, judicial review, local government, news by sally

“Two disabled men who faced losing their right to care won a landmark High Court case yesterday over cost cutting by their council. It was the latest in a series of rulings that threatens to disrupt the Government’s attempts to slash local authority spending.”

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The Independent, 12th November 2011

Source: www.independent.co.uk

Warning over legal aid cuts for disabled people – BBC News

Posted October 31st, 2011 in benefits, budgets, disabled persons, legal aid, news by sally

“Ministers are being urged not to restrict legal aid for disabled people wanting to challenge benefit decisions.”

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BBC News, 31st October 2011

Source: www.bbc.co.uk

Judge scrutinises ill man’s removal from foster home – The Independent

Posted October 21st, 2011 in care homes, disabled persons, fostering, local government, news by sally

“A High Court judge has ordered a local authority to provide details about its decision to remove a man with severe medical difficulties from his former foster parents.”

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The Independent, 21st October 2011

Source: www.independent.co.uk

Employer must not rely blindly on medical advisers when deciding if an employee is eligible for ill-health benefits, ombudsman says – OUT-LAW.com

Posted October 10th, 2011 in disabled persons, employment, news, pensions by sally

“An employer cannot rely ‘blindly’ on its medical advisers when deciding if an employee is eligible for an ill-health early retirement pension, the pensions watchdog has said.”

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OUT-LAW.com, 10th October 2011

Source: www.out-law.com

Woman’s plea for more access to disabled sister rejected by judge – The Independent

Posted October 3rd, 2011 in care homes, disabled persons, families, news by sally

“A sister’s long and bitter battle to see more of her severely disabled sibling suffered a devastating blow yesterday when a judge ruled that a local authority-selected nursing home provided the best possible care.”

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The Independent, 1st October 2011

Source: www.independent.co.uk

OFT uncovers ‘unfair’ mobility aid sales practices – The Guardian

Posted September 30th, 2011 in disabled persons, elderly, news, unfair commercial practices, unfair dismissal by tracey

“Evidence of unfair sales practices targeted at elderly and vulnerable consumers buying mobility aids has been uncovered by the Office of Fair Trading (OFT), leading to an investigation into two nationwide traders.”

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The Guardian, 29th September 2011

Source: www.guardian.co.uk

Cornwall care abuse victims get £8m compensation – BBC News

Posted September 16th, 2011 in assault, compensation, disabled persons, hospitals, learning difficulties, news by tracey

“Adults with learning disabilities at the centre of a care abuse case in Cornwall will receive about £8m in compensation.”

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BBC News, 15th September 2011

Source: www.bbc.co.uk

Tales of bullying and abuse ‘prove authorities have failed disabled’ – The Independent

Posted September 12th, 2011 in bullying, disabled persons, harassment, news by tracey

“Public authorities are guilty of a ‘systemic failure’ to protect the hundreds of thousands of disabled people who routinely endure harassment or abuse, according to an inquiry. The most extreme cases of abuse, including torture and murder, represent only a small part of the problem, and a ‘cultural shift’ is needed in how disabled people are viewed.”

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The Independent, 12th September 2011

Source: www.independent.co.uk

Policeman used excessive force against disabled student protester, IPCC rules – The Guardian

Posted August 25th, 2011 in complaints, demonstrations, disabled persons, news, police by sally

“A police officer used ‘excessive force’ in dragging a protester in a wheelchair across a road and Scotland Yard was wrong not to recommend criminal charges against him, a police watchdog has concluded.”

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The Guardian, 24th August 2011

Source: www.guardian.co.uk

High Court challenge over Lancashire County Council cuts – BBC News

Posted July 20th, 2011 in budgets, carers, disability discrimination, disabled persons, judicial review, local government, news by tracey

“Two disabled women are mounting a legal challenge over Lancashire County Council’s decision to cut care services.”

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BBC News, 20th July 2011

Source: www.bbc.co.uk

Sophie Clarke’s £5m damages over brain injuries – BBC News

Posted July 20th, 2011 in birth, damages, disabled persons, hospitals, negligence, news, personal injuries by tracey

“A girl who was born with severe brain damage has been awarded £5m damages from a health board for her care.”

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BBC News, 19th July 2011

Source: www.bbc.co.uk

Carer battle over as ex-ballerina loses supreme court fight – The Guardian

Posted July 6th, 2011 in carers, disabled persons, human rights, judicial review, news by sally

“A former prima ballerina left disabled after a stroke has lost her supreme court battle for an overnight carer to give her ‘dignity and independence’.”

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The Guardian, 6th July 2011

Source: www.guardian.co.uk

Ex-ballerina Elaine McDonald to hear carer decision – BBC News

Posted July 6th, 2011 in carers, disabled persons, human rights, judicial review, news by sally

“A former ballerina from west London left disabled by a stroke is to learn the outcome of her legal battle to get an overnight carer.”

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BBC News, 6th July 2011

Source: www.bbc.co.uk

Charities threaten legal action over benefits cuts for disabled – The Guardian

Posted July 4th, 2011 in benefits, disabled persons, judicial review, news by sally

“The government faces a legal challenge from charities over its plans to cut benefits for disabled people by more than £2bn.”

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The Guardian, 2nd July 2011

Source: www.guardian.co.uk

Disability charity mounts court challenge to Jackson reforms – Law Society’s Gazette

Posted July 1st, 2011 in disabled persons, fees, judicial review, legal aid, news, personal injuries by tracey

“A disability charity has mounted a High Court challenge to oppose government plans to reform ‘no win, no fee’ arrangements.”

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Law Society’s Gazette, 30th June 2011

Source: www.lawgazette.co.uk

High Court dismisses challenges to magistrates’ court closures – Law Society’s Gazette

Posted June 21st, 2011 in courts, disabled persons, domestic violence, judicial review, news by sally

“The High Court has rejected legal challenges to the closures of Sittingbourne and Barry magistrates’ courts.”

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Law Society’s Gazette, 20th June 2011

Source: www.lawgazette.co.uk

Police are failing people with learning disabilities, says study – The Guardian

Posted June 20th, 2011 in disabled persons, hate crime, learning difficulties, news, police, victims, witnesses by sally

“People with learning disabilities continue to be failed by police forces, with many neither properly investigating disability hate crimes or treating victims as credible witnesses, according to a report by Mencap.”

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The Guardian, 20th June 2011

Source: www.guardian.co.uk