Councils turning down Blue Badge applicants unlawfully – Daily Telegraph

Posted June 15th, 2009 in disabled persons, news by sally

“Some disabled people are being unlawfully turned down for Blue Badges because councils have interpreted new rules on eligibility too strictly, the Government has admitted.”

Full story

Daily Telegraph, 15th June 2009

Source: www.telegraph.co.uk

Copyright treaty backing e-books for disabled readers survives US and EU resistance – OUT-LAW.com

Posted June 5th, 2009 in copyright, disabled persons, news by sally

“A proposed treaty that would change copyright laws to allow the supply of books across borders for the benefit of blind people has survived resistance from the US, UK, France, Germany and other countries.”

Full story

OUT.LAW.com, 3rd June 2009

Source: www.out-law.com

Smith v Northamptonshire County Council – WLR Daily

Smith v Northamptonshire County Council [2009] UKHL 27; [2009] WLR (D) 165

“A care worker who was injured when using a defective wheelchair ramp at a client’s home had not been using equipment ‘used by an employee at work’ so as to make her local authority employer, who was aware of the ramp but did not own it, strictly liable under the Provision and Use of Work Equipment Regulations 1998.”

WLR Daily, 21st May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Police and prosecutors apologise to disabled victims of crime – The Guardian

Posted May 11th, 2009 in criminal justice, disabled persons, news, victims by sally

“Many disabled victims  of crime are being failed by the system, the Guardian has learned, following two cases in which the Crown Prosecution Service and the police were forced to apologise for not taking offences seriously enough.”

Full story

The Guardian, 11th May 2009

Source: www.guardian.co.uk

Disability claim sportsman jailed – BBC News

Posted April 16th, 2009 in benefits, disabled persons, fraud, news by sally

“A wheelchair basketball player from Merseyside who was part of a medal winning team at Beijing 2008 has been jailed for benefit fraud.”

Full story

BBC News, 15th April 2009

Source: www.bbc.co.uk

Regina (Bunce) v Pensions Appeal Tribunal and Another – Times Law Reports

Posted April 15th, 2009 in armed forces, disabled persons, law reports, pensions by sally

Regina (Bunce) v Pensions Appeal Tribunal and Another

Court of Appeal

“On an appeal against an interim assessment by the Ministry of Defence of the degree of a person’s disability, the Pensions Appeal Tribunal did not have jurisdiction to challenge either the existence of the disability or whether the disability was attributable to service in the Armed Forces.”

The Times, 15th April 2009

Source: www.timesonline.co.uk

R (Marrion and others) v Board of Medical Referees and others – WLR Daily

Posted April 9th, 2009 in disabled persons, fire services, law reports, pensions by sally

R (Marrion and others) v Board of Medical Referees and others [2009] EWCA Civ 450; [2009] WLR (D) 135

“Where a firefighter applied for a disability pension, the question to be resolved by the independent qualified medical practitioner and on appeal by the Board of Medical Referees under the Firefighters’ Pension Scheme was whether the firefighter was subject to incapacity for the performance of his operational firefighting duty and any other duties within the definition of ‘regular firefighter’ and within his contract which it was proposed that he perform, but not any additional duties. Where no redeployment away from operation firefighting was available, the question stopped with incapacity for the performance of operational firefighting. It was not within the board’s jurisdiction to give a binding decision which trespassed on issues which were not part of the firefighter’s appeal.”

WLR Daily, 8th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Bunce) v Pensions Appeal Tribunal and another – WLR Daily

R (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134

“The Pensions Appeal Tribunal did not, on an appeal against the defence secretary’s interim assessment of the degree of a person’s disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence of the disability nor whether that disability was attributable to service in the armed forces.”

WLR Daily, 8th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Peters v East Midlands Strategic Health Authority and Another – Times Law Reports

Posted March 16th, 2009 in damages, disabled persons, law reports, negligence by sally

Peters v East Midlands Strategic Health Authority and Another

Court of Appeal

“Damages awarded to a claimant severely disabled as a result of the defendants’ negligence were to be disregarded for the purpose of the charging provisions for the local authority providing her with statutory accommodation and care.”

The Times, 16th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Peters v East Midlands Strategic Health Authority and another (Nottingham City Council, Part 20 defendant) – WLR Daily

Posted March 5th, 2009 in damages, disabled persons, law reports, personal injuries by sally

Peters v East Midlands Strategic Health Authority and another (Nottingham City Council, Part 20 defendant) [2009] EWCA Civ 145; [2009] WLR (D) 79

A severely disabled claimant was entitled as of right to damages from the tortfeasor in preference to dependence on the statutory obligations of the local authority to provide accommodation and care for her. For the purposes of disregarding damages for personal injuries from charging provisions in respect of accommodation and care provided by local authorities, all the heads of damage were to be disregarded, not only those for pain, suffering and loss of amenity.”

WLR Daily, 4th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Disabled rights delay criticised – BBC News

Posted January 5th, 2009 in disability discrimination, disabled persons, news by sally

“The UK government has been criticised for failing to bring new rights for disabled people into law.”

Full story

BBC News, 4th January 2009

Source: www.bbc.co.uk

BSI consults on first British Standard for accessible websites – OUT-LAW.com

Posted December 2nd, 2008 in disabled persons, internet, news, standards by sally

“A British Standard will give business owners and marketing managers new guidance for building and maintaining web content that is accessible to disabled people. A draft version of BS 8878 was released for public comment today.”

Full story

OUT-LAW.com, 1st December 2008

Source: www.out-law.com

Secretary of State’s report on disability equality – Ministry of Justice

Posted December 2nd, 2008 in disability discrimination, disabled persons, reports by sally

” This report sets out the Ministry of Justice’s commitment to disability equality for staff, stakeholders, with examples of progress and good practice since the introduction of the Disability Equality Duty in 2006.”

Full report 

Ministry of Justice, 1st December 2008

Source: www.justice.gov.uk

Regina (RJM) v Secretary of State for Work and Pensions – Times Law Reports

Posted October 27th, 2008 in benefits, disabled persons, homelessness, law reports by sally

Regina (RJM) v Secretary of State for Work and Pensions

House of Lords

“The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within article 14 of the European Convention on Human Rights but was lawful as it could be justified on policy grounds.”

The Times, 27th October 2008 

Source: www.timesonline.co.uk

R (RJM) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) – WLR Daily

Posted October 24th, 2008 in benefits, disabled persons, homelessness, human rights, law reports by sally

R (RJM) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) [2008] UKHL 63; [2008] WLR (D) 00; [2008] WLR (D) 328

“The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within art 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms but it was lawful as it could be justified on policy grounds.”

WLR Daily, 23rd October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Disabled car badge misuse tackled – BBC News

Posted October 20th, 2008 in disabled persons, news, parking by sally

“New powers to stop the misuse of blue disabled parking badges are expected to be announced by the government.”

Full story 

BBC News, 19th October 2008

Source: www.bbc.co.uk

Disabled people failed by courts and police – The Independent

Posted October 6th, 2008 in crime, disabled persons, news by sally

“Christine Lakinski lay dying on her doorstep when Anthony Anderson decided to urinate on her. Ms Lakinski, a severely disabled woman, had been walking back from her local shops, in Hartlepool, with a box of laminate flooring when she collapsed.”

Full story

The Independent, 6th October 2008

Source: www.independent.co.uk

One-legged driver convicted of illegally parking in a disabled space – Daily Telegraph

Posted September 26th, 2008 in disabled persons, news, parking by sally

“A one-legged driver has been convicted of cheating the disabled badge system.”

Full story

Daily Telegraph, 26th September 2008

Source: www.telegraph.co.uk

Paraplegic jailed for child abuse – BBC News

Posted September 11th, 2008 in child abuse, disabled persons, news, sentencing, sexual offences by sally

“A paraplegic has been jailed for five years after admitting sexual abuse involving children.”

Full story

BBC News, 9th September 2008

Source: www.bbc.co.uk

Does disability hate crime exist? – BBC News Magazine

Posted August 20th, 2008 in crime, disabled persons, hate crime, special report, violence by sally

“A handful of violent and degrading attacks on disabled people have provoked outrage among the press and public. But are they isolated cases or one end of a spectrum of intimidation and violence that many disabled people encounter?”

Full story

BBC News Magazine, 19th August 2008

Source: www.bb.co.uk