Appeal court overturns disability strategy ruling – BBC News

Posted July 12th, 2023 in appeals, consultations, disabled persons, government departments, news by sally

‘A ruling which decided a survey used to inform the government’s National Disability Strategy was “unlawful” has been overturned at the Court of Appeal.’

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BBC News, 11th July 2023

Source: www.bbc.co.uk

Children’s Commissioner for England calls for “radical rehaul” of SEND system as demand for Education, Health and Care Plans reaches new highs – Local Government Lawyer

‘The Children’s Commissioner, Dame Rachel de Souza, has called for a “radical rehaul of the SEND system” and “swift implementation of the SEND Improvement Plan” after recent data from the Department for Education showed that nearly 1.2 million children in England have special educational needs support without an Education, Health and Care plan (EHCP), up 4.7% in 2022.’

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Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

The Supreme Court Provides Authoritative Guidance on the Application of Article 2 to Coronial Investigations and Inquests – UK Human Rights Blog

‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the “enhanced” investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the “interested persons”, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’

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UK Human Rights Blog, 28th June 2023

Source: ukhumanrightsblog.com

Deprivation of liberty safeguards reform delayed – Law Society’s Gazette

‘Major reform of safeguards covering people detained under the Mental Capacity Act will be a matter for the next government, the current government has revealed.’

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Law Society's Gazette, 22nd June 2023

Source: www.lawgazette.co.uk

Claimant win High Court battle over social and life skills activities and disability related expenditure – Local Government Lawyer

Posted June 22nd, 2023 in autism, budgets, disabled persons, local government, news by tracey

‘The Royal Borough of Windsor & Maidenhead has lost a High Court case over whether a 25-year-old man with autism can count his social and life skills activities as disability related expenditure (DRE).’

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Local Government Lawyer, 22nd June 2023

Source: www.localgovernmentlawyer.co.uk

Windrush: Hundreds with chronic and mental illness sent back to Caribbean – BBC News

‘Hundreds of long-term sick and mentally ill people from the Windrush generation were sent back to the Caribbean in what has been described as a “historic injustice”, the BBC has found.’

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BBC News, 21st June 2023

Source: www.bbc.co.uk

Most magistrates courts in England and Wales have accessibility failings – The Guardian

‘Three-quarters of magistrates courts in England and Wales are inadequately accessible for people with disabilities, with a lack of ramps, inaccessible toilets and non-functioning hearing loops all featuring as failings.’

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The Guardian, 19th June 2023

Source: www.theguardian.com

Court issues mandatory order directing council to secure accommodation for family with severely disabled child within two months – Local Government Lawyer

Posted June 15th, 2023 in children, disabled persons, housing, local government, news by sally

‘The London Borough of Harrow left a family in unsuitable temporary accommodation, which “did not meet the needs of the claimant’s severely disabled daughter”, for almost a year, a court has found.’

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Local Government Lawyer, 14th June 2023

Source: www.localgovernmentlawyer.co.uk

New how-to guide to help families access trust funds of disabled young adults – Ministry of Justice

‘Parents who care for disabled young people will be better supported to access vital savings – including Child Trust Funds – thanks to the launch of a new easy-to-use guide.’

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Ministry of Justice, 9th June 2023

Source: www.gov.uk

Think of other ways to meet the duty – Nearly Legal

‘Our grateful thanks to Eleri Griffiths and Martin Hodgson of One Pump Court for the following note of a judicial review of LB Harrow’s failure to provide suitable accommodation under section 193 Housing Act 1996, following on from Elkundi (our note) and while we await the Supreme Court decision in Imam v LB Croydon on mandatory orders in such cases.’

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Nearly Legal, 4th June 2023

Source: nearlylegal.co.uk

BSB to lobby councils over disabled access to listed chambers buildings – Legal Futures

‘The Bar Standards Board (BSB) has written to chief planning officers in central London to express concern at the difficulties chambers face in adapting historic buildings for disabled access.’

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Legal Futures, 30th May 2023

Source: www.legalfutures.co.uk

New ACAS mental health guidance: reasonable adjustments – Local Government Lawyer

Posted May 22nd, 2023 in codes of practice, disabled persons, employment, mental health, news by tracey

‘ACAS, in conjunction with Affinity Health at Work, has launched new guidance on reasonable adjustments for mental health at work. It contains guidance for both employers and workers. David Leach and Hannah Peto examine what it says.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Kaylea Titford: Parents’ jail terms increased for neglect death – BBC News

‘Two parents who left their 16-year-old daughter to die in squalor have had their sentences for neglect increased.’

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BBC News, 20th May 2023

Source: www.bbc.co.uk

Suitability duties and reasonable preferences that weren’t unreasonable – Nearly Legal

‘A judicial review on three grounds:

i) Breach of section 193(2) Housing Act 1996 duty to secure suitable accommodation;

ii) The Westminster’s allocation policy was unlawful in that it denied the applicant medical need priority reasonable preference, restricting him to homeless reasonable preference; and

iii) Breach of the duty under section 166A(9)(a)(ii) Housing Act 1996 to provide the applicant sufficient information to permit the applicant to determine whether housing accommodation appropriate to his needs is likely to be available to him and, if so, how long it is likely to be before such accommodation becomes available for allocation to him.’

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Nearly Legal, 8th May 2023

Source: nearlylegal.co.uk

Man poisoned disabled boy’s drink with amphetamines – BBC News

‘A man who poisoned a disabled nine-year-old boy with amphetamines has been sentenced to 32 months in prison.’

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BBC News, 3rd May 2023

Source: www.bbc.co.uk

Changing the narrative on neurodiversity: smoothing out the bumps in the road – Local Government Lawyer

‘Libby Hubbard looks at a recent Employment Appeal Tribunal case that considered whether a staff member’s behaviour and his disability were linked.’

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Local Government Lawyer, 28th April 2023

Source: www.localgovernmentlawyer.co.uk

Four staff at specialist hospital guilty of mistreating vulnerable patients – The Independent

‘Four members of staff at a specialist hospital have been found guilty of mistreating vulnerable patients after an undercover BBC Panorama documentary.’

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The Independent, 28th April 2023

Source: www.independent.co.uk

Paralegal wins claims for disability discrimination and harassment – Legal Futures

‘A paralegal at a London law firm was unfairly dismissed over unpaid wages, subjected to disability discrimination and harassed on the basis of her sex, an employment tribunal has ruled.’

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Legal Futures, 26th April 2023

Source: www.legalfutures.co.uk

Law Commission invited to review legislation on social care for disabled children – Law Commission

‘The Law Commission of England and Wales has been asked by the Department for Education to review the legal framework governing the social care of disabled children to ensure that the law is fair, modern and accessible, allowing children with disabilities to access the support they need.’

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Law Commission, 20th April 2023

Source: www.lawcom.gov.uk

Call for urgent measures to prevent ‘appalling’ abuse of disabled children in UK care homes – The Independent

Posted April 20th, 2023 in care homes, child abuse, child neglect, disabled persons, news, reports by sally

‘Recommendations for a more joined-up approach to the care of disabled children in care homes must be fully implemented otherwise “appalling harm” suffered by this vulnerable group could be repeated, experts have warned.’

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The Independent, 20th April 2023

Source: www.independent.co.uk