Mandatory relief when left in unsuitable temporary accommodation – Nearly Legal

‘Imam, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 739 (Admin). This is the judgment in a judicial review claim seeking a declaration that Croydon was in breach of its statutory duty under section 193(2) of the Housing Act 1996 to provide suitable accommodation, and for mandatory relief, that Croydon provide suitable accommodation, and consider the claimant’s application for band 1 housing priority.’

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Nearly Legal, 28th March 2021

Source: nearlylegal.co.uk

Covid: Blind woman forces government action in shielding case – BBC News

‘A blind woman who was sent a shielding letter she could not read has won “promising” commitments from the government after a legal challenge.’

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BBC News, 19th March 2021

Source: www.bbc.co.uk

Oliver Campbell: Calls to review 30-year-old murder conviction – BBC News

‘A man with learning difficulties who admitted to a murder 30 years ago should have his conviction quashed because he confessed to police without a lawyer present, his solicitor says.’

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BBC News, 16th March 2021

Source: www.bbc.co.uk

CoP says vulnerable man should have Covid vaccine despite father’s objection – Law Society’s Gazette

‘The Court of Protection has rejected pleas from a father that his clinically vulnerable son not be given the Covid-19 vaccine, in one of the first reported cases of its type.’

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Law Society's Gazette, 15th March 2021

Source: www.lawgazette.co.uk

Disputed respite care for Ultra-Orthodox Jewish boys: A and B – Law & Religion UK

Posted March 8th, 2021 in care homes, children, disabled persons, equality, human rights, Judaism, news by tracey

‘In A and B (Minors: placement, faith) [2021] EWHC 455 (Admin), two brothers of a family of Charedi Jews in north Manchester, acting through their uncle and litigation friend M, challenged Manchester City Council’s decision to offer them respite placement in Birtenshaw, a secular residential home in Greater Manchester, instead of in Bayis Sheli, an exclusively Orthodox Jewish residential home in London. A was 15, turning 16 in June 2021; B was 11 years, turning 12 in September 2021 [11]: they both had medical and behavioural conditions that required a very high level of supervision [12, 13 & 14].’

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Law & Religion UK , 4th March 2021

Source: lawandreligionuk.com

Widow sues NHS over deaf husband’s ‘diabolical’ care – The Guardian

‘A woman is taking legal action against an NHS trust over the “diabolical” and discriminatory treatment of her profoundly deaf husband, who died of cancer in May last year.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member? – Garden Court Chambers

‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Judge rules council breached ECHR rights of orthodox Jewish 15-year-old boy – but not his brother – over proposal for respite placement accommodation – Local Government Lawyer

‘A High Court judge has handed down a ruling in a disagreement over whether two boys should be given respite placement accommodation in a residential home in the Greater Manchester area or in an exclusively orthodox Jewish residential home in London.’

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Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

Capacity and sexual relations: Fallout from Re JB – Doughty Street Chambers

‘In a judgment handed down on 23 February, Cobb J concluded that a young woman known as HD lacked capacity to engage in sexual relations. He was driven to this conclusion based on the new requirement set out in Re JB that a person with capacity to engage in sexual relations must be able to understand (and retain, use or weigh and communicate) the fact that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Doughty Street Chambers, 24th February 2021

Source: insights.doughtystreet.co.uk

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant – Local Government Lawyer

‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’

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Local Government Lawyer, 18th February 2021

Source: www.localgovernmentlawyer.co.uk

Deprivation of liberty, family members and what s4B does (and doesn’t) say – Local Government Lawyer

‘A judge recently considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. She also helpfully clarified the current (limited) scope of s.4B MCA 2005, writes Alex Ruck Keene.’

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Local Government Lawyer, 19th February 2021

Source: www.localgovernmentlawyer.co.uk

Breach of PSED in bringing possession proceedings cured by subsequent compliance – Garden Court Chambers

Posted February 18th, 2021 in disabled persons, equality, housing, local government, mental health, news, repossession by sally

‘Ms Taylor was the secure tenant of Slough Borough Council. She had been diagnosed with bipolar disorder in late 2011.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

UK woman who killed disabled son detained in hospital indefinitely – The Guardian

‘A woman who killed her disabled 10-year-old son after undergoing a breakdown during the UK’s coronavirus lockdown has been detained in hospital indefinitely.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

Rachel Johnston: Neglect contributed to woman’s teeth removal death – BBC News

‘A disabled woman whose brain was starved of oxygen after an operation to remove all her teeth would probably have survived if care home staff acted sooner, an inquest heard. Staff at Pirton Grange Care Home, near Worcester, failed to spot Rachel Johnston was developing hypoxia. A coroner concluded neglect contributed to her death just over two weeks after she was taken to hospital.’

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BBC News, 11th February 2021

Source: www.bbc.co.uk

Court of Protection Newsletter – Spire Barristers

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 10th February 2021

Source: spirebarristers.co.uk

The woman who live-tweets inquests – BBC News

Posted February 10th, 2021 in autism, coroners, disabled persons, inquests, internet, news by sally

‘George Julian is crowdfunding to attend coroners’ courts and live-tweet the inquests of people with learning disabilities and autism.’

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BBC News, 10th February 2021

Source: www.bbc.co.uk

Liverpool knifeman jailed for ‘terrifying’ train passenger attack – BBC News

‘A knifeman who carried out a “cowardly and terrifying” attack on a visually impaired rail passenger has been jailed.’

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BBC News, 27th January 2021

Source: www.bbc.co.uk

Housing allocation and Catch-22 – Law Society’s Gazette

‘In his comically surreal war novel, Joseph Heller explained the paradox of Catch-22: “A concern for one’s safety in the face of dangers that were real and immediate was the process of a rational mind.” For if you flew more missions you were crazy and did not have to. But if you did not want to you were sane and had to. In other words, a no-win situation.

This was unfortunately the position faced by Mrs Habibo Nur (Mrs Nur), a Birmingham City Council housing applicant with three adult daughters including one, Zakiya, who has learning difficulties and suffers from cerebral palsy. Zakiya consequently requires support with daily living activities and has been assessed as needing a level access shower, access to stairs with bilateral handrails and accommodation with a downstairs toilet.’

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Law Society's Gazette, 25th January 2021

Source: www.lawgazette.co.uk

“Wrongful Life” Revisited – UK Human Rights Blog

‘In Evie Toombes v. Dr. Philip Mitchell [2020] EWHC 3506 the High Court has given renewed consideration to claims for, so called, “wrongful life”. Can a disabled person ever claim damages on the basis that they would not have been born but for the defendant’s negligence? The Court answered that question with a resounding “yes”.’

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UK Human Rights Blog, 21st January 2021

Source: ukhumanrightsblog.com

Mental Health Act reforms aim to tackle high rate of black people sectioned – The Guardian

‘Reforms to the Mental Health Act will help tackle the disproportionate number of black people sectioned, the government has announced.’

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The Guardian, 13th January 2021

Source: www.theguardian.com