Council provided “object lesson” in how not to respond to JR – Litigation Futures

Posted January 12th, 2021 in disabled persons, housing, judicial review, local government, news by sally

‘The High Court has described how Birmingham City Council provided an “object lesson in how a public body should not respond to public law proceedings” in its mishandling of a housing judicial review.’

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Litigation Futures, 12th January 2021

Source: www.litigationfutures.com

Council defeats appeal over ruling that it did not breach public sector equality duty in possession case – Local Government Lawyer

‘A High Court judge has dismissed an appeal over a ruling in a housing case that there had been no breach by Slough Borough Council of the public sector equality duty.’

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Local Government Lawyer, 5th January 2021

Source: www.localgovernmentlawyer.co.uk

PSED, breach and ‘subsequent compliance’ – Nearly Legal

‘An appeal on the issue of whether a Council landlord’s initial failure to have regard to the Public Sector Equality Duty on commencing possession proceedings could be remedied by later performance of that duty.’

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Nearly Legal, 2nd January 2021

Source: nearlylegal.co.uk

Home Office unlawfully leaving destitute and disabled asylum-seekers homeless, High Court rules – The Independent

Posted December 15th, 2020 in asylum, disabled persons, government departments, homelessness, housing, news by tracey

‘The Home Office is leaving destitute asylum-seekers homeless in breach of the law due to its failure to monitor the operations of private firms contracted to manage asylum accommodation, the High Court has ruled. In a ruling handed down on Monday morning, Justice Robin Knowles found that the five claimants in the case – all asylum-seekers considered by the Home Office itself to be “highly vulnerable” and eligible for housing support – had been left homeless for prolonged periods.’

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The Independent, 15th December 2020

Source: www.independent.co.uk

It was “none of your business”, High Court judge tells council which refused to take part in mediation over EHC Plan because mother wanted to bring her lawyer – Local Government Lawyer

‘A mother was entitled to bring a lawyer to support her at a mediation of her dispute with Hillingdon Council about her son’s Education, Health and Care Plan and the local authority was in breach of its statutory duties by refusing to participate, a High Court judge has ruled.’

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Local Government Lawyer, 7th December 2020

Source: www.localgovernmentlawyer.co.uk

Ombudsman criticises council after cancellation of transport sees teenager with autism miss start of term – Local Government Lawyer

‘A council has agreed to pay more than £2,400 in compensation after an investigation from the Local Government and Social Care Ombudsman into the termination of a child’s transport to school.’

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Local Government Lawyer, 4th December 2020

Source: www.localgovernmentlawyer.co.uk

East Yorkshire hospital trust pays millions over child’s brain damage – BBC News

‘A child who suffered brain damage after a catastrophic fall in blood sugar levels within days of his birth is to get millions of pounds in compensation.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Osime Brown: 55 MPs back calls to stop deportation of severely autistic man – The Independent

Posted November 26th, 2020 in autism, deportation, disabled persons, news, theft, young offenders by tracey

‘Dozens of MPs have backed calls to halt the deportation of a severely autistic man who was jailed as a teenager after being found guilty of stealing a mobile phone.’

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The Independent, 25th November 2020

Source: www.independent.co.uk

Paul Lamb: Paralysed Leeds man urges government inquiry – BBC News

Posted November 26th, 2020 in assisted suicide, disability discrimination, disabled persons, inquiries, news by tracey

‘A paralysed former builder has called for an inquiry into assisted dying after losing the latest in a series of bids to challenge the law on the issue.’

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BBC News, 25th November 2020

Source: www.bbc.co.uk

Only 16% of British courts accessible for wheelchair users – Litigation Futures

Posted November 20th, 2020 in courts, disabled persons, equality, law firms, news, statistics by sally

‘Only a small minority of courts in England, Wales and Scotland are accessible to wheelchair users, research by a London personal injury firm has found.’

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Litigation Futures, 19th November 2020

Source: www.litigationfutures.com

A Local Authority v GP (Capacity – care, support and education) [2020] EWCOP 56 – 3PB

‘This was the first time that the Court of Protection had been asked to identify the relevant specific decisions that GP had to be able to make in relation to the aforementioned issues within the meaning of s3(1) and 15(1)(a) of the Mental Capacity Act 2005 (“the 2005 Act”) and to consider what the relevant information in respect of each of those decisions was that GP must have been able to understand, retain, use or weigh in accordance with s3(1) of the 2005 Act.’

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3PB, November 2020

Source: www.3pb.co.uk

Court quashes decision to accommodate disabled man 130 miles away from his support network – LB Waltham Forest v Saleh remains good law – Garden Court Chambers

Posted November 12th, 2020 in disabled persons, housing, local government, news by sally

‘HHJ Saunders at Central London County Court found the decision of LB Waltham Forest unlawful on a number of grounds.’

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Garden Court Chambers, 5th November 2020

Source: www.gardencourtchambers.co.uk

Disability, Delusions and Definitions – Parklane Plowden

‘Employees that suffer from a disability so defined are protected against various forms of discrimination because of that status. Employers facing claims of such discrimination must assess whether a Tribunal will find that the employee was in fact, during the relevant period, disabled and, if so, whether it knew or reasonably ought to have known of that fact. It is common for employers to concede the fact of disability.’

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Parklane Plowden Chambers, 4th November 2020

Source: www.parklaneplowden.co.uk

‘Inhuman’ use of restraint on disabled adults – BBC News

Posted November 10th, 2020 in disabled persons, hospitals, learning difficulties, news, restraint by sally

‘Every 15 minutes, on average, a patient with learning disabilities was restrained in hospital last year, new BBC File on 4 analysis shows.’

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BBC News, 10th November 2020

Source: www.bbc.co.uk

Claim for special accommodation – Law Society’s Gazette

Posted November 10th, 2020 in accidents, damages, disabled persons, housing, news, personal injuries, road traffic by sally

‘In Swift v Carpenter [2018] EWHC 2060 (QB) the claimant, aged 39, had suffered serious lower-limb injuries in a road traffic accident. Liability was agreed and in 2018 the quantum assessment came before Mrs Justice Lambert in the High Court, who made awards on various heads of claim. The final issue for consideration was a claim for special accommodation. It was agreed by the parties that the claimant required a new house, given her injuries, and that it was reasonable that she move. Lambert J set the extra cost of the proposed special accommodation at £900,000.’

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Law Society's Gazette, 9th November 2020

Source: www.lawgazette.co.uk

Disability Discrimination Act: The disabled activists who brought London to a halt – BBC News

‘Twenty-five years ago the Disability Discrimination Act was passed, a landmark piece of legislation which ensured, for the first time, that disabled people had civil rights.’

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BBC News, 8th November 2020

Source: www.bbc.co.uk

Homeworking now a “reasonable adjustment” for disabled lawyers – Legal Futures

‘Employment tribunals may in future need to recognise that homeworking has become an established “reasonable adjustment” to working practices for disabled people, including lawyers, a webinar heard last week.’

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Legal Futures, 9th November 2020

Source: www.legalfutures.co.uk

Viewpoint: Disability laws are 25 years old, what next? – BBC News

Posted November 9th, 2020 in disability discrimination, disabled persons, equality, legal history, news by sally

‘It’s 25 years since the Disability Discrimination Act became law, but the campaign for equality goes on.’

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BBC News, 9th November 2020

Source: www.bbc.co.uk

Family of mentally ill single mother accuse DWP of failing to protect her – The Guardian

‘The family of a severely mentally ill woman who died after being without disability benefits for several months have accused the Department for Work and Pensions (DWP) of failing to safeguard her.’

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The Guardian, 5th November 2020

Source: www.theguardian.com

Litigating on behalf of P: Guidance for Deputies on seeking permission and managing conflicts – Hardwicke Chambers

Posted October 30th, 2020 in chambers articles, Court of Protection, disabled persons, news by sally

‘Her Honour Judge Hilder has given judgment in ACC & Others [2020] EWCOP 9, a test case which concerns the circumstances in which deputies must seek authority to litigate on behalf of P and other considerations such as managing conflicts where a professional deputy proposes to instruct its own firm in the litigation.’

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Hardwicke Chambers, 26th October 2020

Source: hardwicke.co.uk