Ombudsman makes two severe maladministration findings against major social landlord over handling of temporary move for resident with vulnerabilities – Local Government Lawyer

‘The Housing Ombudsman has made two severe maladministration findings for L&Q’s failure to minimise the disruption of a temporary move for a resident with physical and mental health vulnerabilities.’

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Local Government Lawyer, 15th March 2022

Source: www.localgovernmentlawyer.co.uk

Disabled people ‘given 12 days’ to respond to human rights consultation – Law Society’s Gazette

‘Disability and human rights groups have called for a consultation on controversial human rights reforms to be extended, telling the lord chancellor that disabled people have been given less than a fortnight to respond. The Ministry of Justice has apologised for the long wait for a ‘fully accessible’ document.’

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Law Society's Gazette, 2nd March 2022

Source: www.lawgazette.co.uk

Supreme Court to hear appeal over ruling by coroner that Article 2 ECHR not engaged where vulnerable woman died – Local Government Lawyer

‘The Supreme Court has granted permission to appeal over a coroner’s ruling that Article 2 of the European Convention on Human Rights (Right to life) was not engaged in a case where a vulnerable, 52-year-old woman with Down’s syndrome and learning disabilities died.’

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Local Government Lawyer, 1st March 2022

Source: www.localgovernmentlawyer.co.uk

DWP faces legal action over use of algorithm in decisions over fraud investigations – Local Government Lawyer

‘The Greater Manchester Coalition of Disabled People (GMCDP) and non-profit legal group Foxglove have sent the Department for Work & Pensions (DWP) a letter before action over its use of a computer algorithm when deciding on who should be investigated for fraud.’

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Local Government Lawyer, 23rd February 2022

Source: www.localgovernmentlawyer.co.uk

Reforms to protect disabled and LGBT+ victims, criminalise extremist misogynist ‘incel’ hate material, and safeguard free speech – Family Law

‘The Law Commission has announced recommendations to reform hate crime legislation to ensure that disabled and LGBT+ victims receive the same protections as victims with other protected characteristics (race and religion). If enacted, the reforms would ensure all five characteristics are protected equally by the law.’

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Family Law, 27th January 2022

Source: www.familylaw.co.uk

Terminally ill benefits claimants to be exempt from work search requirements – The Independent

Posted January 25th, 2022 in benefits, disabled persons, news, unemployment by sally

‘Terminally ill benefits claimants in Britain will not have to demonstrate that they are taking measures such as looking for work in order to receive support, the Government has said.’

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The Independent, 24th January 2022

Source: www.independent.co.uk

Care home staff jailed for degrading acts to vulnerable man – BBC News

‘Three care home workers have been jailed for 18 months for mistreating a vulnerable man.’

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BBC News, 20th January 2022

Source: www.bbc.co.uk

Should We All Have The Right To Die On Our Own Terms? – Each Other

Posted January 20th, 2022 in assisted suicide, bills, disabled persons, euthanasia, news by tracey

‘As the Assisted Dying Bill is scrutinised in parliament, the debate over whether terminally ill people should have the right to die is heating up again. So, what could a right to die look like in the UK?’

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Each Other, 20th January 2022

Source: eachother.org.uk

‘The present proceedings should never have been brought.’ ASB and disability discrimination. – Nearly Legal

‘Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC). Applications for injunctions under Part 1 of ASBCPA 2014 seem to be all the rage at moment, so it is refreshing to read the judgment in Rosebery Housing Association v Williams which was handed down by HHJ Luba QC late last year. The judgment provides a helpful list of what-not-to-do in situations where there are allegations of anti-social behaviour levelled at a disabled tenant, particularly where the tenant has made serious allegations of her own.’

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Nearly Legal, 16th January 2022

Source: nearlylegal.co.uk

Government breached duty over solicitor-judge’s disability struggles – Law Society’s Gazette

‘The government has been criticised by an employment tribunal for a “lack of coordination and pre-planning” that resulted in a solicitor-judge bringing a disability discrimination challenge against the justice secretary over her struggles to secure reasonable adjustments.’

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Law Society's Gazette, 17th January 2022

Source: www.lawgazette.co.uk

‘Deeply distressing’: 118,000 disabled people denied compensation after being underpaid thousands of pounds – The Independent

Posted January 13th, 2022 in benefits, compensation, disabled persons, news by tracey

‘Tens of thousands of people with disabilities and health problems are being denied the right to compensation following a government blunder over benefit payments, the health watchdog has warned.’

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The Independent, 13th January 2022

Source: www.independent.co.uk

Court of Protection authorises vaccination of autistic boy despite parental objections – Local Government Lawyer

‘The benefits of vaccination against Covid-19 for a child with autism, severe learning disability and asthma “significantly outweigh” the possible risks, the Court of Protection has found, despite objections from the boy’s parents.’

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Local Government Lawyer, 10th January 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman recommends county council pay nearly £7k after boy left without education for two years – Local Government Lawyer

‘A boy with special education needs who received “virtually no” education for two years should be given £6,900 in compensation by Suffolk County Council, an investigation by the Local Government and Social Care Ombudsman has recommended.’

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Local Government Lawyer, 7th January 2022

Source: www.localgovernmentlawyer.co.uk

Dudley mum’s legal fight over autistic son’s conviction – BBC News

‘The mother of an autistic man jailed for robbery says she is fighting to clear his name after the justice system failed to understand his disability. Joan Martin said 23-year-old Osime Brown’s autism meant he was incapable of committing the offence, and claims he was not given fair process. She is working with lawyers, who allege institutional discrimination, to overturn a “miscarriage of justice”.’

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BBC News, 10th January 2022

Source: www.bbc.co.uk

London borough’s housing allocation policy in breach of Equality Act, Ombudsman finds – Local Government Lawyer

‘A mother of two disabled children has successfully brought a complaint against Greenwich Council after a Local Government and Social Care Ombudsman investigation found the local authority’s social housing allocation policy disadvantaged the family.’

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Local Government Lawyer, 6th January 2022

Source: www.localgovernmentlawyer.co.uk

Children: Public Law Update (Winter 2022) – Family Law Week

‘John Tughan QC of 4PB considers recent judgments that public law child lawyers need to know about.’

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Family Law Week, 7th January 2022

Source: www.familylawweek.co.uk

Remedying breach of Public Sector Equality Duty (or not) – Nearly Legal

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 – We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to accept subsequent compliance (even after the issue of proceedings) as ‘remedying’ the breach. In this second appeal, the Court of Appeal adds some important codicils to that position.’

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Nearly Legal, 3rd January 2022

Source: nearlylegal.co.uk

Too little too late: a successful PSED challenge to a possession order – Local Government Lawyer

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.’

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Local Government Lawyer, 4th January 2022

Source: www.localgovernmentlawyer.co.uk

Doctors up in arms over ‘pre-conception negligence’ ruling – Legal Futures

Posted December 20th, 2021 in birth, children, damages, disabled persons, doctors, health, negligence, news, pregnancy by sally

‘Hundreds of doctors around the country, along with representative organisations, have spoken out over the High Court finding a GP negligent for advice given to a mother before conception which led to the birth of a disabled child.’

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Legal Futures, 20th December 2021

Source: www.legalfutures.co.uk

Parcel firms face new rules to improve customer service – The Independent

‘The watchdog unveiled plans to impose new rules on the sector, requiring companies to treat their customers more fairly, following a damning study.’

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The Independent, 9th December 2021

Source: www.independent.co.uk