Category: equality

Changes to the EHCP regime during Covid-19: a quick guide for parents and representatives – Monckton Chambers

Posted May 15th, 2020 in chambers articles, coronavirus, disabled persons, education, equality, learning difficulties, local government, news, school children by sally

‘On 1 May 2020, the entitlements of children with SEND (and their parents) in relation to the Education, Health and Care (EHC) Plan process changed. The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (the “New Regulations”) came into force. They will expire on 25 September 2020 unless extended. The New Regulations amend four existing sets of Regulations including the Special Educational Needs and Disability Regulations 2014 (the “SEND Regulations”).’

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Monckton Chambers, 12th May 2020

Source: www.monckton.com

Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA – 3PB

Posted May 13th, 2020 in appeals, chambers articles, disability discrimination, disabled persons, employment, employment tribunals, equality, hospitals, news, nurses by sally

‘Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? – Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA.’

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3PB, May 2020

Source: www.3pb.co.uk

Disabled claimant to challenge NHS England guidance restricting hospital visitors – Local Government Lawyer

Posted May 12th, 2020 in coronavirus, disabled persons, equality, hospitals, human rights, judicial review, news by sally

‘A disabled woman has sent a pre-action protocol letter to NHS England over its “Visitor guidance”, which imposes restrictions on those entering hospitals.’

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Local Government Lawyer, 11th May 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus: locking the over 70’s away? – Cloisters

Posted May 5th, 2020 in age discrimination, coronavirus, elderly, equality, human rights, news by sally

‘As part of our series considering the human rights and equality implications of Covid-19, Declan O’Dempsey considers proposals being floated that would single out the over 70s for shielding and social distancing, once lockdown measures for other age groups are eased.’

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Cloisters, 1st May 2020

Source: www.cloisters.com

Errol Graham death: Judicial review move over DWP policy – BBC News

Posted May 4th, 2020 in benefits, bereavement, causing death of children or vulnerable adults, disabled persons, equality, government departments, human rights, inquests, judicial review, mental health, news by sally

‘The family of a mentally ill man who starved to death after his benefits were cut have applied for a judicial review of government policy.’

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BBC News, 1st May 2020

Source: www.bbc.co.uk

Campaigners given permission for legal challenge over guidance from council on transgender issues in schools – Local Government Lawyer

Posted May 1st, 2020 in education, equality, gender, judicial review, local government, news, school children, transgender persons by sally

‘The High Court has granted a campaign group permission for a judicial review challenge over Oxfordshire County Council’s guidance on transgender issues in schools.’

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Local Government Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

Department for Education relaxes statutory timescales in four sets of regulations relating to SEN system – Local Government Lawyer

Posted May 1st, 2020 in coronavirus, disabled persons, education, equality, learning difficulties, local government, news, school children by sally

‘Various statutory deadlines in four sets of regulations dealing with special educational needs and disabilities, principally those that relate to EHC [Education, Health and Care] needs assessment and plan processes, will be modified with effect from tomorrow (1 May).’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

“Misguided” solicitor fined over offensive remark – Legal Futures

Posted May 1st, 2020 in disciplinary procedures, diversity, equality, fines, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A veteran solicitor who made an “inappropriate and offensive remark” while trying to pay a compliment has been fined by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 30th April 2020

Source: www.legalfutures.co.uk

‘Justice not charity’ – the blind marchers who made history – BBC News

Posted May 1st, 2020 in demonstrations, disability discrimination, disabled persons, employment, equality, news, remuneration, trade unions by sally

‘A century ago blind and partially sighted people marched on London to lobby the government to improve their living and working conditions. The 1920 Blind March has become a milestone in the history of the disability rights movement. But as recreating a large gathering is not possible in current circumstances, blind people are using their daily personal exercise to mark the anniversary.’

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BBC News, 30th April 2020

Source: www.bbc.co.uk

Transgender man loses appeal court battle to be registered as father – The Guardian

Posted May 1st, 2020 in appeals, birth certificates, equality, gender, news, parental rights, transgender persons by sally

‘A transgender man who gave birth has lost his appeal court battle to be registered as a father in a case that wrestled with the legal definition of motherhood and transgender rights.’

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The Guardian, 29th April 2020

Source: www.theguardian.com

The Frontline Doctors Challenging The Government’s Handling Of Covid-19 – Each Other

Posted April 29th, 2020 in coronavirus, doctors, equality, government departments, health, health & safety, hospitals, judicial review, news, standards by sally

‘On Thursday (23 April), the couple launched a legal challenge against the government’s guidance on personal protective equipment (PPE), which they argue exposes them to coronavirus infections.’

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Each Other, 28th April 2020

Source: eachother.org.uk

Coronavirus: Lack of sign language interpreters leads to legal case against government – BBC News

Posted April 29th, 2020 in coronavirus, disability discrimination, disabled persons, equality, government departments, judicial review, news by sally

‘Deaf campaigners have started legal proceedings against the government over a lack of sign language interpreters at its daily coronavirus briefings.’

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BBC News, 28th April 2020

Source: www.bbc.co.uk

Sikh Federation UK launches another legal challenge over Census 2021 – Local Government Lawyer

Posted April 27th, 2020 in census, equality, judicial review, news, Sikhism by sally

‘The Sikh Federation UK has brought a second judicial review challenge against the Cabinet Office over government plans for the 2021 Census.’

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Local Government Lawyer, 24th April 2020

Source: www.localgovernmentlawyer.co.uk

Doctor couple challenge UK government on PPE risks to BAME staff – The Guardian

Posted April 27th, 2020 in coronavirus, doctors, equality, government departments, health, health & safety, news by sally

‘Two doctors are launching a legal challenge over government guidance on personal protective equipment which they say exposes them to coronavirus infections.’

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The Guardian, 24th April 2020

Source: www.theguardian.com

Not signed, not sealed, not delivered – Nearly Legal

Posted April 27th, 2020 in county courts, debts, deposits, disability discrimination, disabled persons, equality, housing, landlord & tenant, news, notification, rent, repairs, repossession by sally

‘A first instance county court judgment on a possession claim, but with a range of interesting issues. The Ratcliffes were the landlords, Ms Patterson was the tenant and Mr Porter a guarantor, who played no part in proceedings. The tenancy was an assured shorthold tenancy with the most recent fixed term beginning in June 2018. Rent arrears accrued (on which more later) and the Ratcliffes brought a claim for possession under grounds 8, 10 and 11 Schedule 2 Housing Act 1988.’

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Nearly Legal, 26th April 2020

Source: nearlylegal.co.uk

Remote hearings and inclusive justice – Transparency Project

Posted April 27th, 2020 in coronavirus, courts, criminal justice, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, family courts, live link evidence, mental health, news, remote hearings by sally

‘How effectively are people with a cognitive impairment, mental health condition and/or neuro-diverse condition able to participate in proceedings in the justice system, particularly when they engage with that system via video or telephone link?’

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Transparency Project, 24th April 2020

Source: www.transparencyproject.org.uk

UK voter ID plan disenfranchises the poor, appeal court told – The Guardian

Posted April 24th, 2020 in appeals, documents, elections, equality, identification, news by sally

‘Pilot schemes requiring voters to produce photo ID at polling stations disenfranchise those who do not have or cannot find their documents and alienate people from the democratic process, the court of appeal has been told.’

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The Guardian, 23rd April 2020

Source: www.theguardian.com

Government successfully appeals in ‘Right to Rent’ case – UK Human Rights Blog

Posted April 24th, 2020 in appeals, equality, government departments, housing, human rights, immigration, landlord & tenant, news by sally

‘Notably, the Court of Appeal agreed with the High Court’s view that the scheme does result in landlords discriminating against tenants without British passports on the basis of their actual or perceived nationality. However, the Court held that this discrimination was justified.’

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UK Human Rights Blog, 22nd April 2020

Source: ukhumanrightsblog.com

EHRC warning on use of video hearings in criminal cases – Legal Futures

Posted April 24th, 2020 in coronavirus, courts, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, live link evidence, miscarriage of justice, news by sally

‘The Equality and Human Rights Commission (EHCR) has called on the government to take action to reduce the risk of disabled people being wrongly convicted because of video hearings in criminal cases.’

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Legal Futures, 24th April 2020

Source: www.legalfutures.co.uk

Resuscitation and the value of a disabled person’s life: Triaging and Covid19 – Cloisters

Posted April 24th, 2020 in chambers articles, coronavirus, disability discrimination, disabled persons, equality, human rights, medical treatment, news by sally

‘What is your life worth? If you get Covid19, what criteria do you want clinicians to apply when triaging your case? Choices on withholding treatment have become starkly real in the Covid19 emergency. Such choices should be made on a basis respecting the dignity of the individual patient and not based on stereotypes relating to age or disability. The emergent guidance is not clear on these issues.’

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Cloisters, 22nd April 2020

Source: www.cloisters.com