Campaigners in legal threat over “failure to collect data on deaths of those with learning disabilities and autism during COVID-19” – Local Government Lawyer

‘Disability campaigners have sent a letter before action to five public bodies over what they say has been a failure to mandate the collection and publication of data on the deaths of people with learning disabilities and autism during the coronavirus pandemic.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

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

‘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

Government legal move risks councils ‘downing tools’ on support for disabled children – Law Society’s Gazette

‘The Department for Education has taken two key steps to relieve councils of duties related to children with special educational needs (SEN) during the Covid-19 crisis.’

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Law Society's Gazette, 1st May 2020

Source: www.lawgazette.co.uk

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

‘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

Court hearings via video ‘risk unfairness for disabled people’ – The Guardian

‘Remote video trials could disadvantage people with learning disabilities, the equalities watchdog has warned, as courts switch to online hearings during the coronavirus crisis.’

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The Guardian, 22nd April 2020

Source: www.theguardian.com

Government changes how outdoor exercise guidance applies to people with specific health needs – Local Government Lawyer

‘The Government has changed its leaving home guidance to permit people with specific health needs to exercise outside more than once a day and to travel to do so where necessary, following the threat of a judicial review challenge.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects appeal over changes made by county council to SEN transport policy affecting 16-18 year olds – Local Government Lawyer

‘The Court of Appeal has dismissed an appeal over a council’s decision to amend its Special Educational Needs Home to School/College Transport Policy for the 2019/20 academic year.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

NICE amends Covid-19 critical care guideline after judicial review threat – Local Government Lawyer

‘The National Institute for Health and Care Excellence (‘NICE’) has changed the COVID-19 guideline for clinical care after being threatened with a judicial review challenge.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Issuing an EHC Plan—the meaning of ‘necessary’ (Nottinghamshire County Council v SF and another) – 3PB

‘The Court of Appeal held that the First-Tier Tribunal (FTT) had correctly construed the meaning of ‘necessary’ in section 37(1) of the Children and Families Act 2014 (CFA 2014) in finding that it was necessary for special educational provision to be made for HD in accordance with an EHC Plan. This was despite his school having identified his needs, made provision to meet those needs and HD making progress at school. The court considered and affirmed the approach to making a determination under CFA 2014, s 37, determining what is ‘necessary’ requires an evaluative judgment based on the facts of each case.’

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3PB, 9th March 2020

Source: www.3pb.co.uk

“Chilling” failures to comply with the Mental Capacity Act – Doughty Street Chambers

‘In A (Fact-Finding), HHJ Clayton strongly criticised, and awarded costs against, a local authority and Clinical Commissioning Group after their pursuit of a fundamentally flawed approach to the best interests of P, a young man with a severe global delay, who was unable to communicate verbally.’

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Doughty Street Chambers, 20th January 2020

Source: insights.doughtystreet.co.uk

London council’s special needs inquiry caused by ‘systemic failures’ – BBC News

‘At least 5,000 children seeking special educational needs support (Send) are to have their cases reviewed after a London council landed a stinging rebuke from the local government ombudsman. Concerns about “systemic failures” in Richmond’s Send department prompted the watchdog to take the highly unusual step of ordering the full-scale audit.’

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BBC News, 17th January 2020

Source: www.bbc.co.uk

Sexual assault investigation into a child with learning difficulties not a breach of article 3 – Police Law Blog

‘In R (AB) v Chief Constable of Hampshire Constabulary [2019] EWHC 3461 (Admin), the Divisional Court considered a claim on behalf of a boy with severe learning and communication disabilities, that police had failed properly to investigate what appeared to be a disclosure by him of a sexual assault during a stay at in respite care. He argued that they had wrongly proceeded to interview him despite no witness intermediary being available and had subsequently failed to re-interview him with an intermediary. He argued that this was a breach of Article 3, and unlawful disability discrimination. The Court dismissed the claim, also giving important procedural guidance.’

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Police Law Blog, 17th December 2019

Source: ukpolicelawblog.com

‘National disgrace’: Hundreds of disabled people detained in UK hospitals for more than 10 years – The Independent

‘More than 350 people with special needs have been detained in hospitals for more than 10 years, analysis has revealed.’

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The Independent, 8th December 2019

Source: www.independent.co.uk

Call for reform of pupil exclusions ‘as schools unaware of legal duties’ – The Guardian

The law reform group Justice has called for a radical overhaul of exclusions amid concerns that too many schools do not fully understand their legal duties and that the appeal process available to parents wishing to challenge an exclusion is inadequate.

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The Guardian, 11th November 2019

Source: www.theguardian.com

Marshalling evidence in special educational needs cases – Local Government Lawyer

Posted November 8th, 2019 in evidence, learning difficulties, news, special educational needs by tracey

‘John Roberts reports on a successful result obtained by a local authority in the Special Educational Needs Tribunal.’

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Local Government Lawyer, 8th November 2019

Source: www.localgovernmentlawyer.co.uk

Court users with limited access to technology at risk of being left behind by court modernisation programme: MPs – Local Government Lawyer

‘Court users with limited access to computers, poor literacy or limited understanding of how the law works could be disadvantaged and potentially left going through a case with no legal advice as a result of the courts and tribunals modernisation programme, MPs have said.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

MoJ data suggests 95% of SEN tribunal cases lost, withdrawn or conceded by local authorities, claims charity – Local Government Lawyer

‘Some 95% of decisions at special educational needs tribunals in 2017/18 were either won by parents, or saw local authorities withdraw or concede, it has been claimed.’

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Local Government Lawyer, 29th October 2019

Source: www.localgovernmentlawyer.co.uk

Social services should not help man meet sex workers, judge rules – The Guardian

‘A judge has ruled that social services should not facilitate access to prostitutes for a man with learning disabilities who has a “high sex drive”.’

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The Guardian, 7th October 2019

Source: www.theguardian.com

Man who does not understand consent has right to pursue sex, court rules – The Guardian

‘The court of protection has ruled that a man who cannot understand the issue of consent must be allowed to pursue sexual relationships.’

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The Guardian, 3rd October 2019

Source: www.theguardian.com

‘Passive’ civil courts urged to improve handling of vulnerable parties – Law Society’s Gazette

‘Rules should be updated, judicial training improved and court rooms rejigged to cater for parties with mental health conditions and other vulnerabilities in civil proceedings.’

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Law Society's Gazette, 5th September 2019

Source: www.lawgazette.co.uk