Child Trust Fund court fees waived for parents – Ministry of Justice

‘Parents or guardians of children who lack mental capacity can ask for court fees to be waived when seeking access to a Child Trust Fund, the government has announced today (1 December, 2020).’

Full press release

Ministry of Justice, 1st December 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

‘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.’

Full Story

BBC News, 10th November 2020

Source: www.bbc.co.uk

‘Justice must be for all’: why court intermediaries are vital for vulnerable people – The Guardian

‘Concerns are growing that a service to help people follow court proceedings in England and Wales is to be privatised and deregulated.’

Full Story

The Guardian, 28th October 2020

Source: www.theguardian.com

Damning CQC report calls for improved community-based capacity, pooled budgets and new national specialist commissioner of complex care – Local Government Lawyer

‘A Care Quality Commission review has found “undignified and inhumane” care in some hospital settings providing complex care for autistic people, and people with a learning disability and/or mental health condition.’

Full Story

Local Government Lawyer, 26th October 2020

Source: www.localgovernmentlawyer.co.uk

CQC report: Care of people with learning disabilities ‘inhumane’ – BBC News

‘Too many hospitals for people with learning disabilities or autism are providing poor care which is, at times, undignified and inhumane, the care regulator for England has said.’

Full Story

BBC News, 23rd October 2020

Source: www.bbc.co.uk

Overarching principles: Sentencing offenders with mental disorders, developmental disorders, or neurological impairments – St Philips Barristers

‘The Sentencing Council’s guideline for sentencing offenders with mental disorders, developmental disorders, or neurological impairments came into force on 1 October 2020. The guideline applies only to offenders aged 18 and older, who are sentenced on or after 1 October 2020, regardless of the date of the offence. The applicable guideline for offenders under the age of 18 remains the Sentencing Children and Young People guideline, particularly section 11.1 to 1.14.’

Full Story

St Philips Barristers, 7th October 2020

Source: st-philips.com

‘He cannot cope’: More than 100,000 people call for deportation of severely autistic man to be halted – The Independent

Posted October 6th, 2020 in autism, deportation, Jamaica, learning difficulties, news by tracey

‘Brown, 21, is a severely autistic Jamaican-born UK resident who is currently in prison a two-and-a-half-hour drive from his mother’s home in Dudley. He is nearing the end of a five-year prison sentence, and faces removal to a country he hasn’t set foot in since he came to the UK aged four.’

Full Story

The Independent, 5th October 2020

Source: www.independent.co.uk

Communication, Education and Speech Difficulties in the Criminal Justice System – Oxford Human Rights Hub

Posted September 29th, 2020 in criminal justice, dyslexia, education, learning difficulties, news, prisons, statistics by sally

‘The level of educational achievement by incarcerated offenders in the UK is far lower than the average. In addition, 40-50% of prisoners assessed in John Rack’s research for the Dyslexia Institute (2005) were at or below levels of literacy and numeracy expected of an 11-year old. In 2007, the Prison Reform Trust reported that prison populations who showed serious deficits in literacy and numeracy reached up to 60% with a 30% dyslexia rate. This literacy problem extends to oral speech. People in the Criminal Justice System are ten times more likely to have a Speech and Communication Difficulty than members of the public. Research shows that 60% of young male offenders have a communication deficit as opposed to 3-10% of the general population (Available evidence for young female and adult offenders shows similarly high levels of speech-difficulties.) In the UK, low socio-economic status (SES), speech difficulty and school exclusions are co-morbid factors for offending. Having a speech difficulty also makes it near impossible for anyone with significant communication difficulties to navigate a legal system built upon excessive jargon without help. The criminal justice system must make structural interventions to protect the rights of persons with Speech and Communication Difficulty.’

Full Story

Oxford Human Rights Hub, 17th September 2020

Source: ohrh.law.ox.ac.uk

Report raises alarm over police detention of vulnerable suspects in England and Wales – The Guardian

‘Police officers detained and interviewed hundreds of thousands of vulnerable suspects last year in England and Wales in breach of mandatory safeguards, according to the body that sets standards for those who support vulnerable adults in police custody.’

Full Story

The Guardian, 28th September 2020

Source: www.theguardian.com

Capacity and Serious Medical Treatment – Pump Court Chambers

‘This case concerned a young woman, K, who was assessed to lack capacity. K was diagnosed with cancer. The proposed treatment was “complex”, “intrusive” and was described as a “life-altering complexion”.’

Full Story

Pump Court Chambers, 6th August 2020

Source: www.pumpcourtchambers.com

British trafficking victim sues Priti Patel alleging abuse of personal data – The Guardian

‘A British victim of trafficking is bringing a case against the home secretary, Priti Patel, arguing that her department unlawfully accessed personal information including details of her intimate thoughts.’

Full Story

The Guardian, 30th July 2020

Source: www.theguardian.com

Council loses High Court battle over level of support for disabled young woman – Local Government Lawyer

‘The London Borough of Southwark has lost a High Court case over a disabled young woman’s care plan after a judge found aspects of the council’s case to be materially flawed or erroneous.’

Full Story

Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

Clearer guidelines issued in UK for sentencing offenders with mental health disorders – The Guardian

‘Clearer guidelines have been published for courts sentencing offenders who have schizophrenia, depression or other mental disorders.’

Full Story

The Guardian, 22nd July 2020

Source: www.theguardian.com

A Local Authority v JB [2020] EWCA Civ 735 – Pump Court Chambers

‘In this recent decision the Court of Appeal has arguably reset the last 15 years of jurisprudence surrounding P’s capacity in regards of sexual relations. The previous case law focused on P’s ability to consent to such relations, and whether P understood the information relevant to that decision. Traditionally the ‘information relevant’ analysis took a protectionist stance, considering whether P understood the risks or pregnancy or sexual disease etc. This decision however makes it clear that information relevant to the decision, also includes the ability to understand the importance of a partner consenting to such relations.’

Full Story

Pump Court Chambers, 23rd June 2020

Source: www.pumpcourtchambers.com

Council faces judicial review over SEND cuts – Local Government Lawyer

‘A group of parents of children with special educational needs or disabilities has been granted permission to take the London Borough of Waltham Forest to judicial review over spending cuts.’

Full Story

Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Determining and Recording Best Interests – 39 Essex Chambers

‘The purpose of this document is to provide those who have to consider best interests with an overview of the relevant law and principles. Its focus is on: (a) how to apply the MCA 2005 principles when assessing best interests; and (b) how to record your assessment, primarily in the context of health and welfare decisions. It is a companion to our guide to carrying out capacity assessments.’

Full Story

33 Essex Chambers, July 2020

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

Council to review decision-making process and reimburse mother after boy left without suitable education for second time – Local Government Lawyer

‘Norfolk County Council has agreed to review its decision-making process and internal communications in relation to its special educational needs services, and provide its People and Communities select committee with regular updates on its performance, following a critical report from the Local Government and Social Care Ombudsman.’

Full Story

Local Government Lawyer, 2nd July 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal over refusal of application for intermediary assessment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal from a case management decision in care proceedings refusing an application by a parent with a learning disability for an intermediary assessment and the appointment of an intermediary.’

Full Story

Local Government Lawyer, 22nd June 2020

Source: www.localgovernmentlawyer.co.uk

Court overturns ‘right to sex’ ruling on man who cannot understand consent – The Guardian

‘The court of appeal has overturned a controversial ruling that a man has a “fundamental right to sex” even though he cannot understand the issue of consent.’

Full Story

The Guardian, 11th June 2020

Source: www.theguardian.com

High Court judge issues mandatory order requiring council to provide urgent night-time support for disabled brothers – Local Government Lawyer

‘A local authority acted unlawfully after it failed to provide night-time care and support to two adult brothers with severe physical and learning disabilities pending a full needs reassessment, a High Court judge has ruled.’

Full Story

Local Government Lawyer, 8th June 2020

Source: www.localgovernmentlawyer.co.uk