Evidence of children and vulnerable witnesses: Part 1 – Family Law

‘This article (the first of two) considers the evidence of any witness in family proceedings where that evidence diverges from the general procedural rules (as explained below) for evidence in family proceedings.’

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Family Law, 8th December 2017

Source: www.familylaw.co.uk

Interview: Sara Ryan talks about justice for Laughing Boy – Legal Voice

Posted December 4th, 2017 in autism, disabled persons, health, human rights, inquests, learning difficulties, news by sally

‘Connor Sparrowhawk. His name has got a superhero-like ring to it. ‘Connor Sparrowhawk, the boy who…’ But the boy who what? The boy who ‘loved his family’, suggests mum, Sara Ryan. ‘The boy who loved our dog, Chunky Stan, reading Horrible Histories, watching YouTube films of lorries loading on and off cross-channel ferries, the Mighty Boosh, septic tanks, Eddie Stobart lorries and London busses.’’

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Legal Voice, 1st December 2017

Source: www.legalvoice.org.uk

UK justice system failing defendants with mental health issues – charity – The Guardian

‘Specialist prosecutors should review all decisions to charge suspects with mental health vulnerabilities and the defence of insanity should be amended, a law reform charity has said.’

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The Guardian, 27th November 2017

Source: www.theguardian.com

Ordinary Residence – Whether Duty Arose Under 21 National Assistance Act 1948 – s. 21 A Duty of Last Resort (A Pre-Care Act 2014 Case) – Garden Court Chambers

‘This case was decided on the basis of the legal regime now replaced by the Care Act 2014 (in force since 1 April 2015).’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Woman with learning disability loses legal fight to keep children – The Guardian

Posted October 3rd, 2017 in appeals, care orders, learning difficulties, news by sally

‘A woman with a “very significant” learning disability has lost the latest round of a legal fight over the care of her two children.’

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The Guardian, 2nd October 2017

Source: www.theguardian.com

Public Law Clients with Learning Disabilities – Bridging the gap – Family Law Week

‘Gillian Geddes, barrister, of Hind Court considers the correct focus for public law arguments in support of parents with learning disabilities being allowed to care for their children.’

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Family Law Week, 20th September 2017

Source: www.familylawweek.co.uk

NHS trust ‘truly sorry’ about death of teenager Connor Sparrowhawk – The Guardian

‘An NHS trust has said it is “truly sorry” about the death of a teenager with epilepsy who drowned in a bath while in its care, after it admitted failings.
Southern Health trust pleaded guilty to breaching health and safety law in the case of Connor Sparrowhawk, who had a seizure and drowned in a bath in an NHS care unit in Oxford in 2013.’

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The Guardian, 18th september 2017

Source: www.theguardian.com

Ombudsman criticises council for errors in children’s complaints handling – Local Government Lawyer

Posted September 8th, 2017 in community care, complaints, learning difficulties, local government, news, reasons by tracey

‘The Local Government and Social Care Ombudsman (LGO) has criticised a London borough after two brothers with learning difficulties saw their care and support packages reduced without their mother being told why.’

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Local Government Lawyer, 7th September 2017

Source: localgovernmentlawyer.co.uk

Court approves £10k settlement over delays in providing sex education – Local Government Lawyer

‘The Court of Protection has approved a £10,000 damages settlement plus costs to a man with Down’s Syndrome and an associated learning difficulty over delays in the provision of sex education.’

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Local Government Lawyer, 22nd August 2017

Source: www.localgovernmentlawyer.co.uk

Connor Sparrowhawk: no risk assessments before teenager’s death, tribunal finds – The Guardian

‘A senior psychiatrist failed to carry out any risk assessments on an epileptic teenager before he had a seizure and drowned in a bath, a medical tribunal has found.’

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The Guardian, 21st August 2017

Source: www.theguardian.com

UK judges rule DWP wrong to deny appeals over refused benefits – The Guardian

‘The Department for Work and Pensions has been unlawfully stopping people going to tribunal to appeal against decisions to refuse them benefits, three senior judges have ruled.’

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The Guardian, 4th August 2017

Source: www.theguardian.com

Dozens of leading charities face insolvency after Government demands back pay for night-time carers – The Independent

‘Dozens of leading charities could face insolvency within weeks after the Government ruled they must pay millions of pounds in back payments to overnight carers.’

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The Independent, 19th July 2017

Source: www.independent.co.uk

Golf firm boss jailed for manslaughter over ball collector’s lake death – The Guardian

‘A golf company director has been jailed over the manslaughter of a man with learning difficulties who drowned as he dived for lost balls in a cold, murky course lake.’

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The Guardian, 10th July 2017

Source: www.theguardian.com

Judge quashes Care Act assessment and decision to terminate placement – Local Government Lawyer

‘A Deputy High Court judge has quashed a London borough’s Care Act assessment for a man with autism spectrum disorder and severe learning difficulties.’

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Local Government Lawyer, 7th July 2017

Source: localgovernmentlawyer.co.uk

Muslim man with learning difficulties need not fast or be shaved during Ramadan – Local Government Lawyer

Posted June 16th, 2017 in Court of Protection, disabled persons, Islam, learning difficulties, news by tracey

‘A muslim man with severe learning difficulties need not observe the Ramadan fast or be shaved in accordance with religious practice, a Court of Protection judge has ruled.’

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Local Government Lawyer, 15th June 2017

Source: localgovernmentlawyer.co.uk

Law Society launches mental capacity accreditation for Court of Protection – Local Government Lawyer

‘The Law Society has launched a new mental capacity accreditation for legal representatives serving the Court of Protection.’

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Local Government Lawyer, 27th March 2017

Source: www.localgovernmentlawyer.co.uk

Mental Capacity and Deprivation of Liberty: Law Commission Report Summary – Halsbury’s Law Exchange

‘Thousands of vulnerable people with dementia and learning disabilities are being detained in hospitals and care homes without the appropriate checks, due to a law unfit for purpose according to the Law Commission.’

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Halsbury’s Law Exchange, 13th March 2017

Source: www.halsburyslawexchange.co.uk

Essex agrees payouts, review of foster care placement terminations after LGO report – Local Government Lawyer

‘Essex County Council social workers moved a vulnerable teenager from her aunt and uncle’s care without warning, and then failed to follow the statutory children’s complaints process, the Local Government Ombudsman (LGO) has said.’

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Local Government Lawyer, 15th March 2017

Source: www.localgovernmentlawyer.co.uk/

People with dementia ‘failed’ by deprivation of liberty law – BBC News

‘People with dementia and learning difficulties are being detained in care without checks due to a ‘failing’ law, the Law Commission has said.’

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BBC News, 13th March 2017

Source: www.bbc.co.uk

Two jailed for ‘brutal’ killing of man with learning difficulties – BBC News

Posted February 21st, 2017 in learning difficulties, murder, news, sentencing, video recordings by sally

‘Two men who used their phones to film themselves brutally attacking a man with learning difficulties have been jailed for his murder.’

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BBC News, 20th February 2017

Source: www.bbc.co.uk