learning difficulties – Current Awareness

Residence, care, sex and marriage: an (unusual) successful appeal on capacity – Mental Capacity Law and Policy

Posted April 23rd, 2024 in Court of Protection, learning difficulties, local government, news by sally

‘Re ZZ (Capacity) [2024] EWCOP 21 is an example of a relatively species of case, namely a successful appeal in relation to capacity. At first instance, HHJ Burrows had found that ZZ had capacity make decisions about residence, sexual relations and marriage. The local authority appealed his conclusions, the appeal being opposed by ZZ through his litigation friend the Official Solicitor.’

Mental Capacity Law and Policy, 22nd April 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Council wins Court of Protection appeal over ruling on capacity of 20-year-old man – Local Government Lawyer

Posted April 18th, 2024 in Court of Protection, learning difficulties, local government, news by sally

‘The Court of Protection has allowed an unnamed local authority’s appeal against a court decision that a 20-year-old man, ZZ, has capacity to make decisions about residence, engage in sexual relations and marriage.’

Local Government Lawyer, 18th April 2024

Source: www.localgovernmentlawyer.co.uk

Claimant fails in judicial review over SEND Review consultation and information on available remedies for tribunal in disability discrimination cases – Local Government Lawyer

Posted March 27th, 2024 in children, consultations, disability discrimination, disabled persons, education, judicial review, learning difficulties, local government, news, school children, special educational needs by sally

‘The High Court has rejected a judicial review challenge brought on behalf of a 12-year-old boy with special educational needs to one of the 22 consultation questions contained in the SEND Review, the Government’s consultation Green Paper.’

Local Government Lawyer, 26th March 2024

Source: www.localgovernmentlawyer.co.uk

Vulnerable adults and non-recognition of marriage – Local Government Lawyer

Posted March 18th, 2024 in appeals, disabled persons, jurisdiction, learning difficulties, local government, marriage, news by tracey

‘Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.’

Local Government Lawyer, 15th March 2024

Source: www.localgovernmentlawyer.co.uk

Use of intermediaries in the Family Court – Local Government Lawyer

Posted February 19th, 2024 in children, disabled persons, families, family courts, learning difficulties, local government, news by tracey

‘Louise Thomson analyses a judgment containing valuable guidance on the use of intermediaries in the Family Court.’

Local Government Lawyer, 16th February 2024

Source: www.localgovernmentlawyer.co.uk

Triangulation and flexibility: taking capacity seriously in changing circumstances – Mental Capacity Law and Policy

Posted February 14th, 2024 in Court of Protection, disabled persons, expert witnesses, learning difficulties, local government, news, pregnancy, sexual offences by sally

‘Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom the court had previously found to lack capacity in to make decisions about residence, care and contact, but to have capacity to make decisions about engaging in sexual relations, in face of strenuous arguments to the contrary from the local authority. Injunctive orders were then made against the woman’s former foster carer, suspected of sexually abusing DY; at a subsequent hearing, the court made a final order that DY had the capacity to make decisions relating to her use of contraception, having accepted a report from DY’s GP.’

Mental Capacity Law and Policy, 11th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Contact, contraception, conception and conceptual clarity: Poole J dissects a difficult question – Mental Capacity Law and Policy

Posted February 14th, 2024 in Court of Protection, disabled persons, families, learning difficulties, news, pregnancy by sally

‘Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull City Council v KF [2022] EWCOP 33, and Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44, we now have Re EE (Capacity: Contraception and Conception) [2024] EWCOP 5. The case concerned a 31 year old woman who wanted to become pregnant and have a baby; her capacity to engage in sexual relations, to decide about contact with others, and to make decisions about contraception, were all in issue and required the court’s determination.’

Mental Capacity Law and Policy, 11th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Derby City Council to pay compensation over SEND student delays – BBC News

Posted January 15th, 2024 in children, compensation, delay, disabled persons, education, families, learning difficulties, local government, news, school children, special educational needs by tracey

‘Derby City Council has been ordered to pay thousands in compensation after it took too long to arrange alternative education for a special needs student.’

BBC News, 14th January 2024

Source: www.bbc.co.uk

Sutton: Three jailed for abusing care home residents with learning disabilities – BBC News

Posted January 5th, 2024 in abuse of position of trust, assault, disabled persons, imprisonment, learning difficulties, news, professional conduct, sentencing by sally

‘Three carers have been jailed after being convicted of abusing care home residents in south London.’

BBC News, 4th January 2024

Source: www.bbc.co.uk

My heart breaks – solitary confinement in hospital has no therapeutic benefit for people with a learning disability and autistic people – Mental Capacity Law and Policy

Posted November 9th, 2023 in autism, children, detention, disabled persons, government departments, hospitals, learning difficulties, news by sally

‘Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme for people with a learning disability and autistic people in inpatient settings. In fact the final report was completed in July 2023, but was not published until 8 November 2023, alongside the Government’s responses.’

Mental Capacity Law and Policy, 9th November 2023

Source: www.mentalcapacitylawandpolicy.org.uk

End solitary confinement for children and limit it for adults, review demands – The Independent

Posted November 9th, 2023 in autism, children, detention, disabled persons, government departments, hospitals, learning difficulties, news by sally

‘Autistic children and those with a learning disability should never be subjected to long-term segregation in hospital – and its use should be “severely curtailed” for adults, a review has recommended.’

The Independent, 8th November 2023

Source: www.independent.co.uk

Abused care home resident secures ‘landmark’ settlement of legal claim – The Independent

Posted November 2nd, 2023 in care homes, damages, disabled persons, government departments, human rights, learning difficulties, news by sally

‘A vulnerable former care home resident has secured the High Court’s approval of a “landmark” settlement of his legal claim over the abuse he suffered at the hands of staff.’

The Independent, 1st November 2023

Source: www.independent.co.uk

Review into 50-year-old laws on social care for disabled children – Law Commission

Posted October 20th, 2023 in children, disabled persons, Law Commission, learning difficulties, news, social services, special educational needs, statute law revision by tracey

‘Law Commission aims to simplify and strengthen the law, allowing children with disabilities to access the support they need. The review will ensure the law is fair, modern and accessible, works for parents, care givers and local authorities.’

Law Commission, 17th October 2023

Source: www.lawcom.gov.uk

‘I could have had a job and kids’: Oliver Campbell hopes for justice 30 years after murder charge – The Guardian

Posted October 2nd, 2023 in appeals, learning difficulties, miscarriage of justice, murder, news by sally

‘In 1991 Campbell, who has a mental impairment, received a life sentence for a crime he says he did not commit.’

The Guardian, 2nd October 2023

Source: www.theguardian.com

Councils accused of “wasting” £60m in a year on tribunal battles over support for children with special educational needs – Local Government Lawyer

Posted September 27th, 2023 in children, disabled persons, education, learning difficulties, local government, news, school children, special educational needs, statistics, tribunals by sally

‘Councils wasted £60 million in a year on “unsuccessful court disputes” with parents and carers seeking support for children and young people with special educational needs and disabilities (SEND), according to research by Pro Bono Economics, commissioned by the Disabled Children’s Partnership.’

Local Government Lawyer, 27th September 2023

Source: www.localgovernmentlawyer.co.uk

Councils ‘wasting millions’ on special educational needs legal disputes – The Independent

Posted September 27th, 2023 in children, disabled persons, education, learning difficulties, local government, news, school children, special educational needs, statistics, tribunals by sally

‘Councils in England have been accused of “wasting” millions of pounds in court disputes with parents and carers over disability and educational support for their children.’

The Independent, 26th September 2023

Source: www.independent.co.uk

Hospital watchdog takes action against NHS trust over patient safety concerns – The Independent

Posted September 22nd, 2023 in autism, health & safety, hospitals, learning difficulties, news, ombudsmen by tracey

‘Hospital regulators have taken enforcement action against an NHS trust after patients were found to have ingested batteries and screws amidst a catalogue of failings. The Care Quality Commission (CQC) upheld its “inadequate” rating of Brooklands hospital in Birmingham – which specialises in care for adults with autism and learning disabilities – after an inspection in March.’

The Independent, 22nd September 2023

Source: www.independent.co.uk

Forced marriage and the inherent jurisdiction – Local Government Lawyer

Posted September 15th, 2023 in appeals, Court of Protection, families, family courts, forced marriages, foreign jurisdictions, jurisdiction, learning difficulties, local government, marriage, married persons, news by tracey

‘The Court of Appeal recently considered the use of the inherent jurisdiction in a forced marriage case. Rhys Hadden analyses the ruling.’

Local Government Lawyer, 15th September 2023

Source: www.localgovernmentlawyer.co.uk

Administrative Justice Council makes recommendations on improving local authority SEND decisions – Local Government Lawyer

Posted August 21st, 2023 in children, complaints, disabled persons, education, learning difficulties, local government, news, special educational needs, young persons by tracey

‘The Administrative Justice Council (AJC) has set out recommendations to improve the quality of local authority decision-making for children and young people with special educational needs and disabilities (SEND).’

Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk

Court of Protection judge hands down ruling on capacity amid “some unhelpful differences of approach to the diagnosis of Learning Disability amongst healthcare professionals” –

Posted August 2nd, 2023 in care homes, child abuse, children, expert witnesses, indecent photographs of children, internet, learning difficulties, news, sexual offences by sally

‘A Court of Protection judge has determined that a man lacks capacity to make decisions about where he lives, his care, and his use of the internet and social media.’

Local Government Lawyer, 1st August 2023

Source: www.localgovernmentlawyer.co.uk

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