Council to keep day centre open after user brings legal proceedings – Local Government Lawyer

Posted December 18th, 2018 in consent orders, learning difficulties, local government, news by sally

‘Birmingham City Council has decided to keep a day centre for vulnerable adults open, after campaigners had threatened legal action over an earlier decision to close the facility.’

Full Story

Local Government Lawyer, 17th December 2018

Source: www.localgovernmentlawyer.co.uk

High Court to scrutinise restrictions on areas where P has capacity – Doughty Street Chambers

Posted December 11th, 2018 in autism, consent, Court of Protection, families, learning difficulties, news by sally

‘Mr Justice Hayden has handed down a judgment concerning LC, a young woman with autism and significant learning disabilities. During the course of proceedings which had lasted five years LC was assessed as having capacity to consent to sexual relations, marry, and make decisions about contraception; but to lack the capacity to make other decisions such as to conduct the proceedings, make decisions about her residence and about her contact with men. As a facet of LC’s autism she was preoccupied with seeking out sexual encounters and a care plan was formulated which permitted LC to have unsupervised contact with others. As the judge observed with “the enormous benefit of hindsight” this led to LC’s safety and dignity being compromised and placed an intolerable burden on those supervising her. The plan attracted significant public criticism. LC now resides in a care home but is able to spend time with her husband. In a sensitive judgment Hayden J endorsed LC’s treatment plan and directed a report from a female clinical psychologist, noting the obligation under the Mental Capacity Act to take steps to promote decision making capacity.’

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Doughty Street Chambers, 6th November 2018

Source: insights.doughtystreet.co.uk

A tendency to physical abuse: Upper Tribunal clarifies scope of Equality Act in education context — Katie Ayres – UK Human Rights Blog

‘The Upper Tribunal decision in of C&C v Governing Body [2018] UKUT 269 (AAC) has provided important clarification to the scope of the Equality Act 2010 in an education context.’

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UK Human Rights Blog, 26th November 2018

Source: ukhumanrightsblog.com

Orkambi: Family of girl with cystic fibrosis launch legal challenge over lack of NHS funding for breakthrough drug – The Independent

‘The family of a six-year-old girl with cystic fibrosis who was denied funding for a breakthrough drug which could extend her life has launched a judicial review against the NHS.’

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The Independent, 14th November 2018

Source: www.independent.co.uk

Minister Orders Urgent Investigation Into Autistic And Learning Disabled Patients Being Locked Up – Rights Info

‘The Health Secretary has ordered a review into the use of seclusion and segregation in the care of people with learning disabilities and autism in secure hospitals.’

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Rights Info, 5th November 2018

Source: rightsinfo.org

City council faces judicial review challenge over day centre closure – Local Government Lawyer

‘Campaigners have launched a judicial review challenge over a decision by Birmingham City Council to close a day centre used by people with a range of physical and learning disabilities.’

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Local Government Lawyer, 1st November 2018

Source: www.localgovernmentlawyer.co.uk

Welsh policy on FE provision for young people with learning difficulties “lawful” – Local Government Lawyer

‘Welsh ministers and the quango Careers Wales did not act unreasonably when they decided not to reassess the educational and training needs of a young man with a learning disability, a High Court judge has ruled.’

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Local Government Lawyer, 25th October 2018

Source: www.localgovernmentlawyer.co.uk

Inquest finds failings in treatment of man who died after care home fall – The Guardian

Posted October 22nd, 2018 in care homes, inquests, learning difficulties, news by sally

‘There were failings in the care and treatment given to a man with severe learning difficulties who broke his neck in a fall at a residential home, an inquest jury has concluded.’

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The Guardian, 19th October 2018

Source: www.theguardian.com

Supreme Court to hear case on deprivations of liberty, community treatment orders – Local Government Lawyer

‘The Supreme Court will next week consider whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be “implied”.’

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Local Government Lawyer, 18th October 2018

Source: www.localgovernmentlawyer.co.uk

Woman with learning difficulties not told she had contraceptive device covertly fitted – Daily Telegraph

‘A young woman with learning difficulties should not be told she was covertly fitted with a contraceptive device as it would ruin her trust in her carers, a court has ruled.’

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Daily Telegraph, 18th October 2018

Source: www.telegraph.co.uk

Reporting restrictions on Bethany’s dad – children’s rights or concealing system failure? – Transparency Project

‘On Saturday, the Times reported: ‘Father beats legal bid to silence him over autistic girl in hospital “cell” ‘ [paywall]. Social affairs editor, Greg Hirst, reported that Jeremy (who is not using his surname publicly) succeeded in contesting an application by Walsall Metropolitan County Borough Council for an injunction to stop his social media campaign that is drawing attention to the plight of his 17-year-old-daughter.’

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Transparency Project, 16th October 2018

Source: www.transparencyproject.org.uk

What does the Proposal to Introduce Trial-by-Video Link Mean for Justice? – Rights Info

‘The government’s plans for court modernisation, under Her Majesty’s Courts, Tribunals Service Reform Programme (HMCTS), include the development of fully-video hearings, where all parties join via electronic links and no one is in a courtroom.’

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Rights Info, 9th October 2018

Source: rightsinfo.org

Parents head to High Court over special needs cuts – BBC News

Posted October 2nd, 2018 in education, learning difficulties, news, special educational needs by sally

‘Sarah Jones is one of four mothers from Surrey taking a case to the High Court to challenge cuts to services for their five children with disabilities.’

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BBC News, 2nd October 2018

Source: www.bbc.co.uk

New law to protect people with dementia and learning disabilities announced – Law Commission

‘Thousands of vulnerable people with dementia and learning disabilities will be given better protection by a new law announced today by the Government. The new Mental Capacity (Amendment) Bill, based on Law Commission recommendations, brings in extra protections for those who lack the mental capacity to make decisions about their care.’

Full press release

Law Commission, 3rd July 2018

Source: www.lawcom.gov.uk

Ombudsman raps council over cuts to support given to man with special needs – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has criticised the London Borough of Bromley after it significantly reduced the support package provided to a man with special needs.’

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Local Government Lawyer, 30th May 2018

Source: www.localgovernmentlawyer.co.uk

Seven years on from Winterbourne View, why has nothing changed? – The Guardian

Posted May 30th, 2018 in care homes, duty of care, learning difficulties, news by sally

‘This week is the seventh anniversary of BBC Panorama’s exposure of the systematic abuse of people with learning disabilities at Winterbourne View hospital in Gloucestershire.’

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The Guardian, 30th May 2018

Source: www.theguardian.com

Government to legislate for replacement of Deprivation of Liberty Safeguards – Local Government Lawyer

‘The government has said this month that it broadly agrees with the Liberty Protection Safeguards model proposed by the Law Commission to replace the Deprivation of Liberty Safeguards.’

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Local Government Lawyer, 21st March 2018

Source: www.localgovernmentlawyer.co.uk

Government commits to protect people with dementia and learning difficulties – Law Commission

Posted March 16th, 2018 in elderly, learning difficulties, mental health, press releases by tracey

‘The government has said it will bring forward legislation to provide greater protection for some of the most vulnerable people in our society. In a Written Ministerial Statement Health Minister Caroline Dinenage said the government broadly agreed with the Liberty Protection Safeguards model proposed by the Law Commission in 2017 and would legislate “when parliamentary time allows”.’

Full press release

Law Commission, 15th March 2018

Source: www.lawcom.gov.uk/

Psychiatrist suspended for 12 months after man drowned in epileptic fit – The Guardian

‘A senior psychiatrist has been suspended for 12 months following the death of a vulnerable teenager who suffered an epileptic fit and drowned in a bath at an NHS care unit.’

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The Guardian, 21st February 2018

Source: www.theguardian.com

Kisses and cuddles not enough… – Transparency Project

Posted January 23rd, 2018 in adoption, judgments, learning difficulties, news by sally

‘The BBC recently reported that two children were to be adopted ‘as kisses and cuddles [were] not enough‘.’

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Transparency Project, 20th January 2018

Source: www.transparencyproject.org.uk