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MoJ data suggests 95% of SEN tribunal cases lost, withdrawn or conceded by local authorities, claims charity – Local Government Lawyer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

Private school forced to re-admit ‘aggressive’ pupil after parents claim their son was discriminated against – Daily Telegraph

‘A private school has been forced to re-admit an “aggressive” pupil after his parents took legal action, claiming that their son had been discriminated against.’

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Daily Telegraph, 4th September 2019

Source: www.telegraph.co.uk

Giving birth and the Court of Protection – Transparency Project

Posted September 3rd, 2019 in birth, consent, Court of Protection, health, learning difficulties, news, pregnancy by sally

‘Every year, there are a handful of applications to the Court of Protection to authorise delivery a baby by caesarean section against the wishes of the mother, or where the mother is unable to express a preference due to significant mental impairment. Since the case of FG in 2014 (NHS Trust & Ors v FG [2014] EWCOP 30), the guidance given to medical practitioners has been that a court application is required where a c-section is proposed but the merits are finely balanced or will involve more than transient forcible restraint; where there is a serious dispute about the patient’s best interests; or where there is a real risk that the proposed treatment constitutes a deprivation of the patient’s liberty.’

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Transparency Project, 2nd September 2019

Source: www.transparencyproject.org.uk

Carer sentenced for having sex with ‘vulnerable’ client – BBC News

‘A carer with learning difficulties who had sex with a “vulnerable” client should not have been working in the care industry, a court heard.’

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BBC News, 20th August 2019

Source: www.bbc.co.uk

Court of Appeal rejects claim over failure to reassess educational needs of 22-year-old disabled man – Local Government Lawyer

‘The Court of Appeal has upheld a High Court ruling that 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.’

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Local Government Lawyer, 8th August 2019

Source: www.localgovernmentlawyer.co.uk

Children in prison twice as likely to have special needs, figures show – The Independent

‘Children in prison are twice as likely to have special educational needs as those in the general population, new figures reveal, prompting concern that vulnerable teenagers are being let down by mainstream services.’

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The Independent, 4th August 2019

Source: www.independent.co.uk

Capacity to consent to sexual relations: obscurity illuminated? – Transparency Project

‘The intimate life of a woman, who is known to the public only by the initials NB, is the subject of a case in the Court of Protection which attracted headlines earlier this year. A further judgment has recently been published, following an interim judgment published in May.’

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Transparency Project, 23rd July 2019

Source: www.transparencyproject.org.uk

Re AB: Termination of pregnancy – Law & Religion UK

Posted July 15th, 2019 in abortion, consent, Court of Protection, learning difficulties, news by tracey

‘Re AB [2019] EWCOP 26, [2019] EWCA Civ 1215[1]. The recent case of Re AB has been widely reported. In it, Lieven J held in the Court of Protection that an NHS Trust was permitted to perform an abortion on a 24-year-old woman. The Court of Appeal overturned that decision. The case created headlines around the world, shining a spotlight on the work of the Court of Protection and the difficult decisions that it has to make on a daily basis.’

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Law & Religion UK, 15th July 2019

Source: www.lawandreligionuk.com

Court of Protection issues ruling in test case on appointment of personal welfare deputies – Local Government Lawyer

‘A Court of Protection judge has clarified the circumstances in which family members may become personal welfare deputies for people aged over 18, calling for the Code of Practice under the Mental Capacity Act 2005 to be redrafted.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

‘Councils Cannot Blame Funding For Special Educational Needs Failures’, High Court Told – Rights Info

‘A lack of funding gives councils “no excuse” for failing to meet their legal duty to children with special educational needs and disabilities (SEND), a court has heard.’

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Rights Info, 27th June 2019

Source: rightsinfo.org

‘Lack Of Special Educational Needs Funding Breaches Children’s Human Rights’, Court Will Hear – Rights Info

‘The government is “leaving thousands of children in limbo” and breaching their human rights by underfunding education for those with special educational needs and disabilities (SEND), a court will hear.’

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Rights Info, 26th June 2019

Source: rightsinfo.org

Appeal court overturns forced abortion ruling – The Guardian

Posted June 25th, 2019 in abortion, appeals, consent, learning difficulties, news by sally

‘A court ruling that a woman with learning disabilities must have an abortion against her wishes has been overturned on appeal.’

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The Guardian, 24th June 2019

Source: www.theguardian.com

Father and son sentenced in slavery case – Crown Prosecution Service

‘A father and son who ran a scrap metal business have been jailed for a total of 21 years for repeatedly assaulting a vulnerable man being forced to work for them..’

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Crown Prosecution Service, 14th June 2019

Source: www.cps.gov.uk

Report: evidence of Huddersfield grooming ring not followed up – The Guardian

‘Opportunities were lost to tackle one of Britain’s largest grooming rings when information about two vulnerable girls being sexually exploited was not followed up, a review has found.’

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The Guardian, 10th June 2019

Source: www.theguardian.com