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.’

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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.’

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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.’

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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.’

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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”.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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Local Government Lawyer, 8th June 2020

Source: www.localgovernmentlawyer.co.uk

Campaigners in legal threat over “failure to collect data on deaths of those with learning disabilities and autism during COVID-19” – Local Government Lawyer

‘Disability campaigners have sent a letter before action to five public bodies over what they say has been a failure to mandate the collection and publication of data on the deaths of people with learning disabilities and autism during the coronavirus pandemic.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Changes to the EHCP regime during Covid-19: a quick guide for parents and representatives – Monckton Chambers

‘On 1 May 2020, the entitlements of children with SEND (and their parents) in relation to the Education, Health and Care (EHC) Plan process changed. The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (the “New Regulations”) came into force. They will expire on 25 September 2020 unless extended. The New Regulations amend four existing sets of Regulations including the Special Educational Needs and Disability Regulations 2014 (the “SEND Regulations”).’

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Monckton Chambers, 12th May 2020

Source: www.monckton.com

Government legal move risks councils ‘downing tools’ on support for disabled children – Law Society’s Gazette

‘The Department for Education has taken two key steps to relieve councils of duties related to children with special educational needs (SEN) during the Covid-19 crisis.’

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Law Society's Gazette, 1st May 2020

Source: www.lawgazette.co.uk

Department for Education relaxes statutory timescales in four sets of regulations relating to SEN system – Local Government Lawyer

‘Various statutory deadlines in four sets of regulations dealing with special educational needs and disabilities, principally those that relate to EHC [Education, Health and Care] needs assessment and plan processes, will be modified with effect from tomorrow (1 May).’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Court hearings via video ‘risk unfairness for disabled people’ – The Guardian

‘Remote video trials could disadvantage people with learning disabilities, the equalities watchdog has warned, as courts switch to online hearings during the coronavirus crisis.’

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The Guardian, 22nd April 2020

Source: www.theguardian.com