‘In A (Fact-Finding), HHJ Clayton strongly criticised, and awarded costs against, a local authority and Clinical Commissioning Group after their pursuit of a fundamentally flawed approach to the best interests of P, a young man with a severe global delay, who was unable to communicate verbally.’
Doughty Street Chambers, 20th January 2020
Source: insights.doughtystreet.co.uk
‘At least 5,000 children seeking special educational needs support (Send) are to have their cases reviewed after a London council landed a stinging rebuke from the local government ombudsman. Concerns about “systemic failures” in Richmond’s Send department prompted the watchdog to take the highly unusual step of ordering the full-scale audit.’
BBC News, 17th January 2020
Source: www.bbc.co.uk
‘In R (AB) v Chief Constable of Hampshire Constabulary [2019] EWHC 3461 (Admin), the Divisional Court considered a claim on behalf of a boy with severe learning and communication disabilities, that police had failed properly to investigate what appeared to be a disclosure by him of a sexual assault during a stay at in respite care. He argued that they had wrongly proceeded to interview him despite no witness intermediary being available and had subsequently failed to re-interview him with an intermediary. He argued that this was a breach of Article 3, and unlawful disability discrimination. The Court dismissed the claim, also giving important procedural guidance.’
Police Law Blog, 17th December 2019
Source: ukpolicelawblog.com
‘More than 350 people with special needs have been detained in hospitals for more than 10 years, analysis has revealed.’
The Independent, 8th December 2019
Source: www.independent.co.uk
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.
The Guardian, 11th November 2019
Source: www.theguardian.com
‘John Roberts reports on a successful result obtained by a local authority in the Special Educational Needs Tribunal.’
Local Government Lawyer, 8th November 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 1st November 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 29th October 2019
Source: www.localgovernmentlawyer.co.uk
‘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”.’
The Guardian, 7th October 2019
Source: www.theguardian.com
‘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.’
Law Society's Gazette, 5th September 2019
Source: www.lawgazette.co.uk
‘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.’
Daily Telegraph, 4th September 2019
Source: www.telegraph.co.uk
‘A carer with learning difficulties who had sex with a “vulnerable” client should not have been working in the care industry, a court heard.’
BBC News, 20th August 2019
Source: www.bbc.co.uk
‘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.’
Local Government Lawyer, 8th August 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
The Independent, 4th August 2019
Source: www.independent.co.uk
‘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.’
Local Government Lawyer, 2nd July 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
Rights Info, 27th June 2019
Source: rightsinfo.org
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