‘Alex Ruck Keene KC (Hon) examines a recent High Court case concerning the Mental Health Act, “detainability,” and judicial scrutiny (and the real underlying problems of children with complex needs).’
Local Government Lawyer, 13th December 2024
Source: www.localgovernmentlawyer.co.uk
‘The children’s commissioner for England has called for an urgent review of the use of restraint and “calming rooms” after leaked CCTV footage showed autistic children being pushed into a padded space where they were left distressed, self-harming and sitting in vomit.’
The Guardian, 27th November 2024
Source: www.theguardian.com
‘A High Court judge has rejected a local authority’s application for a declaration from the court that because a vulnerable young person was detainable under the provisions of the Mental Health Act 1983, the court did not have jurisdiction to grant a Deprivation of Liberty (DoL) order pursuant to the inherent jurisdiction.’
Local Government Lawyer, 25th November 2024
Source: www.localgovernmentlawyer.co.uk
‘Despite Alex Henry running from the scene and being diagnosed with autism, he remains behind bars.’
The Independent, 23rd November 2024
Source: www.independent.co.uk
‘A Bradford man has been cleared of a charge of encouraging the suicide of a 14-year-old girl who took her own life in the Netherlands.’
BBC News, 19th November 2024
Source: www.bbc.co.uk
‘The Court of Appeal has rejected a father’s appeal against care and placement orders made in respect of his daughter, finding that while his subsequent diagnosis of autistic spectrum disorder (ASD) may have had a “bearing” on some of the risks identified in the case, the majority and the most serious identified risks were not linked to ASD.’
Local Government Lawyer, 18th November 2024
Source: www.localgovernmentlawyer.co.uk
‘A coroner has said “facilities were simply not available in the community” to prevent the death of a man with severe mental health conditions who had been “in crisis for several months”.’
BBC News, 28th October 2024
Source: www.bbc.co.uk
‘Jo Moseley considers the lessons schools and colleges can learn from a recent tribunal decision which involved an autistic teacher who was dismissed after making a number of complaints about various aspects of his employment over a three year period.’
Local Government Lawyer, 23rd October 2024
Source: www.localgovernmentlawyer.co.uk
‘A serial litigant accused of pursuing unrealistic job applications to then bring discrimination claims has been allowed to pursue his latest action.’
Law Society's Gazette, 23rd September 2024
Source: www.lawgazette.co.uk
‘Doctor who feared having to leave UK after visa blow wins Home Office U-turn.’
The Guardian, 16th September 2024
Source: www.theguardian.com
‘An experienced and highly regarded doctor who is working at a GP surgery in east London says he has no choice but to walk away from his job because the Home Office is separating him from his wife and autistic daughter.’
The Guardian, 16th September 2024
Source: www.theguardian.com
‘The Local Government and Social Care Ombudsman (LGSCO) has found fault in the actions of Devon County Council after it left a teenager with needs including Autism and ADHD less than a week away from being made homeless because the council had not decided where he should live when he became 18.’
Local Government Lawyer, 22nd August 2024
Source: www.localgovernmentlawyer.co.uk
‘The Upper Tribunal has allowed an appeal made by the parents of a 7-year-old boy with autism, finding that a decision by the First-tier tribunal did not take the child’s negative feelings about the local authority preferred school into account, which was an error of law.’
Local Government Lawyer, 2nd August 2024
Source: www.localgovernmentlawyer.co.uk
‘The EAT handed down its judgment in the case of Godfrey v Natwest Markets plc [2024] EAT 81 on 24 May 2024.’
Parklane Plowden Chambers, 27th June 2024
Source: www.parklaneplowden.co.uk
‘When is it in the best interests of an adult without capacity to be separated from her mother and covertly administered medication? A recent decision at the Court of Protection provides some guidance.’
Legal Futures, 5th July 2024
Source: www.localgovernmentlawyer.co.uk
‘In 2023, the York Disability Rights Forum announced their intention to bring judicial review proceedings against the Humber and North Yorkshire Integrated Care Board on the basis that its adult autism and ADHD assessment pilot pathway was unlawful. The pilot had been introduced in March 2023 in response to increasing numbers of adults seeking an assessment, a growing waiting list, and an existing system which could not keep up. Effectively, the pilot introduced narrowed eligibility criteria so that only adults who were considered ‘at-risk’ were added to the waiting list for an assessment. All other adults could be placed on another waiting list with no end date, and no guarantee of an assessment. The York Disability Rights Forum says that this pilot restricts the rights of neurodivergent people from gaining diagnosis, and may violate the right to family and private life protected under Article 8 of the European Convention of Human Rights.’
Essex CAJI, 2nd July 2024
Source: essexcaji.org
‘Abby Buttle reports on a successful appeal to the Upper Tribunal on the test for ceasing to maintain an Education, Health and Care Plan (EHCP).’
Local Government Lawyer, 28th June 2024
Source: www.localgovernmentlawyer.co.uk
‘An Upper Tribunal judge has ruled that the First-tier Tribunal “erred in law” by failing to recognise that a young person lacked capacity to litigate and consequently his mother should have been appointed as his alternative person.’
Local Government Lawyer, 28th June 2024
Source: www.localgovernmentlawyer.co.uk
‘A senior staff member at an independent school for children with special educational needs has been recorded by BBC Panorama saying how he wanted to drown a pupil in a bath “like a kitten”.
An undercover reporter spent almost seven weeks at Life Wirral in Wallasey and witnessed staff using offensive language to mock pupils for their neurodiversity or learning disabilities, as well as manhandling them into dangerous headlocks.’
BBC news, 17th June 2024
Source: www.bbc.co.uk
‘The First Tier Tribunal “materially erred in law” in its determination of reasonable adjustments claims brought by parents in relation to their daughter.’
Local Government Lawyer, 7th June 2024
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2024