Father fails in appeal in childcare case over subsequent diagnosis of autism – Local Government Lawyer

Posted November 19th, 2024 in appeals, autism, care orders, news, placement orders by sally

‘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.’

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Local Government Lawyer, 18th November 2024

Source: www.localgovernmentlawyer.co.uk

‘No facilities available to prevent death’ – coroner – BBC News

Posted October 29th, 2024 in autism, inquests, learning difficulties, mental health, news by sally

‘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”.’

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BBC News, 28th October 2024

Source: www.bbc.co.uk

The price of discrimination: school ordered to pay £850,000 to an autistic teacher who it viewed as a ‘persistent complainer’ – Local Government Lawyer

‘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.’

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Local Government Lawyer, 23rd October 2024

Source: www.localgovernmentlawyer.co.uk

Serial litigant’s history does not make claim vexatious, rules tribunal – Law Society’s Gazette

‘A serial litigant accused of pursuing unrealistic job applications to then bring discrimination claims has been allowed to pursue his latest action.’

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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

Posted September 17th, 2024 in autism, doctors, families, government departments, immigration, news, visas by sally

‘Doctor who feared having to leave UK after visa blow wins Home Office U-turn.’

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The Guardian, 16th September 2024

Source: www.theguardian.com

Valued GP ‘will be forced to leave UK’ after autistic daughter refused visa – The Guardian

Posted September 16th, 2024 in autism, doctors, families, immigration, news, visas by sally

‘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.’

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The Guardian, 16th September 2024

Source: www.theguardian.com

Teenager with significant support needs left days from homelessness due to ‘unfathomable’ council failings: Ombudsman – Local Government Lawyer

‘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.’

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Local Government Lawyer, 22nd August 2024

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal allows appeal as it could not be inferred First TierTribunal had considered child’s view about appropriateness of local authority’s preferred school – Local Government Lawyer

‘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.’

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Local Government Lawyer, 2nd August 2024

Source: www.localgovernmentlawyer.co.uk

Constructive Knowledge of Neurodiversity – A Reminder of the Correct Test to be Applied – Parklane Plowden Chambers

‘The EAT handed down its judgment in the case of Godfrey v Natwest Markets plc [2024] EAT 81 on 24 May 2024.’

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Parklane Plowden Chambers, 27th June 2024

Source: www.parklaneplowden.co.uk

A delicate balance – Local Government Lawyer

‘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.’

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Legal Futures, 5th July 2024

Source: www.localgovernmentlawyer.co.uk

Naoise Coakley: “You could be waiting forever”: Managing Autism Assessment Waiting Lists – Essex CAJI

‘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.’

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Essex CAJI, 2nd July 2024

Source: essexcaji.org

The test for ceasing to maintain an EHCP – Local Government Lawyer

‘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).’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

Tribunal “erred in law” by failing to recognise young person lacked capacity to litigate and failing to appoint his mother as alternative person – Local Government Lawyer

‘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.’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

Pupils mocked and put in headlocks by school staff – BBC News

‘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.’

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BBC news, 17th June 2024

Source: www.bbc.co.uk

Parents win fresh hearing of claim of failure to make reasonable adjustments to delivery of curriculum – Local Government Lawyer

‘The First Tier Tribunal “materially erred in law” in its determination of reasonable adjustments claims brought by parents in relation to their daughter.’

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Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Neurodiversity in academic misconduct: considerations for accessibility, equity and inclusion – Kingsley Napley Regulatory Blog

‘As artificial intelligence technologies (“AI”) progress, universities face heightened pressure to detect and address academic dishonesty, including plagiarism and collusion. Receiving an allegation of academic misconduct is a difficult experience for any student, but for neurodivergent students, this process can add layers of complexity and emotional strain.’

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Kingsley Napley Regulatory Blog, 20th May 2024

Source: www.kingsleynapley.co.uk

Greater support for neurodivergent offenders in bid to cut crime – Ministry of Justice

‘Staff dedicated to helping neurodivergent offenders are now in place in all public prisons in England and Wales.’

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Ministry of Justice, 16th May 2024

Source: www.gov.uk

Diverse minds, Diverse decisions: How is neurodiversity considered in the Family Justice System? – Kingsley Napley Family Law Blog

Posted May 9th, 2024 in autism, children, families, family courts, news by sally

‘Amidst the growing awareness and understanding of neurodiversity in the UK, there has been a notable surge in adults and children being diagnosed with conditions like autism and attention deficit/hyperactivity disorder (ADHD) in particular. It is estimated that around 1 in 7 people in the UK are neurodivergent. This cultural shift has left parents and families navigating the family justice system increasingly curious about how their, their spouse or their child’s neurodiversity will factor into the court’s decision-making process. This blog will address if and how the family justice system accounts for a parent or child’s neurodiversity in children proceedings and financial remedy proceedings.’

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Kingsley Napley Family Law Blog, 8th May 2024

Source: www.kingsleynapley.co.uk

Neurodivergent lawyers let down across legal sector, finds survey – Law Society’s Gazette

‘More than three-quarters of neurodivergent lawyers have not disclosed their condition to employers to avoid discrimination, a survey has found.’

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Law Society's Gazette, 3rd May 2024

Source: www.lawgazette.co.uk

Family lawyers join forces to support neurodivergent community – Law Society’s Gazette

‘Family lawyers from different firms and chambers have joined forces to set up a specialist group dedicated to ensuring the neurodivergent community has equal access to justice.’

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Law Society's Gazette, 3rd April 2024

Source: www.lawgazette.co.uk