Disabled people ‘treated like second-class citizens’ – watchdog – BBC News
‘People with disabilities are being treated like second class citizens, the UK’s equality watchdog has said.’
BBC News, 19th July 2016
Source: www.bbc.co.uk
Category: disability discrimination
Why are the police failing too many victims of disability hate crime? – The Guardian
‘Daniel Smith, an autistic man, was charged with assault by police after an alleged attack on him. His is not an isolated case.’
The Guardian, 29th June 2016
Source: www.guardian.co.uk
Supreme Court to hear ‘wheelchair vs buggy’ bus case – BBC News
‘A case that will determine whether bus companies should make people with pushchairs and others move from buses’ disabled spaces will be heard at the Supreme Court later.’
BBC News, 15th June 2016
Source: www.bbc.co.uk
Academy trust faces legal challenge over treatment of disabled pupils – The Guardian
‘Parents of children with special educational needs and disabilities are taking legal action against an academy trust for proposing to bus their children from a well-performing school to a worse alternative because of limited resources.’
The Guardian, 2nd June 2016
Source: www.guardian.co.uk
Allocation schemes and unlawful discrimination – LAG Housing Law
‘Sam Madge-Wyld looks at challenges to housing allocation schemes.’
LAG Housing Law, 26th April 2016
Source: www.laghousinglaw.com
You’ve lost that loving Ealing (Sorry) – Nearly Legal
‘Ealing’s allocation policy has already had lawfulness problems, compounded by Ealing’s unlawful refusal to do anything about that unlawfulness. But this judicial review of the policy was on a different basis and confirms a whole fresh ground of unlawfulness.’
Nearly Legal, 27th April 2016
Source: www.nearlylegal.co.uk
Jonas Gutierrez wins discrimination case against Newcastle United – with Alan Pardew criticised – Daily Telegraph
‘Newcastle United’s catastrophic season has suffered another humiliating defeat after Jonas Gutierrez won his discrimination case against the club following a battle with cancer.’
Daily Telegraph, 14th April 2016
Source: www.telegraph.co.uk
Equality claims and health regulators – Availability of JR does not oust jurisdiction of ET – UK Human Rights Blog
‘Michalak v The General Medical Council & Ors [2016] EWCA Civ 172: This important case deals with the remedies available to individuals who claim to have suffered from discrimination, victimization, harassment or detriment in the treatment they have received from a “qualifications body” under s.53 of the Equality Act 2010 viz. any authority or body which can confer a relevant qualification (e.g. the GMC, ACCA etc.). It also clarifies the understanding of the place of judicial review in the context of internal and statutory appeals in cases of alleged discrimination contrary to the Equality Act 2010.’
UK Human Rights Blog, 11th April 2016
Source: www.ukhumanrightsblog.com
Jonas Gutiérrez claims he was ‘frozen out’ by Newcastle after cancer diagnosis – The Guardian
‘The former Newcastle United midfielder Jonas Gutiérrez has launched a £2m disability discrimination claim against the club, saying he was dropped as a result of his year-long battle with testicular cancer.’
The Guardian, 22nd March 2016
Source: www.guardian.co.uk
Serial killer Joanne Dennehy demands compensation for solitary confinement – Daily Telegraph
‘Lawyers are using the European Convention on Human Rights in support of the triple murderer.’
Daily Telegraph, 13th March 2016
Source: www.telegraph.co.uk
Disabled people challenge bedroom tax at supreme court – The Guardian
‘The supreme court is to hear a legal challenge against the government’s bedroom tax from five people who argue it discriminates against the weak and vulnerable.’
The Guardian, 29th February 2016
Source: www.guardian.co.uk
Bedroom tax challenge success – UK Human Rights Blog
‘The Court of Appeal has given its judgment in a conjoined appeal of two of the latest challenges to the bedroom tax/removal of spare room subsidy (delete as you see fit), holding that it was unlawfully discriminatory in its application to 1.A female victim of serious domestic violence living in a home significantly adapted (including the provision of a “safe room”) to ensure her safety in the face of threats from her former partner; and 2. A severely disabled 15 year old boy cared for by his grandmother and her partner, who required a carer to stay in their home two nights per week.’
UK Human Rights Blog, 2nd February 2016
Source: www.ukhumanrightsblog.com
Man sentenced to six weeks imprisonment for harassing victim because of disability – CPS News Brief
‘A 25 year old man who used social media to harass a man because of his disability has been sentenced to six weeks imprisonment.’
CPS News Brief, 27th January 2016
Source: http://blog.cps.gov.uk
Appeal court rules bedroom tax discriminatory in two cases – The Guardian
‘A victim of domestic violence and the grandparents of a severely disabled teenager have won court of appeal challenges over the lawfulness of the bedroom tax.’
The Guardian, 27th January 2016
Source: www.guardian.co.uk
Whistleblower judge: austerity policies have made courts dangerous – The Guardian
‘A district judge who is suing the Ministry of Justice after whistleblowing her complaints about courtroom dangers – death threats, violent claimants and hostage-taking – has spoken out for the first time about her experience of an under-resourced justice system.’
The Guardian, 23rd January 2016
Source: www.guardian.co.uk
Disabled workers can’t afford justice to deal with workplace harassment – The Guardian
‘Since the government introduced fees for employment tribunals, together with legal aid cuts, disabled people have increasingly been unable to have their cases heard.’
The Guardian, 6th January 2016
Source: www.guardian.co.uk
Mortgage possession and disability discrimination – Nearly Legal
‘This is county court case, but a very interesting one on the issue of disability discrimination in mortgage possession proceedings.’
Nearly Legal, 3rd January 2016
Source: www.nearlylegal.co.uk
Austerity and Public Law: Alexander Latham: Defending Rights in the Face of Austerity: Is the Supreme Court Calling Time on Social Housing Managerialism? – UK Constitutional Law Association
‘In cases involving social housing, English courts have traditionally taken what we might call a “managerial” approach: their starting-point for analysis has not been the tenant or applicant for housing as a rights-holder, but the need of local authorities to distribute their scarce resources effectively. In Burrows v Brent LBC [1996] 1 WLR 1448, for example, where a tenant who was permitted to remain after a possession order was held not to have been impliedly granted a new tenancy, Lord Browne-Wilkinson said that “housing authorities try to conduct their housing functions as humane and reasonable landlords” (at 1455). The tenant might be forgiven for wondering why this should count against him, but clearly the implication is that as ‘humane and reasonable landlords’ local authorities should be left to manage their housing stock with as little interference from the courts as possible. More recently this attitude led to the courts’ extreme reluctance to enable a public sector tenant to rely on article 8 ECHR in possession proceedings. When the Supreme Court finally acceded to pressure from Strasbourg, it nevertheless drew the teeth from the human rights defence by agreeing with the Secretary of State’s submission that “a local authority’s aim in wanting possession should be a ‘given’ ” (Manchester CC v Pinnock [2011] UKSC 6, per Lord Neuberger at [53]), so that “there will be no need, in the overwhelming majority of cases, for the local authority to explain and justify its reasons for seeking a possession order” (Hounslow LBC v Powell [2011] UKSC 8, per Lord Hope at [37]). The local authority is simply assumed to be acting in a way which benefits the general welfare; this assumption is then taken to justify the effect of its actions on individuals in all but the most extreme of cases.’
UK Constitutional Law Association, 9th December 2015
Source: www.ukconstitutionallaw.org
High Court finds council policy on disability living allowance and DHPs “unlawful” – Local Government Lawyer
‘ local authority’s policy of taking into account the care component of disability living allowance when assessing the amount of a discretionary house payment (DHPs) was unlawful, a High Court judge has ruled.’
Local Government Lawyer, 31st March 2015
Source: www.localgovernmentlawyer.co.uk
