NHS trust to pay “significant” damages following detention of man with learning disabilities for almost a year – Local Government Lawyer

‘The High Court has approved the settlement of a civil claim brought by a man with learning disabilities and autism, who was detained for a period of 340 days as there was no safe alternative accommodation available.’

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Local Government Lawyer, 27th March 2025

Source: www.localgovernmentlawyer.co.uk

The Upper Tribunal gives guidance on the burden of proof in s.15 disability discrimination claims – 3PB

‘The Upper Tribunal has once again taken the First Tier Tribunal firmly by the shoulders and given it a thorough lesson in how to handle Equality Act 2010 claims properly.’

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3PB, 12th March 2025

Source: www.3pb.co.uk

Reasonable accommodation for disabled university students: University of Bristol v Dr Robert Abrahart [2024] EWHC 299 (KB) – Legal Studies

‘Natasha Abrahart was a physics student at the University of Bristol. She was suffering from depression and social anxiety disorder, which seriously impacted her ability to partake in oral assessments. Eventually, Natasha sadly took her own life. Her father, Dr Robert Abrahart, as personal representative and estate administrator, sued the University of Bristol for negligence and breach of sections 15, 19 and 20 of the Equality Act 2010, read with section 91(2)(a) and/or (f) of the same Act. Under such provisions, universities have a duty to provide reasonable adjustments and support, in educational provision and assessments, to disabled students, defined by section 6(1) of the Equality Act 2010 as ‘a physical or mental impairment’ which has ‘a substantial and long-term adverse effect’ on the ability to ‘carry out normal day-to-day activities’. However, Schedule 13, para 4(2), to the Equality Act 2010 exempts those assessments which constitute a competency standard, defined as ‘an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability’.’

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Legal Studies, 7th February 2025

Source: www.cambridge.org

SEND – Reasonable adjustment: What constitutes reasonableness? – Local Government Lawyer

Posted March 19th, 2025 in disabled persons, education, news, special educational needs by tracey

‘Lauren Fullerton and Arran Dowling-Hussey look at one of the most significant special educational needs and disabilities (SEND) cases from 2024.’

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Local Government Lawyer, 19th March 2025

Source: www.localgovernmentlawyer.co.uk

High Court rejects claims of “combined duty” on council to operate system that ensures provision of same-sex personal care – Local Government Lawyer

‘The High Court has dismissed a judicial review application brought on behalf of a young woman with severe disabilities in relation to the local council’s provision of same-sex personal and intimate care for women service users.’

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Local Government Lawyer, 17th March 2025

Source: www.localgovernmentlawyer.co.uk

MP calls for inquiry into labelling of black pupils as ‘educationally subnormal’ – The Guardian

‘The historic injustice of a scandal in which black children were incorrectly labelled “educationally subnormal” and sent to schools for physically and mentally disabled pupils must be addressed with a public inquiry, an MP has said.’

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The Guardian, 13th March 2025

Source: www.theguardian.com

Magistrate’s employment tribunal claim over ‘minor incident’ dismissed – Law Society’s Gazette

‘A magistrate who “escalated out of all proportion” a minor incident has had her employment tribunal claims of discrimination, harassment and victimisation dismissed.’

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Law Society's Gazette, 12th March 2025

Source: www.lawgazette.co.uk

‘Worrying’ number of teens lose disability benefits – BBC News

Posted March 12th, 2025 in benefits, disabled persons, news, young persons by Lily

‘Nearly a third of those who received Disability Living Allowance (DLA) in childhood had claims for Personal Independence Payment (PIP) rejected when trying to move to the adult benefit, BBC analysis has found.’

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BBC News, 12th March 2025

Source: www.bbc.co.uk

Council agrees to improve voting accessibility for blind voters after settling legal challenge – Local Government Lawyer

‘Croydon Council has agreed to make reasonable adjustments for visually impaired people at future elections, after settling a legal challenge.’

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Local Government Lawyer, 11th March 2025

Source: www.localgovernmentlawyer.co.uk

Lauren Fullerton and Arran Dowling-Hussey look at one of the most significant special educational needs and disabilities (SEND) cases from 2024 – 4-5 Gray’s Inn Square

‘Lauren Fullerton and Arran Dowling-Hussey look at one of the most significant special educational needs and disabilities (SEND) cases from 2024.’

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4-5 Gray's Inn Square, 7th March 2025

Source: www.4-5.co.uk

Autistic woman wrongly locked up in mental health hospital for 45 years – BBC News

‘An autistic woman with a learning disability was wrongly locked up in a mental health hospital for 45 years, starting when she was just seven years old, the BBC has learned.’

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BBC News, 4th March 2025

Source: www.bbc.co.uk

Woman loses £400k injury claim after being filmed walking ‘strong’ husky – The Independent

Posted March 3rd, 2025 in accidents, damages, deceit, disabled persons, news, personal injuries by sally

‘A doggy daycare boss who sued for over £400,000 after injuring her arm in a fall from a horse has lost her case after being videoed holding a “big, strong” husky tugging at the lead and playing sports.’

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The Independent, 3rd March 2025

Source: www.independent.co.uk

What is the right approach to Care Act assessments? – Local Government Lawyer

Posted February 28th, 2025 in care homes, disabled persons, duty of care, housing, local government, news by Lily

‘In a judgment giving guidance on the approach to be taken to Care Act 2014 assessments, the High Court has distinguished between “provision of care and support for which a home is needed” and “provision which a home would need so as to be equipped for the relevant person”, holding that the former can trigger a duty to accommodate under the Care Act 2014 whereas the latter cannot.’

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Local Government Lawyer, 28th February 2025

Source: www.localgovernmentlawyer.co.uk

Public Law Newsletter – Spire Barristers

‘Public Law Newsletter January 2025; with case updates within the Court of Protection and other Public Law matters.’

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Spire Barristers, 7th January 2025

Source: www.spirebarristers.co.uk

‘Army only paid me £5k for my combat hearing loss’ – BBC News

‘A veteran has accused the Army of not doing enough to help with the hearing loss he said developed during his service.’

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BBC News, 25th February 2025

Source: www.bbc.co.uk

Disabled people in immigration bail: the duties of the Home Office and local authorities – Local Government Lawyer

‘The High Court has ruled that the Home Office has been systemically failing to provide safe and suitable accommodation to disabled applicants, and has given guidance on the interaction between Schedule 10 accommodation and the Care Act 2014. Stephanie Harrison KC, Nadia O’Mara and Isaac Ricca-Richardson analyse its findings.’

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Local Government Lawyer, 19th February 2025

Source: www.localgovernmentlawyer.co.uk

DWP confirms 57,000 benefit claimants will get compensation after court ruling – The Independent

‘The Department for Work and Pensions (DWP) has confirmed that tens of thousands of benefit claimants can expect to receive significant compensation after several major court battles.’

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The Independent, 14th February 2025

Source: www.independent.co.uk

Senior Court of Protection judge approves adapted checklist for assessing capacity after case highlights different approaches between social workers and clinicians – Local Government Lawyer

‘The Vice President of the Court of Protection has allowed an appeal against final declarations regarding the residence and care of a vulnerable man, observing an “evidential divide” on capacity between the clinicians and social workers.’

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Local Government Lawyer, 14th February 2025

Source: www.localgovernmentlawyer.co.uk

Capacity, insight and professional cultures – an important new decision from the Court of Protection – Mental Capacity Law and Policy

Posted February 13th, 2025 in consent, Court of Protection, disabled persons, mental health, news by sally

‘CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3) is in many ways the companion piece to Re Thirumalesh (Dec’d) [2024] EWCA Civ 896). In the latter case, the Court of Appeal made clear that the fact that a person appeared not to believe information that they were being told could not be used as a shortcut to reach the conclusion that they lacked capacity to make the relevant decision.’

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Mental Capacity Law and Policy, 13th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

JAC explores adding disability to ‘equal merit’ tie-breaker – Legal Futures

Posted February 12th, 2025 in disabled persons, judiciary, news, recruitment by sally

‘The Judicial Appointments Commission (JAC) is actively exploring whether disability could be added to the ‘equal merit’ approach to the selection of judges, its vice-chair said this week.’

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Legal Futures, 12th February 2025

Source: www.legalfutures.co.uk