Providing support for children with complex needs – Local Government Lawyer

‘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).’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Court of Protection judge sets out guidance on mental capacity assessments for deaf individuals – Local Government Lawyer

Posted December 13th, 2024 in Court of Protection, disabled persons, local government, news by sally

‘A senior Court of Protection judge has outlined a number of considerations that should guide any assessment of a deaf individual fluent in British Sign Language (BSL), after finding that a young man was inaccurately assessed as lacking capacity in all areas.’

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Local Government Lawyer, 12th December 2024

Source: www.localgovernmentlawyer.co.uk

Autistic man still locked up for murder under joint enterprise laws 10 years after friend stabbed stranger – The Independent

‘Despite Alex Henry running from the scene and being diagnosed with autism, he remains behind bars.’

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The Independent, 23rd November 2024

Source: www.independent.co.uk

Cheshire West revisited: deprivation of liberty and children – UK Human Rights Blog

‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’

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UK Human Rights Blog, 22nd November 2024

Source: ukhumanrightsblog.com

Capacity and civil proceedings – Local Government Lawyer

‘Holly Tibbits examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.’

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Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

Man found not guilty of encouraging teen’s suicide – BBC News

Posted November 20th, 2024 in autism, children, disabled persons, news, suicide by tracey

‘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.’

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BBC News, 19th November 2024

Source: www.bbc.co.uk

Girl and mum awarded £14k over education failures – BBC News

‘A council that did not provide a girl who has special educational needs with suitable schooling for two years will pay her and her mother £14,300 in compensation.’

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BBC News, 18th November 2024

Source: www.bbc.co.uk

Security guard sues Science Museum for allegedly denying suitable chair – The Guardian

‘A cancer survivor with chronic health problems is suing one of the UK’s most prestigious museums for discrimination for allegedly denying her a suitable chair to sit on when she is at work.’

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The Guardian, 17th November 2024

Source: www.theguardian.com

Disabled paralegal’s £41k damages over unfair law firm dismissal – Legal Futures

‘A paralegal has been awarded £41,000 in damages against a law firm that unfairly dismissed and discriminated against her because she could not work full-time due to disability.’

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Legal Futures, 11th November 2024

Source: www.legalfutures.co.uk

Man freed after appealing against riots sentence – BBC News

‘An 18-year-old man jailed for smashing a restaurant window during the summer riots is to be freed after successfully appealing against his sentence.’

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BBC News, 7th November 2024

Source: www.bbc.co.uk

Integrated care board breached duty to provide lawful health care plan: High Court – Local Government Lawyer

‘North Central London Integrated Care Board was in breach of its duty to ensure a severely disabled boy has a lawful health care plan, the High Court has found.’

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Local Government Lawyer, 31st October 2024

Source: www.localgovernmentlawyer.co.uk

Disability-related absences and dismissal – Local Government Lawyer

‘Should dismissals for disability-related absences be pleaded as direct discrimination? Robin Pickard examines a recent Employment Appeal Tribunal case involving a local authority.’

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Local Government Lawyer, 30th October 2024

Source: www.localgovernmentlawyer.co.uk

Man who lost home to coastal erosion loses court case against UK government – The Guardian

‘An East Anglian man who lost his home to coastal erosion has lost his high court challenge against the government’s climate adaptation plans.’

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The Guardian, 25th October 2024

Source: www.theguardian.com

Anticipatory declarations and supporting P in her wish to protect herself – Mental Capacity Law and Policy

Posted October 25th, 2024 in Court of Protection, disabled persons, local government, news by sally

‘Leicestershire County Council v P & Anor [2024] EWCOP 53 (T3) is both an interesting and an important decision.’

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Mental Capacity Law and Policy, 24th October 2024

Source: www.mentalcapacitylawandpolicy.org.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

Equality Act assessors and open advice – Nearly Legal

‘Laidley v Metropolitan Housing Trust Limited (2024) EWHC 2611 (Ch). This was the joined hearing of two appeals from a possession claim on grounds of anti social behaviour. Mr Laidley had an assured tenancy from Metropolitan from 2009. There had been complaints of anti social behaviour and Metropolitan brought possession proceedings.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

Bailiff who took emotional support dog on jobs loses discrimination case – The Guardian

‘A bailiff who took her miniature Yorkshire terrier on debt collection jobs has lost her case for discrimination after being told she was not entitled to have an emotional support dog at work.’

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The Guardian, 18th October 2024

Source: www.theguardian.com

Practice and Procedure Report – October 2024 – 39 Essex Chambers

‘In the Practice and Procedure Report: the perfect as the enemy of the good, and what to do when the situation changes.’

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39 Essex Chambers , 1st October 2024

Source: www.39essex.com

Mental Health Matters Report – October 2024 – 39 Essex Chambers

‘In the Mental Health Matters Report: the human rights consequences of outsourcing in the mental health context.’

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39 Essex Chambers , 1st October 2024

Source: www.39essex.com

Property and Affairs Report – October 2024 – 39 Essex Chambers

‘In the Property and Affairs Report: gifts, attorneys and deputies.’

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39 Essex Chambers, 1st October 2024

Source: www.39essex.com