SEND Tribunal case law review – Local Government Lawyer
‘Jamie Jenkins looks at the lessons to be learned from the latest judgments from the SEND Tribunal.’
Local Government Lawyer, 5th November 2021
Source: www.localgovernmentlawyer.co.uk
Category: disabled persons
The Court of Protection and Criminal Law – UK Human Rights Blog
‘Re C [2021] EWCA Civ 1527. This is an appeal from Hayden J’s judgment in Re C [2021] EWCOP 25. The appeal was allowed on the basis that care workers making arrangements to secure the services of a sex worker for C would place the care workers in peril of committing an offence contrary to section 39 of the Sexual Offences Act 2003 (“SOA”).’
UK Human Rights Blog, 30th October 2021
Source: ukhumanrightsblog.com
Judge credits psychological assessment with calming of “high octane” conflict between parents and care workers – Local Government Lawyer
‘A High Court judge has credited a psychological assessment “almost entirely” for helping repair a deeply polarised relationship between care workers and the parents of a boy with serious disabilities who is subject of an application for a care order.’
Local Government Lawyer, 29th October 2021
Source: www.localgovernmentlawyer.co.uk
CoA overturns ruling in sex-worker visit case – Law Society’s Gazette
‘Carers would be at risk of committing a criminal offence if they helped an autistic man visit a sex worker, the Court of Appeal has ruled, overturning what had been seen as a landmark ruling for people with learning disabilities and mental disorders.’
Law Society's Gazette, 25th October 2021
Source: www.lawgazette.co.uk
High Court: Differential standards on abortion time-limits do not breach the human rights of disabled persons – UK Human Rights Blog
‘In Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin), the High Court considered the lawfulness of the provision in the Abortion Act 1967 which permits termination of a foetus after 24 weeks where there is a substantial risk that, if born, a child would be “seriously handicapped”.’
UK Human Rights Blog, 25th October 2021
Source: ukhumanrightsblog.com
Menopausal symptoms and disability – Local Government Lawyer
‘The Employment Appeal Tribunal has given its first ruling on menopausal symptoms and disability in a case involving a city council. Jog Hundle considers the judgment.’
Local Government Lawyer, 22nd October 2021
Source: www.localgovernmentlawyer.co.uk
Disabled woman to take DWP to court over ‘immoral’ automatic benefit deductions – The Guardian
‘A disabled woman is to challenge the Department for Work and Pensions in court over what she calls its “immoral” policy of allowing landlords and utilities companies to automatically make deductions from monthly benefits payments without the claimant’s consent.’
The Guardian, 15th October 2021
Source: www.theguardian.com
R (Rowley) v Minister for the Cabinet Office – Equality Law Blog
‘In this case the High Court (Fordham J) ruled that the respondent had discriminated against the claimant, who was profoundly deaf, by failing to provide of British sign language (“BSL”) interpreters for Government live briefings to the public about the Covid-19 pandemic on 21 September 2020 and 12 October 2020. The claimant challenged the failures on those occasions and also sought to challenge the respondent’s continuing refusal to use “on-platform” as distinct from “in-screen” BSL interpreters for briefings. The claimant sought to establish failures of the PSED imposed by s149 of the Equality Act 2010 in respect of the defendant’s ongoing approach to briefings, as well as failures of the duty to make reasonable adjustments imposed by ss20 and 29(7)(a) of the Act. The PSED claim failed as did the reasonable adjustment challenge to ongoing (“in-screen” BSL) briefings. The decision includes a comprehensive discussion of the leading authorities on disability discrimination in the context of services/public authorities.’
Equality Law Blog, 13th October 2021
Source: equalitylawblog.com
Judges Rule Abortion Law On Disability Does Not Violate Human Rights – Each Other
‘The High Court has ruled against a legal challenge from a woman with Down’s syndrome which argued that permitting abortion up until birth for a foetus with certain disabilities is unlawfully discriminatory.’
Each Other, 28th September 2021
Source: eachother.org.uk
Government faces legal challenge from pupil with SEN over “unfair” use of PCR testing in schools – Local Government Lawyer
‘The parents of a 15-year-old pupil with special educational needs and disabilities have instructed lawyers to challenge the lawfulness of government guidance to schools on Covid-19 testing, arguing that it should be urgently revised to enable pupils with disabilities to take less intrusive saliva tests.’
Local Government Lawyer, 28th September 2021
Source: www.localgovernmentlawyer.co.uk
To jab or not to jab? Covid vaccination dilemmas – Law Society’s Gazette
‘The main challenges to compulsory vaccination policies come from unfair dismissal and discrimination law. Unfair dismissal claims are available to employees with two years’ service. Claims would hinge upon the issue of whether an employee’s refusal to comply with a vaccination policy is a ‘substantial reason’ sufficient to justify their dismissal.’
Law Society's Gazette, 27th September 2021
Source: www.lawgazette.co.uk
Seven out of 10 win benefits challenges at tribunal – BBC News
‘Seven out of ten people who appealed in court against a decision to deny them disability benefits were successful, analysis shows.’
BBC News, 24th September 2021
Source: www.bbc.co.uk
Woman with Down’s loses abortion law fight – BBC News
‘A woman with Down’s syndrome has lost her High Court challenge over a law that allows abortion up to birth for a foetus with the condition.’
BBC News, 23rd September 2021
Source: www.bbc.co.uk
First-Tier Tribunal SEN proceedings not unfair despite difficulties faced by hearing impaired mother, judge rules – Local Government Lawyer
‘A First-Tier Tribunal (Health, Education and Social Care Chamber) case was not conducted unfairly despite an appellant and a witness having difficulty in hearing the online proceedings, the Upper Tribunal Administrative Appeals Chamber has decided.’
Local Government Lawyer, 23rd September 2021
Source: www.localgovernmentlawyer.co.uk
Calling women ‘birds’ is ‘plainly sexist’, judge rules as Barclays banker wins discrimination claim – The Independent
‘A UK judge has ruled that calling women “birds” is “plainly sexist,” and even using the term jokingly is “foolish” in a landmark discrimination case. The ruling came following a tribunal brought by a Barclays investment banker after her boss repeatedly called women “birds.” ‘
The Independent, 22nd September 2021
Source: www.independent.co.uk
Judge rules Little Mix concert promoter discriminated against group of deaf mothers at 2017 concert – The Independent
‘A judge has ruled that a concert promoter for Little Mix discriminated against a group of deaf mothers in 2017.’
The Independent, 17th September 2021
Source: www.independent.co.uk
Is The End of Online Parliamentary Debates A Human Rights Issue? – Each Other
‘The Government stopped remote working in Parliament in July, leaving some representatives locked out. Now, a cross-section of MPs are calling on the Leader of the House of Commons to reinstate it.’
Each Other, 8th September 2021
Source: eachother.org.uk
Education Secretary and local authorities threatened with legal challenge over approach to vulnerable children and school attendance – Local Government Lawyer
‘The Good Law Project (GLP) has written to the Secretary of State for Education, Gavin Williamson, threatening legal action if he fails to issue guidance that protects vulnerable children and families as schools reopen.’
Local Government Lawyer, 7th September 2021
Source: www.localgovernmentlawyer.co.uk
Research Briefing: Disabled adaptations in leasehold flats and common parts – House of Commons Library
‘This paper covers how leaseholders in flats can gain consent to home adaptations. It covers the issue of adaptations in the common parts of residential buildings.’
House of Commons Library, 5th September 2021
Source: commonslibrary.parliament.uk
