Category: disabled persons

Rachel Johnston: Neglect contributed to woman’s teeth removal death – BBC News

Posted February 12th, 2021 in care homes, causing death of children or vulnerable adults, coroners, dentists, disabled persons, inquests, medical treatment, negligence, news, professional conduct by tracey

‘A disabled woman whose brain was starved of oxygen after an operation to remove all her teeth would probably have survived if care home staff acted sooner, an inquest heard. Staff at Pirton Grange Care Home, near Worcester, failed to spot Rachel Johnston was developing hypoxia. A coroner concluded neglect contributed to her death just over two weeks after she was taken to hospital.’

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BBC News, 11th February 2021

Source: www.bbc.co.uk

Court of Protection Newsletter – Spire Barristers

Posted February 11th, 2021 in autism, chambers articles, Court of Protection, deprivation of liberty safeguards, disabled persons, elderly, hospitals, learning difficulties, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 10th February 2021

Source: spirebarristers.co.uk

The woman who live-tweets inquests – BBC News

Posted February 10th, 2021 in autism, coroners, disabled persons, inquests, internet, news by sally

‘George Julian is crowdfunding to attend coroners’ courts and live-tweet the inquests of people with learning disabilities and autism.’

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BBC News, 10th February 2021

Source: www.bbc.co.uk

Liverpool knifeman jailed for ‘terrifying’ train passenger attack – BBC News

Posted January 28th, 2021 in assault, attempts, disabled persons, imprisonment, news, offensive weapons, robbery, sentencing by sally

‘A knifeman who carried out a “cowardly and terrifying” attack on a visually impaired rail passenger has been jailed.’

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BBC News, 27th January 2021

Source: www.bbc.co.uk

Housing allocation and Catch-22 – Law Society’s Gazette

Posted January 26th, 2021 in disability discrimination, disabled persons, equality, housing, local government, news by sally

‘In his comically surreal war novel, Joseph Heller explained the paradox of Catch-22: “A concern for one’s safety in the face of dangers that were real and immediate was the process of a rational mind.” For if you flew more missions you were crazy and did not have to. But if you did not want to you were sane and had to. In other words, a no-win situation.

This was unfortunately the position faced by Mrs Habibo Nur (Mrs Nur), a Birmingham City Council housing applicant with three adult daughters including one, Zakiya, who has learning difficulties and suffers from cerebral palsy. Zakiya consequently requires support with daily living activities and has been assessed as needing a level access shower, access to stairs with bilateral handrails and accommodation with a downstairs toilet.’

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Law Society's Gazette, 25th January 2021

Source: www.lawgazette.co.uk

“Wrongful Life” Revisited – UK Human Rights Blog

Posted January 22nd, 2021 in children, compensation, disabled persons, human rights, negligence, news, statutory interpretation, wrongful birth by sally

‘In Evie Toombes v. Dr. Philip Mitchell [2020] EWHC 3506 the High Court has given renewed consideration to claims for, so called, “wrongful life”. Can a disabled person ever claim damages on the basis that they would not have been born but for the defendant’s negligence? The Court answered that question with a resounding “yes”.’

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UK Human Rights Blog, 21st January 2021

Source: ukhumanrightsblog.com

Mental Health Act reforms aim to tackle high rate of black people sectioned – The Guardian

Posted January 13th, 2021 in autism, detention, disabled persons, equality, learning difficulties, mental health, news, race discrimination, statistics by sally

‘Reforms to the Mental Health Act will help tackle the disproportionate number of black people sectioned, the government has announced.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

Council provided “object lesson” in how not to respond to JR – Litigation Futures

Posted January 12th, 2021 in disabled persons, housing, judicial review, local government, news by sally

‘The High Court has described how Birmingham City Council provided an “object lesson in how a public body should not respond to public law proceedings” in its mishandling of a housing judicial review.’

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Litigation Futures, 12th January 2021

Source: www.litigationfutures.com

Council defeats appeal over ruling that it did not breach public sector equality duty in possession case – Local Government Lawyer

Posted January 5th, 2021 in disabled persons, equality, housing, local government, mental health, news, repossession, statutory duty by sally

‘A High Court judge has dismissed an appeal over a ruling in a housing case that there had been no breach by Slough Borough Council of the public sector equality duty.’

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Local Government Lawyer, 5th January 2021

Source: www.localgovernmentlawyer.co.uk

PSED, breach and ‘subsequent compliance’ – Nearly Legal

Posted January 4th, 2021 in appeals, disabled persons, drug offences, equality, housing, local government, mental health, news, repossession by sally

‘An appeal on the issue of whether a Council landlord’s initial failure to have regard to the Public Sector Equality Duty on commencing possession proceedings could be remedied by later performance of that duty.’

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Nearly Legal, 2nd January 2021

Source: nearlylegal.co.uk

Home Office unlawfully leaving destitute and disabled asylum-seekers homeless, High Court rules – The Independent

Posted December 15th, 2020 in asylum, disabled persons, government departments, homelessness, housing, news by tracey

‘The Home Office is leaving destitute asylum-seekers homeless in breach of the law due to its failure to monitor the operations of private firms contracted to manage asylum accommodation, the High Court has ruled. In a ruling handed down on Monday morning, Justice Robin Knowles found that the five claimants in the case – all asylum-seekers considered by the Home Office itself to be “highly vulnerable” and eligible for housing support – had been left homeless for prolonged periods.’

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The Independent, 15th December 2020

Source: www.independent.co.uk

It was “none of your business”, High Court judge tells council which refused to take part in mediation over EHC Plan because mother wanted to bring her lawyer – Local Government Lawyer

Posted December 9th, 2020 in children, disabled persons, education, families, judicial review, learning difficulties, legal representation, local government, news, regulations, school children by sally

‘A mother was entitled to bring a lawyer to support her at a mediation of her dispute with Hillingdon Council about her son’s Education, Health and Care Plan and the local authority was in breach of its statutory duties by refusing to participate, a High Court judge has ruled.’

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Local Government Lawyer, 7th December 2020

Source: www.localgovernmentlawyer.co.uk

Ombudsman criticises council after cancellation of transport sees teenager with autism miss start of term – Local Government Lawyer

Posted December 7th, 2020 in autism, children, compensation, disabled persons, education, families, local government, news, ombudsmen, school children, transport by sally

‘A council has agreed to pay more than £2,400 in compensation after an investigation from the Local Government and Social Care Ombudsman into the termination of a child’s transport to school.’

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Local Government Lawyer, 4th December 2020

Source: www.localgovernmentlawyer.co.uk

East Yorkshire hospital trust pays millions over child’s brain damage – BBC News

Posted December 4th, 2020 in birth, causing serious physical harm to a child or vulnerable adult, children, compensation, damages, disabled persons, families, hospitals, negligence, news, personal injuries by sally

‘A child who suffered brain damage after a catastrophic fall in blood sugar levels within days of his birth is to get millions of pounds in compensation.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Osime Brown: 55 MPs back calls to stop deportation of severely autistic man – The Independent

Posted November 26th, 2020 in autism, deportation, disabled persons, news, theft, young offenders by tracey

‘Dozens of MPs have backed calls to halt the deportation of a severely autistic man who was jailed as a teenager after being found guilty of stealing a mobile phone.’

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The Independent, 25th November 2020

Source: www.independent.co.uk

Paul Lamb: Paralysed Leeds man urges government inquiry – BBC News

Posted November 26th, 2020 in assisted suicide, disability discrimination, disabled persons, inquiries, news by tracey

‘A paralysed former builder has called for an inquiry into assisted dying after losing the latest in a series of bids to challenge the law on the issue.’

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BBC News, 25th November 2020

Source: www.bbc.co.uk

Only 16% of British courts accessible for wheelchair users – Litigation Futures

Posted November 20th, 2020 in courts, disabled persons, equality, law firms, news, statistics by sally

‘Only a small minority of courts in England, Wales and Scotland are accessible to wheelchair users, research by a London personal injury firm has found.’

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Litigation Futures, 19th November 2020

Source: www.litigationfutures.com

A Local Authority v GP (Capacity – care, support and education) [2020] EWCOP 56 – 3PB

Posted November 19th, 2020 in Court of Protection, disabled persons, local government, news, special educational needs by sally

‘This was the first time that the Court of Protection had been asked to identify the relevant specific decisions that GP had to be able to make in relation to the aforementioned issues within the meaning of s3(1) and 15(1)(a) of the Mental Capacity Act 2005 (“the 2005 Act”) and to consider what the relevant information in respect of each of those decisions was that GP must have been able to understand, retain, use or weigh in accordance with s3(1) of the 2005 Act.’

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3PB, November 2020

Source: www.3pb.co.uk

Court quashes decision to accommodate disabled man 130 miles away from his support network – LB Waltham Forest v Saleh remains good law – Garden Court Chambers

Posted November 12th, 2020 in disabled persons, housing, local government, news by sally

‘HHJ Saunders at Central London County Court found the decision of LB Waltham Forest unlawful on a number of grounds.’

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Garden Court Chambers, 5th November 2020

Source: www.gardencourtchambers.co.uk

Disability, Delusions and Definitions – Parklane Plowden

Posted November 11th, 2020 in appeals, chambers articles, disability discrimination, disabled persons, employment, employment tribunals, equality, mental health, news, unfair dismissal by sally

‘Employees that suffer from a disability so defined are protected against various forms of discrimination because of that status. Employers facing claims of such discrimination must assess whether a Tribunal will find that the employee was in fact, during the relevant period, disabled and, if so, whether it knew or reasonably ought to have known of that fact. It is common for employers to concede the fact of disability.’

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Parklane Plowden Chambers, 4th November 2020

Source: www.parklaneplowden.co.uk