Mother fleeing domestic abuse placed in unsuitable mixed-sex accommodation by council, Ombudsman finds – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has found that the London Borough of Tower Hamlets failed to consider the impact of placing a vulnerable family with a history of PTSD from domestic abuse in mixed-sex shared accommodation.’

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Local Government Lawyer, 14th October 2024

Source: www.localgovernmentlawyer.co.uk

Homelessness, disability and reasonable preference under allocation schemes – Nearly Legal

‘RR, R (On the Application Of) v London Borough of Enfield (2024) EWHC 2501 (Admin). This was a judicial review challenge to LB Enfield’s allocation policy for priority on the housing register, on the basis that it discrimated against disabled applicants who had the full housing duty under Part VII Housing Act 1996, who were also disabled.’

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Nearly Legal, 13th October 2024

Source: nearlylegal.co.uk

Law Commission seeks views on disabled children’s social care law – Law Commission

‘Today the Law Commission publishes a consultation paper on disabled children’s social care law and whether it meets the needs of disabled children and their families.’

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Law Commission, 8th October 2024

Source: lawcom.gov.uk

Law Commission launches consultation on “out of date” disabled children’s social care law – Local Government Lawyer

‘The Law Commission has today (8 October) published a consultation paper on disabled children’s social care law, as part of a review to ensure it is fairer, simpler and more up to date.’

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Local Government Lawyer, 8th October 2024

Source: www.localgovernmentlawyer.co.uk

Alice de Coverley speaks to The Work Couch on neurodiversity at work – 3 Paper Buildings

Posted September 25th, 2024 in barristers, chambers articles, disabled persons, employment, news, podcasts by tracey

‘3PB Barristers’ (3 Paper Buildings) specialist education, equality and public law barrister Alice de Coverley has spoken to RPC Legal’s The Work Couch podcast as part of their neurodiversity mini-series ahead of ADHD awareness month in October.’

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3 Paper Buildings, 24th September 2024

Source: www.3pb.co.uk

Serial litigant’s history does not make claim vexatious, rules tribunal – Law Society’s Gazette

‘A serial litigant accused of pursuing unrealistic job applications to then bring discrimination claims has been allowed to pursue his latest action.’

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Law Society's Gazette, 23rd September 2024

Source: www.lawgazette.co.uk

Regulators and lawyers “must do more” for learning disabled clients – Legal Futures

Posted September 19th, 2024 in disabled persons, equality, law firms, learning difficulties, news by sally

‘Legal regulators have been urged to develop a ‘disability-friendly’ quality mark for law firms, who in turn should hand out ‘easy read’ client information for those with learning disabilities.’

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Legal Futures, 19th September 2024

Source: www.legalfutures.co.uk

Disabled woman told to repay £5,000 of benefits – BBC News

Posted September 17th, 2024 in benefits, disabled persons, government departments, news by tracey

‘A woman has been ordered to pay back thousands of pounds to the Department for Work and Pensions after being incorrectly paid benefits she was told she was entitled to.’

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BBC News, 17th September 2024

Source: www.bbc.co.uk

Barrister “ineligible for judicial posts” fails in JAC discrimination claim – Legal Futures

‘An employment tribunal has struck out a discrimination claim brought by a disabled barrister over his failed applications for judicial appointment because he was not eligible for the posts he sought.’

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Legal Futures, 9th September 2024

Source: www.legalfutures.co.uk

Employment tribunal orders justice secretary to pay court worker £27,000 – Law Society’s Gazette

‘A magistrates court’s administration officer has been awarded more than £27,000 after succeeding in her disability discrimination employment tribunal claim against the secretary of state for justice.’

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Law Society's Gazette, 3rd September 2024

Source: www.lawgazette.co.uk

Firm “did not know solicitor was disabled” when it withdrew job offer – Legal Futures

‘A legal business did not know a solicitor was disabled and had bipolar disorder when it decided to withdraw his job offer, an employment tribunal has ruled.’

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Legal Futures, 20th August 2024

Source: www.legalfutures.co.uk

Tribunal allows solicitor to continue with ‘unfair work allocation’ claim – Legal Futures

‘A solicitor can continue a claim that he was unfairly dismissed for blowing the whistle about biased work allocation practices at a law firm, a judge has ruled.’

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Legal Futures, 19th August 2024

Source: www.legalfutures.co.uk

Part-time paralegal succeeds in employment tribunal over ‘sham’ redundancy exercise – Law Society’s Gazette

‘A paralegal, who could not work full-time due to her disability, has succeeded in an employment claim after a judge found she was made redundant for being a part-time employee.’

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Law Society's Gazette, 16th August 2024

Source: www.lawgazette.co.uk

London woman’s death after eating laundry pods prompts coroner’s warning – The Guardian

Posted August 19th, 2024 in coroners, disabled persons, elderly, food, inquests, news by tracey

‘A coroner has issued a warning after a 93-year-old woman with dementia died after eating toxic laundry capsules she may have mistaken for sweets because of their bright packaging.’

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The Guardian, 18th August 2024

Source: www.theguardian.com

Claimant wins High Court challenge to council over failure to secure suitable accommodation, conduct lawful assessment of children – Local Government Lawyer

‘The London Borough of Bexley failed to secure suitable accommodation for claimant ZRR in breach of section 190 of the Housing Act 1996 and failed to conduct a lawful needs assessment of her children under section 17 of the Children Act 1989, the High Court has found.’

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Local Government Lawyer, 15th August 2024

Source: www.localgovernmentlawyer.co.uk

Housing case law update – June & July 2024 – Local Government Lawyer

‘Karen Smith, Sarah Christy and Emily Howe round up the latest cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 7th August 2024

Source: www.localgovernmentlawyer.co.uk

Headteacher paid damages in disability discrimination case against Ofsted – The Guardian

‘A primary school headteacher with multiple sclerosis (MS) has been paid damages in a landmark disability discrimination case against Ofsted, after her request to postpone an inspection over a relapse in her symptoms was refused.’

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The Guardian, 1st August 2024

Source: www.theguardian.com

Constructive Knowledge of Neurodiversity – A Reminder of the Correct Test to be Applied – Parklane Plowden Chambers

‘The EAT handed down its judgment in the case of Godfrey v Natwest Markets plc [2024] EAT 81 on 24 May 2024.’

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Parklane Plowden Chambers, 27th June 2024

Source: www.parklaneplowden.co.uk

Towards a rights-based approach for disabled women’s access to abortion – Medical Law Review

Posted July 29th, 2024 in abortion, disabled persons, human rights, mental health, news by sally

‘This article adds to the still limited scholarship on the impact of abortion laws and policies on people with disabilities and those with diminished capacity who seek abortion. We argue that neither the legal nor policy framework currently operating in England and Wales adequately incorporates and protects the rights of people with disabilities or those experiencing mental ill-health. Rather, the law and policy framework jeopardizes their reproductive agency. We argue that greater attention to and incorporation of standards contained within the UN Convention on the Rights of Persons with Disabilities (including the sources produced by its Committee) and implementation of guidelines produced by the World Health Organization would result in a rights-affirming framework that supports disabled women’s reproductive agency, enhances their effective enjoyment of human rights, and supports them in accessing quality abortion care.’

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Medical Law Review, 17th July 2024

Source: academic.oup.com

The inherent jurisdiction, Article 3 ill-treatment, and the limits of the State’s obligations – Mental Capacity Law and Policy

‘How far can the State be expected to go in seeking to secure the rights of those in challenging situations? A few months after this issue was looked at (albeit slightly curiously) from the perspective of Article 2 ECHR in R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin), Gywnneth Knowles J has looked at it from the perspective of Article 3 ECHR. In Re P (Vulnerable Adult: Withdrawal of Application) [2024] EWHC 1882 (Fam), she was asked to consider the question of whether she should continue to use the powers of the High Court to compel a 29 year old woman to live apart from her father.’

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Mental Capacity Law and Policy, 28th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk