‘The parents of a student with severe social anxiety who took her own life on the day she was scheduled to face “the ordeal” of an important oral test have launched legal proceedings against her university, claiming she was the victim of negligence and disability discrimination.’
The Guardian, 20th July 2020
Source: www.theguardian.com
‘A 24-year-old woman with Down Syndrome has been granted permission for a judicial review challenge of Norfolk County Council’s policy of charging people for essential care and support.’
Local Government Lawyer, 14th July 2020
Source: www.localgovernmentlawyer.co.uk
‘As we have seen before, Shelter have been supporting discrimination claims under the Equality Act 2010 against letting agents who operate a ‘No DSS’ policy (meaning a refusal to even consider people claiming housing related benefits – who are often employed – as applicants for tenancies. The DSS ceased to exist in 2001, which suggests how longstanding this issue is). These claims all settled out of court. Now a claim has gone to judgment.’
Nearly Legal, 14th July 2020
Source: nearlylegal.co.uk
‘Judges and magistrates of the family court deal with some of the most vulnerable people in our society. Quite often, people will find it difficult to participate because of their vulnerabilities. These vulnerabilities could cover a wide spectrum of barriers to participation: some litigants may have cognitive or mental health problems; some may have an intellectual disability; some may have a physical disability; and some may be particularly vulnerable as a result of the experiences they have suffered.’
Transparency Project, 11th July 2020
Source: www.transparencyproject.org.uk
‘The Court of Appeal has delivered judgment in the case of Robinson v Department for Work and Pensions [2020] EWCA Civ 859, a decision which confirms that it is insufficient for a Claimant to argue, on a claim under section 15 of the Equality Act 2010, that “but for” their disability they would not have been put in a situation that led to unfavourable treatment. Rather, the focus needs to be on the reasons for the treatment itself. In so finding, the Court has approved of the obiter comments of Underhill LJ in Dunn v Secretary of State for Justice [2019] IRLR 298.’
Old Square Chambers, 7th July 2020
Source: www.oldsquare.co.uk
‘A group of parents of children with special educational needs or disabilities has been granted permission to take the London Borough of Waltham Forest to judicial review over spending cuts.’
Local Government Lawyer, 9th July 2020
Source: www.localgovernmentlawyer.co.uk
‘Norfolk County Council has agreed to review its decision-making process and internal communications in relation to its special educational needs services, and provide its People and Communities select committee with regular updates on its performance, following a critical report from the Local Government and Social Care Ombudsman.’
Local Government Lawyer, 2nd July 2020
Source: www.localgovernmentlawyer.co.uk
‘A junior solicitor diagnosed with Asperger’s syndrome who was convicted after sending a woman he briefly dated a series of abusive Facebook messages has been fined £10,000 by a disciplinary tribunal.’
Legal Futures, 24th June 2020
Source: www.legalfutures.co.uk
‘The Court of Appeal has allowed an appeal from a case management decision in care proceedings refusing an application by a parent with a learning disability for an intermediary assessment and the appointment of an intermediary.’
Local Government Lawyer, 22nd June 2020
Source: www.localgovernmentlawyer.co.uk
‘Ten years after the Equality Act came into force, the Equality and Human Rights Commission (EHRC) have published their findings and recommendations in a report entitled “Inclusive Justice: a system designed for all”. Although the report recognises where progress has been made, it also identifies very significant problems.’
UK Human Rights Blog, 16th June 2020
Source: ukhumanrightsblog.com
As part of our series considering the human rights and equality implications of Covid-19, Catherine Casserley and Declan O’Dempsey consider BMA Guidance on the use of characteristics of age and disability in medical triage in the light of discrimination law. This article considers the impact of discrimination law on the guidance.
Cloisters, 9th June 2020
Source: www.cloisters.com
‘This case determines, definitively, that a thorough vulnerability assessment with an acknowledgement of a consideration of the Public Sector Equality Duty (‘PSED’) can satisfy the statutory duty pursuant to section 149 of the Equality Act 2010. No further assessment is automatically required.’
St Ives Chambers, June 2020
Source: www.stiveschambers.co.uk
‘The key phrase in most but not all of the sections of the Limitation Act 1980 is the accrual of the “cause of action”. Time runs from the accrual of the cause of action.’
Hailsham Chambers, June 2020
Source: www.hailshamchambers.com
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