Life-support patient who refused stoma allowed to die – BBC News
‘An ill man who did not want to live with a stoma has died after a judged ruled life-support treatment could end.’
BBC News, 10th June 2020
Source: www.bbc.co.uk
Category: disabled persons
Criminal justice system failing disabled defendants, EHRC warns – The Guardian
‘The criminal justice system in England and Wales is failing defendants who are disabled or have mental health conditions and needs reform to ensure everyone receives a fair trial, the equalities watchdog has warned.’
The Guardian, 11th June 2020
Source: www.theguardian.com
High Court judge issues mandatory order requiring council to provide urgent night-time support for disabled brothers – Local Government Lawyer
‘A local authority acted unlawfully after it failed to provide night-time care and support to two adult brothers with severe physical and learning disabilities pending a full needs reassessment, a High Court judge has ruled.’
Local Government Lawyer, 8th June 2020
Source: www.localgovernmentlawyer.co.uk
Be wary of the ‘last straw’: Williams v Alderman Davies Church in Wales Primary School UKEAT/0108/19/LA – 3PB
‘The Claimant (“C”) was a primary school teacher who had worked for Alderman Davies Church in Wales Primary School (“the School”) for a number of years. The Respondent (“R”) was the governing body of the School. It was agreed between the parties that from April 2015, C had a disability by reason of a mental impairment affecting, in particular, his reaction to and behaviour in stressful situations.’
3PB, 2nd June 2020
Source: www.3pb.co.uk
Delays and duties and human rights – Nearly Legal
‘Mr I, his wife and child had been given the tenancy of a two bedroom flat on the eight floor of a block of flats in discharge of the council’s homeless duty to them in September 2017. In November 2017 Mr I was suddenly paralysed from the waist down. He could not leave his bedroom and a wheelchair could not be used in the flat. The council carried out Care Act 2014 assessments, which acknowledged that he had a clear need to move to a suitable property, ground floor with 3 bedrooms and in which a wheelchair could be used.’
Nearly Legal, 3rd June 2020
Source: nearlylegal.co.uk
R (Susan Fisher) v Durham County Council [2020] – The Interface Between Statutory Nuisance and Disability Discrimination – Francis Taylor Building
‘In his judgment in R (on the application of Susan Fisher) v. Durham County Council [2020] EWHC [2020] EWHC 1277 (Admin) handed down in the Leeds District Registry on 21 May 2020, Julian Knowles J. has dismissed a challenge brought by Susan Fisher, a woman with a neurological disorder which cases her to make involuntary sounds and noises, including words and phrases, against the decision of my client Durham County Council to serve her with a abatement notice under the Environmental Protection Act 1990 (“EPA 1990”).’
Francis Taylor Building, 21st May 2020
Source: www.ftbchambers.co.uk
Woman who makes involuntary sounds fails in judicial review challenge over noise abatement notice – Local Government Lawyer
‘A 67-year-old retired primary school teacher who has a neurological disorder that causes her to make involuntary sounds and noises has failed in a judicial review challenge over a noise abatement notice.’
Local Government Lawyer, 26th May 2020
Source: www.localgovernmentlawyer.co.uk
Campaigners in legal threat over “failure to collect data on deaths of those with learning disabilities and autism during COVID-19” – Local Government Lawyer
‘Disability campaigners have sent a letter before action to five public bodies over what they say has been a failure to mandate the collection and publication of data on the deaths of people with learning disabilities and autism during the coronavirus pandemic.’
Local Government Lawyer, 21st May 2020
Source: www.localgovernmentlawyer.co.uk
School breached data protection and human rights, unlawfully misused personal information of Down’s Syndrome pupil and mother: High Court – Local Government Lawyer
‘A primary school breached the Data Protection Act 1988 and Human Rights Act 1998 and unlawfully misused the personal information of a child with Down’s Syndrome and her mother, the High Court has ruled.’
Local Government Lawyer, 18th May 2020
Source: www.localgovernmentlawyer.co.uk
Changes to the EHCP regime during Covid-19: a quick guide for parents and representatives – Monckton Chambers
‘On 1 May 2020, the entitlements of children with SEND (and their parents) in relation to the Education, Health and Care (EHC) Plan process changed. The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (the “New Regulations”) came into force. They will expire on 25 September 2020 unless extended. The New Regulations amend four existing sets of Regulations including the Special Educational Needs and Disability Regulations 2014 (the “SEND Regulations”).’
Monckton Chambers, 12th May 2020
Source: www.monckton.com
Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA – 3PB
‘Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? – Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA.’
3PB, May 2020
Source: www.3pb.co.uk
Disability discrimination when shielded during Covid-19 – 1MCB
‘In this blog, we consider the employment protections from discrimination and dismissal available to disabled people who are also shielding during Covid-19.’
1MCB, May 2020
Source: 1mcb.com
Separation REALLY is the last resort – Garden Court Chambers
‘In this case, the local authority successfully applied for an interim care order as a result of the mother’s longstanding drug addiction (which had led to the need for one leg to be amputated and the use of a wheelchair), her chaotic lifestyle, and domestic abuse concerns. The child was placed with her mother in a residential unit.’
Garden Court Chambers, 27th April 2020
Source: www.gardencourtchambers.co.uk
Disabled claimant to challenge NHS England guidance restricting hospital visitors – Local Government Lawyer
‘A disabled woman has sent a pre-action protocol letter to NHS England over its “Visitor guidance”, which imposes restrictions on those entering hospitals.’
Local Government Lawyer, 11th May 2020
Source: www.localgovernmentlawyer.co.uk
When Remote Justice Works – Transparency Project
‘During the current public health emergency, remote justice – hearings conducted wholly via audio/visual conferencing platforms – is the default position for all court cases. After early enthusiasm at the fact that the courts were able to acquire the technical skills and software to actually deliver remote hearings at all, there has been increasing concern about their efficacy, fairness and transparency and – in particular – about the loss of human connection and personal engagement they can entail, as described in these accounts from a judge, a journalist, and a lawyer). There has been less feedback from lay participants involved in remote justice, either as parties, or as observing members of the public.’
Transparency Project, 4th May 2020
Source: www.transparencyproject.org.uk
Down’s Syndrome student wins compensation after school sent letter to parents detailing violent behaviour – Daily Telegraph
‘The family of a child with Down’s Syndrome has been awarded compensation after a primary school sent a letter to parents detailing her violent behaviour and disability.’
Daily Telegraph, 4th May 2020
Source: www.telegraph.co.uk
Errol Graham death: Judicial review move over DWP policy – BBC News
‘The family of a mentally ill man who starved to death after his benefits were cut have applied for a judicial review of government policy.’
BBC News, 1st May 2020
Source: www.bbc.co.uk
Government legal move risks councils ‘downing tools’ on support for disabled children – Law Society’s Gazette
‘The Department for Education has taken two key steps to relieve councils of duties related to children with special educational needs (SEN) during the Covid-19 crisis.’
Law Society's Gazette, 1st May 2020
Source: www.lawgazette.co.uk
