‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
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