Capita to challenge payment ordered to family of woman who died after benefits were wrongly stopped – The Independent

‘A private company which was instrumental in stopping the benefits of a disabled woman who later died is going to court in a bid to avoid paying £10,000 awarded in damages to the family.’

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The Independent, 6th August 2019

Source: www.independent.co.uk

Children in prison twice as likely to have special needs, figures show – The Independent

‘Children in prison are twice as likely to have special educational needs as those in the general population, new figures reveal, prompting concern that vulnerable teenagers are being let down by mainstream services.’

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The Independent, 4th August 2019

Source: www.independent.co.uk

Court of Appeal allows possession despite landlord’s failure to carry out a PSED assessment – Local Government Lawyer

Posted August 2nd, 2019 in disabled persons, equality, landlord & tenant, news, repossession by tracey

‘A housing association has been granted possession of a property despite not undertaking an assessment under the Public Sector Equality Duty (PSED) before issuing the claim for possession because the outcome would have been no different had it done so, the Court of Appeal has ruled.’

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Local Government Lawyer, 1st August 2019

Source: www.localgovernmentlawyer.co.uk

Capacity to consent to sexual relations: obscurity illuminated? – Transparency Project

‘The intimate life of a woman, who is known to the public only by the initials NB, is the subject of a case in the Court of Protection which attracted headlines earlier this year. A further judgment has recently been published, following an interim judgment published in May.’

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Transparency Project, 23rd July 2019

Source: www.transparencyproject.org.uk

Council defeats judicial review challenge over changes to school transport and SEN transport policies – Local Government Lawyer

‘Leicestershire County Council has defeated a High Court challenge brought by a 17-year-old, severely disabled girl over proposed changes to its school transport policies.’

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Local Government Lawyer, 22nd July 2019

Source: www.localgovernmentlawyer.co.uk

Two million of UK’s lowest-paid may get statutory sick pay – The Guardian

Posted July 15th, 2019 in consultations, disabled persons, health, news, remuneration, sick leave by tracey

‘Two million low-paid workers may for the first time be entitled to statutory sick pay under proposals that the government hopes will also encourage more people with disabilities and long-term conditions back into work.’

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The Guardian, 15th July 2019

Source: www.theguardian.com

Tribunal rejects paralegal’s disability discrimination claim – Legal Futures

‘An employment tribunal has comprehensively rejected a disability discrimination claim brought by a paralegal who worked for well-known personal injury firm Ralli.’

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Legal Futures, 5th July 2019

Source: www.legalfutures.co.uk

Court of Protection issues ruling in test case on appointment of personal welfare deputies – Local Government Lawyer

‘A Court of Protection judge has clarified the circumstances in which family members may become personal welfare deputies for people aged over 18, calling for the Code of Practice under the Mental Capacity Act 2005 to be redrafted.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Ombudsman urges councils to check procedures when dealing with people with ‘hidden disabilities’ – Local Government Lawyer

Posted July 3rd, 2019 in disabled persons, local government, London, news, ombudsmen, reports by sally

‘The Local Government & Social Care Ombudsman has called on councils to check their procedures to avoid disadvantaging people with ‘hidden disabilities’, following the publication of three separate investigation reports into London councils.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

‘Councils Cannot Blame Funding For Special Educational Needs Failures’, High Court Told – Rights Info

‘A lack of funding gives councils “no excuse” for failing to meet their legal duty to children with special educational needs and disabilities (SEND), a court has heard.’

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Rights Info, 27th June 2019

Source: rightsinfo.org

Ombudsman urges county council to bring its assessments into line with Care Act 2014 – Local Government Lawyer

Posted June 26th, 2019 in disabled persons, duty of care, local government, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman has called on Somerset County Council to put in place the recommendations he has made to bring its assessments into line with the requirements of the Care Act.’

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Local Government Lawyer, 24th June 2019

Source: www.localgovernmentlawyer.co.uk

High Court considers Article 2 inquests in medical cases – UK Human Rights Blog

‘A three-judge panel of the Divisional Court has re-affirmed that, in general, medical inquests do not engage the State’s positive obligations under Article 2 of the European Convention on Human Rights.’

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UK Human Rights Blog, 21st May 2019

Source: ukhumanrightsblog.com

‘Broken’ care system for most vulnerable – BBC News

‘Patients with mental health problems, autism and learning disabilities are being let down by a “broken” care system, a report warns.’

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BBC News, 21st May 2019

Source: www.bbc.co.uk

New Acts – legislation.gov.uk

2019 c. 18 – Mental Capacity (Amendment) Act 2019

2019 c. 17 – Offensive Weapons Act 2019

Source: www.legislation.gov.uk

Judge spikes PI claim from ‘disabled’ victim over fundamental dishonesty – Law Society’s Gazette

‘The High Court has thrown out a personal injury claim – without letting the case go to full quantum trial – after the litigant presented an ‘egregiously untrue picture’ of his disabilities.’

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Law Society's Gazette, 16th May 2019

Source: www.lawgazette.co.uk

High Court hears judicial review challenge over proposed closure of day care centre – Local Government Lawyer

‘The High Court in Leeds is this week (13-14) hearing a judicial review challenge to Rotherham Metropolitan Borough Council’s decision to close a day care centre for adults with learning disabilities.’

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Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

Sight impaired voters and the secret of the ballot box – UK Human Rights Blog

‘How can someone who suffers from severely limited sight avail herself of the process for making a mark on a paper ballot under the Representation of the People Act 1983?’

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UK Human Rights Blog, 12th May 2019

Source: ukhumanrightsblog.com

Assisted suicide: Paul Lamb renews bid for right to die – BBC News

‘A man who lives with chronic and excruciating pain has begun a fresh legal challenge to the law that criminalises assisted suicide.’

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BBC News, 7th May 2019

Source: www.bbc.co.uk

CMC censured over ‘all birth injuries caused by negligence’ claim – Litigation Futures

‘The Advertising Standards Authority (ASA) has upheld a complaint against a claims management company whose advertising implied that birth injuries were only caused by medical negligence.’

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Litigation Futures, 1st May 2019

Source: www.litigationfutures.com

Tribunal rejects law firm’s bid to strike out disability claim – Legal Futures

‘An employment tribunal has said it would be “wholly inappropriate” to strike out a disability discrimination claim against a law firm from a legal secretary suffering from depression.’

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Legal Futures, 2nd May 2019

Source: www.legalfutures.co.uk