Capacity to use the internet – Transparency Project

‘Two recent judgments in the Court of Protection sparked the usual inaccurate headlines suggesting that the court had ridden roughshod over the rights of adults with learning difficulties to access the internet, and more specifically social media. In particular this one from The Times stood out: Social workers can stop vulnerable people using social media.’

Full Story

Transparency Project, 9th March 2019

Source: www.transparencyproject.org.uk

CQC rebuked for failure to prosecute charity over care home abuse – The Guardian

‘The health and social care regulator has been heavily criticised for issuing only a fixed penalty notice to a charity that ran a care home where autistic people were taunted, bullied and humiliated.’

Full Story

The Guardian, 10th March 2019

Source: www.theguardian.com

Surrogacy and HFEA update: February 2019 – Family Law

‘Andrew Powell, barrister, 4 Paper Buildings, considers recent developments relating to surrogacy law, including new guidance, as well as recent cases.’

Full Story

Family Law, 1st March 2019

Source: www.familylawweek.co.uk

Taxi driver loses appeal over conviction for making additional charge of wheelchair user – Local Government Lawyer

‘A taxi driver has lost an appeal over his conviction of an offence under the Equality Act 2010 of making an additional charge for a disabled person in a wheelchair.’

Full Story

Local Government Lawyer, 28th February 2019

Source: www.localgovernmentlawyer.co.uk

Equality Act – Local Government Law

‘McNutt v Transport for London [2019] EWHC 365 (Admin) was an appeal by way of case stated against a decision of Hendon Magistrates Court to find Mr McNutt, guilty of the offence contrary to Section 165(7) of the Equality Act 2010 (“the EA 2010”). It raised an important point of statutory construction in relation to the duty, pursuant to Section 165(1)(a) and Section 165(4)(b) of the EA 2010 on the driver of a taxi which has been hired by or for a disabled person in a wheelchair “not to make any additional charge for doing so”. By Section 165(7), it is a criminal offence to make such an additional charge.’

Full Story

Local Government Law, 25th February 2019

Source: local-government-law.11kbw.com

Mental capacity for handling the internet: Court of Protection – UK Human Rights Blog

‘A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2. In this case Cobb J was asked to make declarations under the Mental Capacity Act 2005 regarding a learning disabled man’s capacity to use the internet and social media.’

Full Story

UK Human Rights Blog, 27th February 2019

Source: ukhumanrightsblog.com

Taxi driver who refused guide dog loses licence – BBC News

Posted February 8th, 2019 in disability discrimination, disabled persons, dogs, licensing, news, taxis by sally

‘A taxi driver who refused to pick up a blind couple and their guide dog has lost his licence.’

Full Story

BBC News, 7th February 2019

Source: www.bbc.co.uk

Sacked 88-year-old hospital secretary becomes oldest person ever to win age discrimination case – Daily Telegraph

‘An 88-year-old hospital secretary has become the oldest person ever to win an age discrimination case after she was marched out her office and later dismissed over “frality” claims.’

Full Story

Daily Telegraph, 6th February 2019

Source: www.telegraph.co.uk

UK Benefits System Fails Mentally Ill Claimants ‘Disproportionately’ By Refusing Benefits – Rights Info

Posted January 23rd, 2019 in benefits, disabled persons, mental health, news by sally

‘The UK benefits system’s Disability Living Allowance (DLA) has been designed to support people living with disabilities – but handouts may be unfairly benefiting claimants with physical injuries over those with mental illnesses.’

Full Story

Rights Info, 22nd January 2019

Source: rightsinfo.org

DWP acted ‘perversely’ in sacking of disabled woman, judge finds – The Guardian

‘A disabled woman was discriminated against when she was unfairly sacked by the Department for Work and Pensions, which behaved in a “perverse” and “blinkered” manner, a judge has found.’

Full Story

The Guardian, 21st January 2019

Source: www.theguardian.com

Disability hate crime: Katie Price backed over online abuse by MPs – BBC News

Posted January 22nd, 2019 in disability discrimination, disabled persons, hate crime, inquiries, internet, news by sally

‘Self-regulation of social media “has failed disabled people”, according to MPs who have backed a petition calling for new laws, led by model Katie Price.’

Full Story

BBC News, 22nd January 2019

Source: www.bbc.co.uk

Homeless family ‘can’t use £500,000 trust fund’ – BBC News

‘A woman awarded £500,000 after being left with severe physical and mental disabilities is homeless after her mother was barred from buying them a home with the money.’

Full Story

BBC News, 14th January 2018

Source: www.bbc.co.uk

Parents to take government to High Court over special needs funding cuts – The Independent

Posted December 20th, 2018 in disabled persons, education, judicial review, news, special educational needs by tracey

‘A group of parents are taking the government to court over its lack of special educational needs and disabilities (SEND) funding which they say leave “thousands of children across the country in limbo”.

Full Story

The Independent, 19th December 2018

Source: www.independent.co.uk

Home Office trying to force two disabled children to leave country – The Guardian

‘The Home Office is trying to force two British-born children with lifelong and complex physical and mental disabilities out of Britain in a move which experts say breaches UK and UN law.’

Full Story

The Guardian, 12th December 2018

Source: www.theguardian.com

Girl starved of oxygen at birth gets £22m compensation from hospital – BBC News

Posted December 13th, 2018 in birth, children, compensation, disabled persons, families, hospitals, negligence, news, pregnancy by tracey

‘A girl starved of oxygen during birth who needs 24-hour care has been awarded compensation totalling £22m.’

Full Story

BBC News, 12th December 2018

Source: www.bbc.co.uk

Landlord fined £25,000 over lack of hot water for disabled tenant – The Guardian

‘The wife of Britain’s most controversial buy-to-let landlord, Fergus Wilson, has been ordered to pay £25,000 in fines and legal costs after a court ruled that she had failed to supply hot water to a disabled tenant.’

Full Story

The Guardian, 12th December 2018

Source: www.theguardian.com

How has the Wessely Review grappled with the CRPD? – Doughty Street Chambers

Posted December 11th, 2018 in disabled persons, human rights, interpretation, mental health, news by sally

‘A couple of weeks ago we held a seminar on how the UN Convention on the Rights of Persons with Disabilities (“CRPD”) could be argued in UK courts and tribunals. The seminar explored the approach that courts around the world have taken in citing and interpreting the CRPD. The judicial route is only one way for international law to trickle down into domestic law. Another obvious way to implement human rights is via law and policy reform.’

Full Story

Doughty Street Chambers, 6th December 2018

Source: insights.doughtystreet.co.uk

Families threaten county with legal action over cuts to services for disabled children – Local Government Lawyer

Posted December 10th, 2018 in budgets, children, disabled persons, education, local government, news by sally

‘Lawyers acting for families with disabled children have threatened Somerset County Council with a legal challenge over proposed cuts to services that would save £2m over the next two years.’

Full Story

Local Government Lawyer, 10th December 2018

Source: www.localgovernmentlawyer.co.uk

A tendency to physical abuse: Upper Tribunal clarifies scope of Equality Act in education context — Katie Ayres – UK Human Rights Blog

‘The Upper Tribunal decision in of C&C v Governing Body [2018] UKUT 269 (AAC) has provided important clarification to the scope of the Equality Act 2010 in an education context.’

Full Story

UK Human Rights Blog, 26th November 2018

Source: ukhumanrightsblog.com

The limits of doctors’ liability for wrongful birth – UK Human Rights Blog

‘Khan v MNX [2017] EWHC 2990 (QB). The Court of Appeal has held that a mother who consults a doctor in order to avoid the birth of a child with one disability may not recover damages for the costs associated with a different disability.’

Full Story

UK Human Rights Blog, 27th November 2018

Source: ukhumanrightsblog.com