Council agrees to re-house disabled woman after Ombudsman investigation – Local Government Lawyer

Posted August 19th, 2016 in disabled persons, housing, local government, news by tracey

‘A London borough has agreed to re-house a disabled woman and her family after errors were made in processing her housing application.’

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Local Government Lawyer, 18th August 2016

Source: www.localgovernmentlawyer.co.uk

Councillor wins battle with parish over failure to provide reading aid – Local Government Lawyer

‘A parish council discriminated against a councillor with visual impairment by failing to provide him with reading aids to carry out his duties. That finding has come following six employment tribunal hearings in Bedford and Huntingdon between November 2015 and May 2016 concerning former Brixworth parish councillor Stephen Pointer.’

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Local Government Lawyer, 3rd August 2016

Source: www.localgovernmentlawyer.co.uk

Loose Women cleared over Katie Price’s son swearing – BBC News

Posted August 2nd, 2016 in codes of practice, disabled persons, media, news, obscenity by tracey

‘Loose Women has been cleared by Ofcom over an incident which saw Katie Price’s disabled son, Harvey, swear live on air.’

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BBC News, 1st August 2016

Source: www.bbc.co.uk

Hate crime guidance for prosecutors to deal with social media – Law Society’s Gazette

‘Social media communications will be the subject of new guidance issued to prosecutors as part of the government’s action plan to tackle hate crime following an increase in the number of incidents.’

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Law Society’s Gazette, 26th July 2016

Source: www.lawgazette.co.uk

A part of inclusion? Disabled people and the right to a fair hearing – Cloisters

‘John Horan considers two recent cases that highlighted particular difficulties that disabled people face in obtaining a fair hearing before the courts. Both cases (Rackham v NHS Professionals Ltd and Galo v Bombardier Aerospace UK) provide a common-sense framework of considerations which a court or tribunal must bear in mind. The second, Galo, identifies the need for better training for judges and legal practitioners in Northern Ireland as to the requirements of disabled people.’

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Cloisters, 19th July 2016

Source: www.cloisters.com

Criminal injuries compensation – Law Society’s Gazette

‘The courts have tackled the issue of compensation for criminal injuries inflicted before birth.’

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Law Society’s Gazette, 25th July 2016

Source: www.lawgazette.co.uk

Severely disabled baby should be allowed to die, judge rules – The Guardian

Posted July 25th, 2016 in children, disabled persons, medical treatment, news by sally

‘A severely disabled baby who has been on a ventilator since he was 18 minutes old should be allowed to die, a high court judge has ruled.’

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The Guardian, 22nd July 2016

Source: www.guardian.co.uk

Barristers still face flexible working penalty – The Bar Council

‘The Bar Council has launched a new flexible working guide for chambers, which includes proposals for possible rent reductions for those barristers seeking to work reduced hours or away from chambers because of care responsibilities.’

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The Bar Council, 19th July 2016

Source: www.barcouncil.org.uk

Disabled people ‘treated like second-class citizens’ – watchdog – BBC News

Posted July 20th, 2016 in disability discrimination, disabled persons, equality, news by tracey

‘People with disabilities are being treated like second class citizens, the UK’s equality watchdog has said.’

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BBC News, 19th July 2016

Source: www.bbc.co.uk

Prosecutions for hate crimes against disabled people surge by more than 40 per cent in a year – Daily Telegraph

‘The number of prosecutions for hate crimes against disabled people has surged by 41.3 per cent in the last year.’

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Daily Telegraph, 13th July 2016

Source: www.telegraph.co.uk

And There Lurks the Minotaur: The Interrelationship Between the Inherent Jurisdiction and Section 25, CA 1989: Part II – Family Law Week

‘Alex Laing, barrister of Coram Chambers, considers further the interrelationship of secure accommodation and the inherent jurisdiction and the principles which should govern its use.’

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Family Law Week, 8th July 2016

Source: www.familylawweek.co.uk

The Disabled Child: State Provision of Care & Education, and the Implications for a Civil Claim – Byrom Street Chambers

‘This paper seeks to outline:
a. Local Authority (“LA”) obligations to provide care or other services to children under the Children Act 1989 and the Chronically Sick and Disabled Persons Act 1970
b. LA obligations under the Children and Families Act 2014 in relation to special educational needs and disability.’

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Byrom Street Chambers, 14th June 2016

Source: www.byromstreet.com

Parents with disabilities – Park Square Barristers

‘It is entirely common for care proceedings to involve parents with learning disabilities or difficulties. This case is essential reading for all practitioners involved in such cases. It sets out the expectations on the state (inevitably through a local authority) to provide support to such parents in caring for their children.’

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Park Square Barristers, 23rd June 2016

Source: www.parksquarebarristers.co.uk

Agoraphobic can be sedated and taken from home to undergo eye surgery, judge rules – Daily Telegraph

‘An agoraphobic woman can be sedated and taken from the home she has hardly left for many years so doctors can perform an eye operation, a judge has ruled.’

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Daily Telegraph, 7th July 2016

Source: www.telegraph.co.uk

Boy left with brain injuries at birth receives £11m compensation – The Guardian

‘The mother of a boy who was born with brain injuries after medical staff failed to notice his slowing heartbeat during labour has said she hopes she can provide a better quality of life for her son after receiving £11m in a high court settlement with the NHS.’

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The Guardian, 6th July 2016

source: www.guardian.co.uk

Disabled claimant given green light to challenge cuts to care package – Local Government Lawyer

Posted June 15th, 2016 in community care, disabled persons, local government, news by sally

‘A High Court judge has given a disabled man permission to bring a legal challenge against a county council after it decided to reduce his care package.’

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Local Government Lawyer, 14th June 2016

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear ‘wheelchair vs buggy’ bus case – BBC News

‘A case that will determine whether bus companies should make people with pushchairs and others move from buses’ disabled spaces will be heard at the Supreme Court later.’

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BBC News, 15th June 2016

Source: www.bbc.co.uk

Airlines criticised over payouts for damaged wheelchairs – The Guardian

Posted June 14th, 2016 in airlines, compensation, damages, disabled persons, equality, news by sally

‘Britain’s equality watchdog has criticised British airlines and British Airways (BA) in particular – for their treatment of disabled customers as legal action is taken by an actor over alleged damage to her wheelchair.’

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The Guardian. 13th June 2016

Source: www.guardian.co.uk

Southern Health trust accepts responsibility for teenager’s death – The Guardian

Posted June 10th, 2016 in compensation, disabled persons, hospitals, negligence, news by sally

‘The family of an 18-year-old man who drowned following an epileptic seizure while under the care of Southern Health NHS foundation trust has been awarded £80,000 compensation.’

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The Guardian, 9th June 2016

Source: www.guardian.co.uk

Staffordshire County Council v K and others – WLR Daily

Staffordshire County Council v K and others [2016] EWCOP 27

‘An incapacitated adult (“K”), who had been severely injured in a road traffic accident, was awarded substantial damages in court proceedings which were used by his property and affairs deputy, a private trust corporation, to provide a specially adapted residence and to fund the regime of care and support provided by private sector providers. The local authority, having been informed of the arrangements for K’s care and the arrangements having been registered with the Care Quality Commission, applied to the Court of Protection for a welfare order under section 16 of the Mental Capacity Act 2005. The parties accepted that the arrangements constituted a deprivation of liberty satisfying two of three components of a deprivation of liberty within article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, but the Secretary of State contended that the third component, namely the attribution of responsibility to the state, did not apply to the privately funded and arranged care regime (and to others in an equivalent position), so that the care regime could lawfully be put in place without a welfare order being made under the Act.’

WLR Daily, 25th May 2016

Source: www.iclr.co.uk