‘Disability rights campaigners who say assisted suicide policy in England and Wales is too “liberal” have won permission to bring a legal challenge.’
BBC News, 28th April 2015
Source: www.bbc.co.uk
‘William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB).’
Cloisters, 10th April 2015
Source: www.cloisters.com
‘This Blog has already looked at the case of Robshaw -v- United Lincolnshire Hospital NHS Trust [2015] EWHC 923 (QB) in the context of judicial consideration of the basic principles of the law of damages. However the judgment of Mr Justice Foskett also contains some important observations in relation to life expectancy. In particular the approach to be taken when dealing with evidence from experts and statistical analysis.’
Zenith PI Blog, 12th April 2015
Source: www.zenithpi.wordpress.com
‘The Law Society has today issued new guidance on deprivation of liberty safeguards (DOLS) to help lawyers meet an expected 10-fold surge in the number of legal challenges to DOLS over the coming year.’
Law Society’s Gazette, 9th April 2015
Source: www.lawgazette.co.uk
‘This paper considers the key changes introduced by the Care Act 2014 (“the Act”) in
relation to charging for care and support, including deferred payments. (It does not
set out each element of the charging scheme, much of which is unchanged).’
Full story (PDF)
Doughty Street Chambers, March 2015
Source: www.doughtystreet.co.uk
‘This paper considers the eligibility criteria in relation to carers under the Care
Act 2014 (“the Act”), and what duties and powers local authorities are under
to meet eligible needs. The eligibility provisions in the Act are augmented by
the Care and Support Statutory Guidance of October 2014 (“the Guidance”),
Chapter 6, Assessment and eligibility.’
Full story (PDF)
Doughty Street Chambers, March 2015
Source: www.doughtystreet.co.uk
‘This paper provides a brief overview of the provisions of the Care Act 2014
(“CA 2014”) and accompanying guidance directed at safeguarding vulnerable
adults.’
Full story (PDF)
Doughty Street Chambers, March 2015
Source: www.doughtystreet.co.uk
‘This paper deals with the following issues:
a. Establishing ordinary residence
b. Dispute resolution mechanism
c. Financial adjustment between local authorities
d. Prisoners
e. Challenges and appeals.’
Full story (PDF)
Doughty Street Chambers, March 2015
Source: www.doughtystreet.co.uk
‘This paper gives an overview of the structure and objectives of the Care Act
2014 (“the Act”). It also considers the new “general responsibilities” on local
authorities set out in sections one to seven of the Act.’
Full story (PDF)
Doughty Street Chambers, March 2015
Source: www.doughtystreet.co.uk
‘This section deals with the law when local authorities are required or have
decided to meet the needs of adults who need care and support or support
(carers). As they are not yet in force the rules which are specific to selffunders and the ‘care-cost cap” have been left out. ‘
Full story (PDF)
Doughty Street Chambers, March 2015
Source: www.doughtystreet.co.uk
‘This section deals with the eligibility criteria and the powers and duties in respect of adults in need of ‘care and support’. The new powers and duties in relation to those who provide adults with care are dealt with separately.’
Full story (PDF)
Doughty Street Chambers, March 2015
Source: www.doughtystreet.co.uk
‘This paper considers the duties to undertake assessments of care needs in the Care
Act 2014 (“the Act”), including the primary duty under section 9, the duty to assess
carers under section 10; the transition assessment duties and the out of area
transfer duties under sections 58 and 37 respectively.’
Full story (PDF)
Doughty Street Chambers, March 2015
Source: www.doughtystreet.co.uk
‘ local authority’s policy of taking into account the care component of disability living allowance when assessing the amount of a discretionary house payment (DHPs) was unlawful, a High Court judge has ruled.’
Local Government Lawyer, 31st March 2015
Source: www.localgovernmentlawyer.co.uk
‘Major changes to the care system in England are being introduced in what is being dubbed the biggest shake-up for 60 years.’
BBC News, 1st April 2015
Source: www.bbc.co.uk
‘Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability Living Allowance into account as income when deciding on an award of Discretionary Housing Payments. This judicial review concerned Sandwell Council’s policy of doing just that. The implications are clearly of significance for other councils, and will potentially impact many disabled people faced with the bedroom tax.’
Nearly Legal, 30th March 2015
Source: www.nearlylegal.co.uk
‘The Supreme Court handed down its decision yesterday in Akerman-Livingstone v. Aster Communities Ltd (formerly Flourish Homes Ltd) [2015] UKSC 15 in which it considered the test of justification for discrimination under section 15 of the Equality Act 2010 (the EqA) as compared with justification for Article 8 of the Convention.’
Cloisters, 12th March 2015
Source: www.cloisters.com
‘In the recent case of A (A Child) v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB) the claimant was awarded the cost of installing a hydrotherapy pool in her home. Here we look at the circumstances in which a defendant will be ordered to pay such expensive costs.’
Cloisters, 9th March 2015
Source: www.cloisters.com
‘A disabled adult has successfully challenged in the High Court aspects of a county council’s policy on charging for adult non-accommodation services.’
Local Government Lawyer, 5th March 2015
Source: www.localgovernmentlawyer.co.uk
‘It is now known that 60 people from Stoke Mandeville hospital were abused by Jimmy Savile. But will they and his other victims receive compensation? And where will the money come from?’
Daily Telegraph, 26th February 2015
Source: www.telegraph.co.uk
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