5,000 disabled adults sexually abused in past two years, NSPCC says – The Guardian
‘Almost 5,000 disabled adults have been sexually abused in England in the past two years, figures have shown.’
The Guardian, 18th May 2015
Source: www.guardian.co.uk
Category: disabled persons
In re MN (An Adult) (Court of Protection: Jurisdiction) – WLR Daily
In re MN (An Adult) (Court of Protection: Jurisdiction): [2015] EWCA Civ 411; [2015] WLR (D) 208
‘The function of the Court of Protection was to take, on behalf of adults who lacked capacity, the decisions which, if they had capacity, they would take themselves. The Court of Protection was thus confined to choosing between available options, including those which there was good reason to believe would be forthcoming in the foreseeable future and, in the final analysis, could not compel a public authority to agree to a care plan which the authority was unwilling to implement.’
WLR Daily, 7th May 2015
Source: www.iclr.co.uk
Salford Royal Hospital: Woman awarded £8m after NHS blunder – BBC News
‘A pregnant woman left brain damaged after her heart was accidentally punctured during an NHS operation has won an £8m compensation pay-out.’
BBC News, 5th May 2015
Source: www.bbc.co.uk
Assisted suicide review granted by High Court judges – BBC News
‘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
Key highlights from record-breaking court awarded clinical negligence trial – Cloisters
‘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
Life Expectancy, Expert Evidence, the Strauss Tables and the Relevance of the Quality of Care: Detailed Consideration by the High Court – Zenith PI Blog
‘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
Deprivation of liberty guidance clarifies rules – Law Society’s Gazette
‘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
The Care Act 2014: Charging for Care and Support – Doughty Street Chambers
‘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
The Care Act 2014: Carer’s Needs and Eligibility – Doughty Street Chambers
‘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
Safeguarding and the Care Act 2014 – Doughty Street Chambers
‘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
Introduction to the Care Act 2014 – Doughty Street Chambers
‘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
The Care Act 2014: Overview of the Act and the New “General Responsibilities – Doughty Street Chambers
‘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
The Care Act 2014: Care Planning – Doughty Street Chambers
‘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
The Care Act 2014: Eligibility Criteria, Duties and Powers in Respect of Adults in Need of Care and Support – Doughty Street Chambers
‘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
The Care Act 2014: The Duty to Assess Need – Doughty Street Chambers
‘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
High Court finds council policy on disability living allowance and DHPs “unlawful” – Local Government Lawyer
‘ 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
Care system gets ‘biggest shake-up in 60 years’ – BBC News
‘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
Discretionary Housing Payments – the trouble with DLA – Nearly Legal
‘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
Supreme Court considers tests for justification under s15 Equality Act 2010 and Article 8 ECHR in a housing eviction case against a disabled tenant – Cloisters
‘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
