Challenge to Birmingham City Council’s policy to charge disabled persons for services at the statutory maximum fails – Landmark Chambers

‘The claimant (C) was a severely disabled young man who had never worked and was never going to. He sought to challenge Birmingham’s policy of recovering the maximum amount of the cost of his care even though a greater proportion of his income was recovered compared to an individual who required care but could work.’

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Landmark Chambers, 10th May 2024

Source: www.landmarkchambers.co.uk

Defining “disability” in serious injury litigation – Exchange Chambers

Posted June 12th, 2024 in chambers articles, damages, disabled persons, news, personal injuries by sally

‘In catastrophic injury litigation, there is often no dispute about “disability”. However, for the category claimants who sustain life changing injuries but are able to return to work in some form, a key issue in the claim is likely to be whether they are “disabled” for the purposes of an Ogden calculation of future earning capacity.’

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Exchange Chambers, 20th May 2024

Source: www.exchangechambers.co.uk

Parents win fresh hearing of claim of failure to make reasonable adjustments to delivery of curriculum – Local Government Lawyer

‘The First Tier Tribunal “materially erred in law” in its determination of reasonable adjustments claims brought by parents in relation to their daughter.’

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Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Women who murdered Sheffield man in ‘vicious’ attack given life sentences – The Guardian

Posted June 6th, 2024 in disabled persons, learning difficulties, murder, news, sentencing by sally

‘Two “sadistic” women who murdered a man with learning disabilities in an attack in which they falsely accused him of being a paedophile have been given life sentences.’

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The Guardian, 5th June 2024

Source: www.theguardian.com

Charging disabled persons for services – Local Government Lawyer

‘A recent challenge to Birmingham City Council’s policy to charge disabled persons for services at the statutory maximum has failed. Joe Thomas explains why.’

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Local Government Lawyer, 31st May 2024

Source: www.localgovernmentlawyer.co.uk

Council and Official Solicitor fail in appeal over administration of covert medication to young woman – Local Government Lawyer

‘The Court of Appeal has dismissed appeals brought by a local authority and the Official Solicitor challenging final declarations made by a Court of Protection judge that it was in a young woman’s best interests to cease to be given covert medication, and to leave her current placement to return to live with her mother.’

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Local Government Lawyer, 31st May 2024

Source: www.localgovernmentlawyer.co.uk

Section 23 Care Act and a need for accommodation – Nearly Legal

‘Campbell, R (On the Application Of) v London Borough of Ealing (2024) EWCA Civ 540. This was an appeal from a judicial review of Ealing’s decision in May 2022 to end funding for Mr Campbell’s temporary bed and breakfast accommodation that had been provided by Social Services since 2016. Mr C had been placed in temporary accommodation in Ealing’s area by LB Hillingdon under Part VII Housing Act 1996. Hillingdon then apparently discharged duty. Ealing Social Services then took over funding the accommodation (and various subsequent temporary accommodation) on, they said, the basis that it was “exercising its statutory power under s.19(3) Care Act 2014 to provide care and support in the form of accommodation pending a needs assessment”.’

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Nearly Legal, 28th May 2024

Source: nearlylegal.co.uk

Deaf man awarded £50,000 damages after mistreatment by jobcentre officials – The Guardian

‘A profoundly deaf man has been awarded £50,000 damages after a judge ruled he was subjected to a “character assassination” by hostile jobcentre officials, who refused to provide him with specialist help to find work.’

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The Guardian, 28th May 2024

Source: www.theguardian.com

Neurodiversity in academic misconduct: considerations for accessibility, equity and inclusion – Kingsley Napley Regulatory Blog

‘As artificial intelligence technologies (“AI”) progress, universities face heightened pressure to detect and address academic dishonesty, including plagiarism and collusion. Receiving an allegation of academic misconduct is a difficult experience for any student, but for neurodivergent students, this process can add layers of complexity and emotional strain.’

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Kingsley Napley Regulatory Blog, 20th May 2024

Source: www.kingsleynapley.co.uk

Disabled benefit claimants may have been mistreated – BBC News

Posted May 23rd, 2024 in benefits, disabled persons, equality, news, social security by sally

‘The government is being investigated by the equalities watchdog over claims that its treatment of disabled benefits claimants may have broken the law.’

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BBC News, 22nd May 2024

Source: www.bbc.co.uk

Inquiry to begin into DWP’s treatment of ill and disabled people on benefits – The Guardian

‘The treatment of chronically ill and disabled people by welfare officials, including benefits decisions subsequently linked to the deaths of vulnerable claimants, is to be formally investigated by Britain’s human rights watchdog.’

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The Guardian, 22nd May 2024

Source: www.theguardian.com

Employees and mental health – Local Government Lawyer

‘Do you have to excuse poor behaviour from an employee with a mental health problem? That was the issue the tribunal had to decide in a recent case, reports Jo Moseley.’

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Local Government Lawyer, 17th May 2024

Source: www.localgovernmentlawyer.co.uk

Greater support for neurodivergent offenders in bid to cut crime – Ministry of Justice

‘Staff dedicated to helping neurodivergent offenders are now in place in all public prisons in England and Wales.’

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Ministry of Justice, 16th May 2024

Source: www.gov.uk

Supporting disability at the Bar is a work of A.R.T. – Counsel

‘The Bar is slowly addressing the barriers to attracting disabled talent, says Daniel Holt, but there are more ways chambers can authentically commit to disability inclusion.’

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Counsel, May 2024

Source: www.counselmagazine.co.uk

Woman who caused cyclist to fall into car’s path has manslaughter conviction quashed – The Guardian

Posted May 9th, 2024 in appeals, bicycles, disabled persons, homicide, news, road traffic by sally

‘A woman who shouted and waved at a cyclist, causing her to fall into the path of a moving car, has had her manslaughter conviction overturned.’

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The Guardian, 8th May 2024

Source: www.theguardian.com

Reasonable Adjustments: Trial Periods and the Burden of Proof – 3PB

‘Stephen Wyeth reviews Rentokil Initial UK Ltd v Miller [2024] EAT 37 which deals with the issue of whether trial periods can be a reasonable adjustment in the context of existing case law and offers some useful discussion about how the burden of proof shifts in such cases.’

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3PB, 26th March 2024

Source: www.3pb.co.uk

Universal Credit, transitional protection and temporary accommodation – Nearly Legal

‘Secretary of State for Work and Pensions v JA (2024) UKUT 52 (AAC) (UTJ Church). This important Upper Tribunal decision holds that universal credit claimants leaving supported or temporary accommodation have been unlawfully losing ‘transitional protection’ due to the discriminatory effect of the Universal Credit (Transitional Provisions) Regulations 2014. It also holds that affected claimants can obtain a remedy through tribunal appeals.’

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Nearly Legal, 23rd April 2024

Source: nearlylegal.co.uk

Council managing its premises is not providing a service for Equality Act 2010 purposes – Nearly Legal

‘FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin). This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC’s failure to make physical adaptations to a flat occupied by RBKC’s tenant, Ms FG, to meet her disability related needs.’

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Nearly Legal, 14th April 2024

Source: nearlylegal.co.uk

Ashton-under-Lyne car thief jailed for kidnap of blind passenger – BBC News

‘A man who stole a car while a vulnerable 89-year-old passenger was inside it has been jailed.’

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BBC News, 15th April 2024

Source: www.bbc.co.uk

‘Guilty men have got away with it’: fears over rise of ‘sexsomnia’ defence in rape cases – The Guardian

‘Concerns that rare sleep disorder is being used as an ‘escape route’ in sexual offence trials prompt calls for safeguards to protect victims and the public.’

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The Guardian, 14th April 2024

Source: www.theguardian.com