Room use and Uratemp – NearlyLegal
‘A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over ‘room use’ as an argument.’
NearlyLegal, 17th March 2014
Source: www.nearlylegal.co.uk
Category: disabled persons
Why the human rights challenge to the ‘bedroom tax’ failed – Garden Court Chambers Blog
‘Desmond Rutledge examines why the Court of Appeal in MA and Others refused to apply the reasoning in Burnip to disabled adults in the social sector who need an extra bedroom.’
Garden Court Chambers, 17th March 2014
Source: www.gclaw.wordpress.com
Stott v Thomas Cook Tour Operators Ltd (Secretary of State for Transport intervening) – WLR Daily
‘The court could not award damages for distress and injury to feelings caused to a disabled passenger during flight in breach of Council Regulation (EC) No 1107/2006 (implemented in domestic law by the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007) since such an award was precluded by article 29 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 (“the Montreal Convention”), as adopted in the European Union by Council Regulation (EC) No 2027/97, as amended by article 3(1) of Parliament and Council Regulation (EC) No 889/2002, (“the Montreal Regulation”), and pursuant to the European Communities Act 1972, as amended.’
WLR Daily, 5th March 2014
Source: www.iclr.co.uk
Judge rejects bedroom tax unlawfully discriminates against disabled – Daily Telegraph
‘Judge rejects accusations that the so-called ”bedroom tax” unlawfully discriminates against the disabled.’
Daily Telegraph, 21st February 2014
Source: www.telegraph.co.uk
Regina (Cornwall Council) v Secretary of State for Health – WLR Daily
Regina (Cornwall Council) v Secretary of State for Health [2014] EWCA Civ 12; [2014] WLR (D) 80
‘When resolving questions as to the “ordinary residence” of an adult man suffering from multiple complex disabilities, the test whereby a person who was so severely handicapped as to be totally dependent on a parent was in the same position as a small child and his ordinary residence was that of his parents because that was his base, was not to be followed.’
WLR Daily, 18th February 2014
Source: www.iclr.co.uk
Hamnett v Essex County Council – WLR Daily
Hamnett v Essex County Council [2014] EWHC 246 (Admin); [2014] WLR (D) 72
‘The Administrative Court, hearing a claim for a statutory review brought under the Road Traffic Regulation Act 1984, did not have jurisdiction to investigate an alleged breach of section 29 of the Equality Act 2010.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
When is a bedroom not a bedroom? – Hardwicke Chambers
‘Iain Duncan Smith, the Work and Pensions Secretary, could be forgiven for thinking that 2014 is not shaping up to be a great year for him. In the last month, the list of tribunal decisions freeing tenants from the so-called bedroom tax has been growing ever larger.’
Hardwicke Chambers, 12th February 2014
Source: www.hardwicke.co.uk
When Best Interests Collide: A Protected Party, Protected Party’s Children and the Court of Protection – Family Law Week
‘Sarah Phillimore, barrister of St John’s Chambers, Bristol, and Daniela Nickols, associate solicitor with Mowbray Woodwards, analyse the recent case of X,Y, and Z [2014] EWHC 87 (COP) in which the Court of Protection considered the interplay between the best interests of a protected party and that party’s children.’
Family Law Week, 5th February 2014
Source: www.familylawweek.co.uk
High Court rules on provision of care for nomadic Gypsy/Traveller children – Halsbury’s Law Exchange
‘Marc Willers analyses the impact of a High Court ruling which gave an important judgment on the provision of care for nomadic Gypsy and Traveller children.’
Halsbury’s Law Exchange, 17th January 2014
Source: www.halsburyslawexchange.com
Ex-couple jailed for spending £450,000 of daughter’s disability fund on cars and jewels – The Independent
‘A divorced couple have been jailed after they stole almost £500,000 from their severely brain damaged daughter’s £2.6 million compensation fund, to finance their “greed and indulgence”.’
The Independent, 17th January 2014
Source: www.independent.co.uk
Deprivation of Liberty: current approach leaves vulnerable clients with limited protection, writes Laura Davidson – No. 5 Chambers
‘In P and Q v Surrey County Council & Others [2011] EWCA Civ 190, the Court of Appeal approved Parker J’s suggested new “relative normality” test for assessing whether or not someone was being deprived of their liberty. If someone’s disabilities and difficulties necessitate assistance which is a significant interference in their life regardless of where they reside, then they are living a relatively normal life ‘for them’. Thus the circumstances are unlikely to amount to a deprivation. This concept purports to emanate from Engel v Netherlands (1976) 1 EHRR 647, despite its focus on the limitations of the army regime upon a soldier’s lifestyle, rather than a person’s individual characteristics (see ‘Turning back the clock’, SJ Vol. 156, No. 22, 10-13).’
No. 5 Chambers, 9th December 2013
Source: www.no5.com
Employers must not ‘rubber stamp’ opinion of adviser on disability: CoA – Local Government Lawyer
‘Employers “cannot simply rubber stamp” an occupational health adviser’s opinion that an employee is not disabled, the Court of Appeal has ruled in a case involving a local authority.’
Local Government Lawyer, 11th December 2013
Source: www.localgovernmentlawyer.co.uk
Council ordered to fund support for disabled Roma boy when outside area – Local Government Lawyer
‘A High Court judge has ruled that a council has the power to provide support for a disabled child even when his Roma Gypsy family are working in different parts of the country and outside the council’s borders.’
Local Government Lawyer, 6th December 2013
Source: www.localgovernmentlawyer.co.uk
Tetraplegic student Andrew Risk paralysed after diving into 2ft of water loses damages claim against college – The Independent
’25-year-old had claimed his injury in June 2009 was caused by a breach of duty of care or negligence on the part of Rose Bruford College in Sidcup.’
The Independent, 6th December 2013
Source: www.independent.co.uk
Court to rule on wheelchairs or pushchairs to have priority on public transport – Daily Telegraph
‘One of the most senior judges in Britain has ruled that the Appeal Court needs to intervene in a long running dispute over whether wheelchair users or pushchair users should have priority on buses’
Daily Telegraph, 4th December 2013
Source: www.telegraph.co.uk
Bijan Ebrahimi murder: Lee James jailed for life – BBC News
‘A man has been jailed for life after admitting he murdered his disabled neighbour who had been wrongly branded a paedophile.’
BBC News, 28th November 2013
Source: www.bbc.co.uk
DWP says regulations implementing Gorry ruling in force next week – Local Government Lawyer
‘The Department of Work & Pensions has published a circular to local authorities confirming that new regulations implementing the Court of Appeal’s ruling in the Gorry case will come into force next week.’
Local Government Lawyer, 27th November 2013
Source: www.localgovernmentlawyer.co.uk
Council agrees to review practices on assessment of disabled children – Local Government Lawyer
‘A local authority has agreed to pay out £5,000 and review its practices so that its assessment of disabled children fulfils its statutory duties, following an investigation by the Local Government Ombudsman.’
Local Government Lawyer, 27th November 2013
Source: www.localgovernmentlawyer.co.uk
More children and housing duties – NearlyLegal
‘This was an an application for permission to appeal a judicial review decision on the interrelation of s.17 Children Act 1989, s.11 Children Act 2004 and the Housing Act 1996 parts 6 and 7.’
NearlyLegal, 24th November 2013
Source: www.nearlylegal.co.uk/blog/
Paddling pool victim seeks millions – Daily Telegraph
“Student Andrew Risk, who was paralysed after diving into 2ft of water, sues Rose Bruford drama school for ‘failing to control high jinx at summer ball’.”
Daily Telegraph, 20th November 2013
Source: www.telegraph.co.uk
