Soldier injured in Iraq grenade attack wins benefit battle – The Guardian

Posted January 30th, 2013 in armed forces, benefits, carers, disabled persons, news, tribunals by sally

“An injured soldier left suicidal after being falsely accused of benefit fraud has won an appeal against a decision to cut a £70-a-month carers’ allowance for his wife.”

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The Guardian, 29th January 2013

Source: www.guardian.co.uk

Barnet’s ‘easyCouncil’ faces judicial review over outsourcing – The Guardian

“The ‘easyCouncil’ model of no-frills local services is set to go on trial this spring after the High Court announced it will review a £320m services contract due to be outsourced by the Conservative-controlled London Borough of Barnet.”

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The Guardian, 22nd January 2013

Source: www.guardian.co.uk

Woman with learning difficulties can decide own pregnancy fate, court rules – The Guardian

“A young woman with learning difficulties who faced the prospect of a court deciding if her pregnancy should be terminated has the capacity to decide herself, the high court has ruled.”

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The Guardian, 10th January 2013

Source: www.guardian.co.uk

Doctors seek court order to carry out abortion on mentally disabled woman – Daily Telegraph

“Doctors are applying for a court order to allow them to carry out an abortion on a mentally disabled woman without her consent.”

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Daily Telegraph, 7th January 2013

Source: www.telegraph.co.uk

Disabled man takes government to court over benefit test – The Guardian

Posted December 14th, 2012 in benefits, disabled persons, judicial review, news by tracey

“A disabled man who was incorrectly found fit for work under the government’s disability benefit assessment is launching a legal action against the government and Atos, the private company performing the tests.”

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The Guardian, 13th December 2012

Source: www.guardian.co.uk

Hospitals’ disabled parking charges may be ‘unlawful’ – BBC News

Posted December 7th, 2012 in disabled persons, equality, hospitals, news, parking by sally

“Hospitals charging disabled drivers to park could be in breach of the law, a leading lawyer says.”

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BBC News, 7th December 2012

Source: www.bbc.co.uk

Triumph of substance over form – Hardwicke Chambers

“In Pieretti v. LB Enfield [2011] 2 All ER 642 the Court of Appeal held that a local authority in exercising its powers under Part VII Housing Act 1996 (Homelessness) was carrying out a ‘function’ for the purposes of s.49A. It was therefore an obligation on the Local Authority to have ‘due regard’ to the factors set out in the section and, in the case of homelessness, in particular to have ‘due regard’ to ‘the need to take steps to take account of disabled persons’ disabilities’. Moreover, this duty arose irrespective of whether or not the applicant, or their advisers, had raised disability as an issue.”

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Hardwicke Chambers, 30th November 2012

Source: www.hardwicke.co.uk

Samin v Westminster City Council – WLR Daily

Posted November 23rd, 2012 in benefits, disabled persons, EC law, homelessness, housing, immigration, law reports by tracey

Samin v Westminster City Council: [2012] EWCA Civ 1468;   [2012] WLR (D)  336

“A migrant worker from another EU member state who could not establish that he was temporarily unable to work as a result of illness or accident within regulation 6(2)(a) of the Immigration (European Economic Area) Regulations 2006 was not entitled to housing provision from a local authority as a homeless person under Part VII of the Housing Act 1996.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Deja Vu All Over Again (and again) – NearlyLegal

Posted November 23rd, 2012 in benefits, disabled persons, EC law, homelessness, housing, immigration, news by tracey

“In Samin v Westminster CC [2012] EWCA Civ 1468, the Court of Appeal had to decide what was meant by someone being ‘temporarily unable to work’ so as to determine if Mr Samin retained his status as a ‘worker’ under the Immigration (European Economic Area) Regulations 2006.”

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NearlyLegal, 22nd November 2012

Source: www.nearlylegal.co.uk/blog/

Keynote address – Lord Neuberger of Abbotsbury, President of the Supreme Court

Posted November 1st, 2012 in barristers, disabled persons, equality, judges, news, speeches by sally

Keynote address (PDF)

Lord Neuberger of Abbotsbury, President of the Supreme Court

The Bar Council’s Disability Conference, 31st October 2012

Source: www.supremecourt.gov.uk

Top Gear: Jeremy Clarkson’s Elephant Man joke ruled offensive – The Guardian

Posted October 1st, 2012 in codes of practice, complaints, disabled persons, media, news by sally

“The BBC Trust has ruled that Jeremy Clarkson’s joke comparing a Japanese car to the Elephant Man was offensive to people with facial disfigurements, and criticised Top Gear’s production team for a ‘regrettable lapse of editorial judgment’.”

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The Guardian, 1st October 2012

Source: www.guardian.co.uk

Disabled prisoners’ lives put at risk by poor care and treatment in jail – The Guardian

Posted September 19th, 2012 in disabled persons, medical treatment, news, prisons, statistics by sally

“The plight of a man who had to be rushed to hospital hours after arriving in jail highlights the limitations of prison care.”

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The Guardian, 18th September 2012

Source: www.guardian.co.uk

Down’s syndrome patient challenges resuscitation order – BBC News

“A man with Down’s syndrome is suing an NHS trust over a hospital’s decision to issue a do-not-resuscitate order giving his disability as one of the reasons.”

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BBC News, 13th September 2012

Source: www.bbc.co.uk

Local Government Law Update – 11 KBW

Local Government Law Update: 28 August (PDF)

11 KBW, 28th August 2012

Source: www.11kbw.com

GB cyclist Simon Richardson: Crash driver Adams jailed – BBC News

Posted August 30th, 2012 in alcohol abuse, bicycles, dangerous driving, disabled persons, news, sentencing by tracey

“A drunk driver who ploughed into and critically injured a Paralympic champion cyclist who was out training for the 2012 Games has been jailed.”

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BBC News, 30th August 2012

Source: www.bbc.co.uk

JL and the Second Bite of the Cherry – NearlyLegal

“There now follows a judicial review of the decision to enforce the possession order made in that claim: JL v SS for Defence [2012] EWHC 2216 (Admin) [not yet on Bailii], heard by Justice Simler QC on 30/7/2012.”

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NearlyLegal, 27th August 2012

Source: www.nearlylegal.co.uk/blog/

UK judge says ‘forced marriage’ of disabled woman should be annulled – BBC News

Posted August 17th, 2012 in disabled persons, forced marriages, learning difficulties, news by sally

“A judge has said the arranged marriage of a UK woman of Bangladeshi origin, who is disabled and has severe learning difficulties, should be annulled.”

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BBC News, 16th August 2012

Source: www.bbc.co.uk

Disability hate crime is at its highest level since records began – The Guardian

“There were 1,942 recorded incidents of disability hate crime in England and Wales in 2011, an increase of more than 25% on the total for 2010 and the highest since this data was first recorded in April 2010.”

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The Guardian, 14th August 2012

Source: www.guardian.co.uk

Should we be using ‘special’ offences to prosecute crimes against disabled people? – UK Human Rights Blog

“Eleven Winterbourne View staff have pleaded guilty to 38 charges of ill-treatment and neglect of a mental health patient under s127 Mental Health Act 1983 (MHA). In this post I want to consider why we need ‘special’ offences like s127 MHA and also s44 Mental Capacity Act 2005 (MCA), rather than prosecuting crimes in care settings using more ‘mainstream’ offences.”

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UK Human Rights Blog, 14th August 2012

Source: www.ukhumanrightsblog.com

Public Law and Article 8 at Eviction Stage – Hardwicke Chambers

Posted August 14th, 2012 in armed forces, disabled persons, housing, news, repossession by sally

“On 30th July 2012 Ingrid Simler QC, sitting as a Deputy High Court Judge, handed down judgment in JL-v- (1) Secretary of State for Defence (2) Leeds City Council (Interested Party) [2012] EWHC 2216 (Admin).”

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Hardwicke Chambers, 6th August 2012

Source: www.hardwicke.co.uk