‘George Henderson was convicted of fraud and had to repay £19,500 in carer’s allowance years after ticking the wrong box on the form. He is not alone. The Guardian society editor, Patrick Butler, looks at why thousands are facing prosecution over innocent mistakes.’
The Guardian, 12th April 2024
Source: www.theguardian.com
‘A carer who says he was “dragged through the courts” and had to sell his home to pay back almost £20,000 in benefit overpayments is fighting to clear his name after the Department for Work and Pensions (DWP) acknowledged he made an innocent mistake.’
The Guardian, 12th April 2024
Source: www.theguardian.com
‘The High Court has rejected a judicial review challenge brought on behalf of a 12-year-old boy with special educational needs to one of the 22 consultation questions contained in the SEND Review, the Government’s consultation Green Paper.’
Local Government Lawyer, 26th March 2024
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has quashed a council’s decision in relation to the needs of a teenage boy, after it failed to assess “all relevant considerations” having departed from recommendations by the SEND tribunal.’
Local Government Lawyer, 20th March 2024
Source: www.localgovernmentlawyer.co.uk
‘AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin). This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster’s policy of sourcing temporary accommodation, which was claimed to indirectly discriminate against disabled people.’
Nearly Legal, 17th March 2024
Source: nearlylegal.co.uk
‘Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.’
Local Government Lawyer, 15th March 2024
Source: www.localgovernmentlawyer.co.uk
‘A 16-year-old girl with “significant and chronic disabilities” who died in squalor at her family home in rural mid-Wales did not have a care plan in place, a child practice review into her death has found.’
The Guardian, 14th March 2024
Source: www.theguardian.com
‘The Claimant/Appellant applied to the Employment Tribunal to be allowed to record a three-day preliminary hearing. The Employment Judge declined to grant the application as he was not satisfied with the evidence in support or that there was any significant disadvantage to the Appellant. In reaching his decision, the Judge did not refer to the guidance provided on this question in Heal v University of Oxford [2020] ICR 1294. Although the guidance in Heal is not mandatory, is in important in considering an application to record proceedings and by not referring to it, the Judge then failed to take into account factors material to the assessment of the Appellant’s application. The Judge should therefore have granted the application and it was right to make a declaration that the decision not to do so was unlawful.’
Parklane Plowden Chambers, 27th February 2024
Source: www.parklaneplowden.co.uk
‘Questions are being raised about the role of the law in dealing with issues associated with the menopause in the workplace following the recent publication by the Equality and Human Rights Commission (EHRC) of the Guidance on the Menopause for Employers. The Guidance refers to the possibility of using discrimination law, in particular the disability provisions, to help women request adjustments in the workplace, and claim harassment if they are subject to unwelcome comments or behaviours because of the symptoms they are experiencing. This blog considers how the current legal framework needs some rethinking and adaptation given the number of workers affected by the menopause and the types of issues that have been raised in the workplace as a result.’
UK Labour Law Blog, 8th March 2024
Source: uklabourlawblog.com
‘The High Court has granted a local authority’s application to deprive a seven-year-old boy of his liberty, with directions to use the “minimum degree of force or restraint required”.’
Local Government Lawyer, 1st March 2024
Source: www.localgovernmentlawyer.co.uk
‘As MPs report on the issue, a son and daughter on how their parents’ deaths led them to campaign for a change in law.’
The Guardian, 29th February 2024
Source: www.theguardian.com
‘In light of the publication of the Westminster Parliament’s Health and Social Care Committee’s (very good) report on assisted dying / assisted suicide on 29 February 2024 and as a modest contribution to informing debate about these issues, I have recorded an ‘informer,’ in which I give an overview of the current law in England & Wales and worldwide, set out some of the reasons why people might want change, and some reasons why people are concerned about it, and then look at what the European Convention on Human Rights and the UN Convention on the Rights of Persons with Disabilities might say of relevance. It is quite a lot for half an hour, and it goes without saying that it is a video which engages with difficult matters.’
Mental Capacity Law and Policy, 29th February 2024
‘As volunteer group Neurodiversikey launches a survey to find out how much support neurodiverse people in the law receive, three legal figures recount the anxiety of training and trying to fit in.’
Law Society's Gazette, 27th February 2024
Source: www.lawgazette.co.uk
‘A couple claimed more than £200,000 for care for their disabled son, but kept the money to fund their own “extravagant lifestyle”.’
BBC News, 25th February 2024
Source: www.bbc.co.uk
‘Louise Thomson analyses a judgment containing valuable guidance on the use of intermediaries in the Family Court.’
Local Government Lawyer, 16th February 2024
Source: www.localgovernmentlawyer.co.uk
‘Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin). A judicial review of Eastbourne’s allocation policy and of Eastbourne’s decision to exclude Ms Willott from joining the housing register on grounds of “serious anti social behaviour.”’
Nearly Legal, 18th February 2024
Source: nearlylegal.co.uk
‘Campaign organisation Good Law Project has sent a letter before action to the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, regarding his response to a report by the Electoral Commission on the impact of the voter ID requirements.’
Local Government Lawyer, 15th February 2024
Source: www.localgovernmentlawyer.co.uk
‘The family of a disabled undergraduate who killed herself on the day of a “truly terrifying” oral exam have won the latest stage of a legal battle to compel universities to take more care of students struggling with their mental health.’
The Guardian, 14th February 2024
Source: www.theguardian.com
‘Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom the court had previously found to lack capacity in to make decisions about residence, care and contact, but to have capacity to make decisions about engaging in sexual relations, in face of strenuous arguments to the contrary from the local authority. Injunctive orders were then made against the woman’s former foster carer, suspected of sexually abusing DY; at a subsequent hearing, the court made a final order that DY had the capacity to make decisions relating to her use of contraception, having accepted a report from DY’s GP.’
Mental Capacity Law and Policy, 11th February 2024
‘Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull City Council v KF [2022] EWCOP 33, and Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44, we now have Re EE (Capacity: Contraception and Conception) [2024] EWCOP 5. The case concerned a 31 year old woman who wanted to become pregnant and have a baby; her capacity to engage in sexual relations, to decide about contact with others, and to make decisions about contraception, were all in issue and required the court’s determination.’
Mental Capacity Law and Policy, 11th February 2024
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