MP calls for inquiry into labelling of black pupils as ‘educationally subnormal’ – The Guardian

‘The historic injustice of a scandal in which black children were incorrectly labelled “educationally subnormal” and sent to schools for physically and mentally disabled pupils must be addressed with a public inquiry, an MP has said.’

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The Guardian, 13th March 2025

Source: www.theguardian.com

Autistic woman wrongly locked up in mental health hospital for 45 years – BBC News

‘An autistic woman with a learning disability was wrongly locked up in a mental health hospital for 45 years, starting when she was just seven years old, the BBC has learned.’

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BBC News, 4th March 2025

Source: www.bbc.co.uk

Man dies at hospital after wrongly being fed jelly – BBC News

Posted February 20th, 2025 in food, hospitals, inquests, learning difficulties, news by tracey

‘An elderly man with swallowing difficulties died in hospital after he was wrongly fed jelly and choked.’

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BBC News, 20th February 2025

Source: www.bbc.co.uk

When Children Act orders can be made for older children – Becket Chambers

Posted January 31st, 2025 in chambers articles, children, families, learning difficulties, news by Lily

‘Looking at the case of Re T (a child) (s 9(6) Children Act 1989 orders: exceptional circumstances: parental alienation) [2024] EWHC 59 (Fam). It is generally accepted that orders are not made for older children aged 16, (or even from the age of 14 in many cases). So when will the court make an order for a child aged 16? A section 8 order cannot extend beyond the age of 16 (apart from “live with” orders) and new section 8 orders cannot be made in respect of a 16-year-old, save for in “exceptional circumstances”.’

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Becket Chambers, 16th January 2025

Source: becket-chambers.co.uk

Mental Health Bill – Joint Committee on Human Rights call for evidence – Mental Capacity Law and Policy

‘The Joint Committee on Human Rights is undertaking scrutiny of the Mental Health Bill to assess its compatibility with international and domestic human rights standards. The Committee has a call for evidence closing on 24 January 2025.’

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Mental Capacity Law and Policy, 12th January 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Young man left without education for more than a year – BBC News

‘A young man with Down’s syndrome and autism was left without suitable education for more than a year, an investigation found.’

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BBC News, 6th January 2025

Source: www.bbc.co.uk

Providing support for children with complex needs – Local Government Lawyer

‘Alex Ruck Keene KC (Hon) examines a recent High Court case concerning the Mental Health Act, “detainability,” and judicial scrutiny (and the real underlying problems of children with complex needs).’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Watchdog ‘appalled’ by use of restraint on autistic children at London school – The Guardian

‘The children’s commissioner for England has called for an urgent review of the use of restraint and “calming rooms” after leaked CCTV footage showed autistic children being pushed into a padded space where they were left distressed, self-harming and sitting in vomit.’

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The Guardian, 27th November 2024

Source: www.theguardian.com

Cheshire West revisited: deprivation of liberty and children – UK Human Rights Blog

‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’

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UK Human Rights Blog, 22nd November 2024

Source: ukhumanrightsblog.com

Capacity and civil proceedings – Local Government Lawyer

‘Holly Tibbits examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.’

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Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

‘No facilities available to prevent death’ – coroner – BBC News

Posted October 29th, 2024 in autism, inquests, learning difficulties, mental health, news by tracey

‘A coroner has said “facilities were simply not available in the community” to prevent the death of a man with severe mental health conditions who had been “in crisis for several months”.’

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BBC News, 28th October 2024

Source: www.bbc.co.uk

Regulators and lawyers “must do more” for learning disabled clients – Legal Futures

Posted September 19th, 2024 in disabled persons, equality, law firms, learning difficulties, news by sally

‘Legal regulators have been urged to develop a ‘disability-friendly’ quality mark for law firms, who in turn should hand out ‘easy read’ client information for those with learning disabilities.’

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Legal Futures, 19th September 2024

Source: www.legalfutures.co.uk

Man ‘not had a life’ as 1990 murder conviction quashed – BBC News

Posted September 12th, 2024 in appeals, evidence, learning difficulties, murder, news, police interviews by tracey

‘A man with learning disabilities who says he felt under pressure to confess to murder says he has not “had a life” for the last 33 years.’

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BBC News, 11th September 2024

Source: www.bbc.co.uk

New practice guide: Supporting children and young people with communication needs – Family Law

‘Communication difficulties are a core characteristic for people with a learning disability. A new four-part practice guide aims to enable decision-making by children and young people with speech, language and communication needs (SLCN).

The practice guide offers guidance, tips and practice pointers for practitioners to involve a child or young person with SLCN in making decisions about their lives. The primary focus is to ensure the voices of children and young people with SLCN are heard.’

Full guide

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Family Law, 8th July 2024

Source: www.familylaw.co.uk

Council failed over duty to save care home – BBC News

‘A council should have done more to prevent the closure of a care home for people with learning disabilities, an investigation has found.’

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BBC News, 8th July 2024

Source: www.bbc.co.uk

A delicate balance – Local Government Lawyer

‘When is it in the best interests of an adult without capacity to be separated from her mother and covertly administered medication? A recent decision at the Court of Protection provides some guidance.’

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Legal Futures, 5th July 2024

Source: www.localgovernmentlawyer.co.uk

Risk-taking, best interests and health and welfare deputies – Mental Capacity Law and Policy

‘AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning disability, and visual and hearing impairments. At heart, it was a dispute between his mother, who had (in her own words) brought him in a “very alternative way”, and the local authority responsible for his care and placement in a supported living placement. His mother, who described how she had moved away from South Yorkshire some years previously, having experienced harassment, wished him to move to south west England to live with her; Sheffield City Council resisted this.’

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Mental Capacity Law and Policy, 20th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk

One in three parents in care proceedings cases involving babies have learning disabilities or difficulties, researchers find – Local Government Lawyer

‘A study by the Nuffield Family Justice Observatory (NFJO) has found that 34% of parents who are at risk of having their babies removed from their care have learning disabilities or difficulties, which are often not identified until court.’

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Local Government Lawyer, 13th 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

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