Category: learning difficulties

Contact, contraception, conception and conceptual clarity: Poole J dissects a difficult question – Mental Capacity Law and Policy

Posted February 14th, 2024 in Court of Protection, disabled persons, families, learning difficulties, news, pregnancy by sally

‘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.’

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Mental Capacity Law and Policy, 11th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Derby City Council to pay compensation over SEND student delays – BBC News

Posted January 15th, 2024 in children, compensation, delay, disabled persons, education, families, learning difficulties, local government, news, school children, special educational needs by tracey

‘Derby City Council has been ordered to pay thousands in compensation after it took too long to arrange alternative education for a special needs student.’

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BBC News, 14th January 2024

Source: www.bbc.co.uk

Sutton: Three jailed for abusing care home residents with learning disabilities – BBC News

Posted January 5th, 2024 in abuse of position of trust, assault, disabled persons, imprisonment, learning difficulties, news, professional conduct, sentencing by sally

‘Three carers have been jailed after being convicted of abusing care home residents in south London.’

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BBC News, 4th January 2024

Source: www.bbc.co.uk

My heart breaks – solitary confinement in hospital has no therapeutic benefit for people with a learning disability and autistic people – Mental Capacity Law and Policy

Posted November 9th, 2023 in autism, children, detention, disabled persons, government departments, hospitals, learning difficulties, news by sally

‘Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme for people with a learning disability and autistic people in inpatient settings. In fact the final report was completed in July 2023, but was not published until 8 November 2023, alongside the Government’s responses.’

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Mental Capacity Law and Policy, 9th November 2023

Source: www.mentalcapacitylawandpolicy.org.uk

End solitary confinement for children and limit it for adults, review demands – The Independent

Posted November 9th, 2023 in autism, children, detention, disabled persons, government departments, hospitals, learning difficulties, news by sally

‘Autistic children and those with a learning disability should never be subjected to long-term segregation in hospital – and its use should be “severely curtailed” for adults, a review has recommended.’

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The Independent, 8th November 2023

Source: www.independent.co.uk

Abused care home resident secures ‘landmark’ settlement of legal claim – The Independent

Posted November 2nd, 2023 in care homes, damages, disabled persons, government departments, human rights, learning difficulties, news by sally

‘A vulnerable former care home resident has secured the High Court’s approval of a “landmark” settlement of his legal claim over the abuse he suffered at the hands of staff.’

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The Independent, 1st November 2023

Source: www.independent.co.uk

Review into 50-year-old laws on social care for disabled children – Law Commission

Posted October 20th, 2023 in children, disabled persons, Law Commission, learning difficulties, news, social services, special educational needs, statute law revision by tracey

‘Law Commission aims to simplify and strengthen the law, allowing children with disabilities to access the support they need. The review will ensure the law is fair, modern and accessible, works for parents, care givers and local authorities.’

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Law Commission, 17th October 2023

Source: www.lawcom.gov.uk

‘I could have had a job and kids’: Oliver Campbell hopes for justice 30 years after murder charge – The Guardian

Posted October 2nd, 2023 in appeals, learning difficulties, miscarriage of justice, murder, news by sally

‘In 1991 Campbell, who has a mental impairment, received a life sentence for a crime he says he did not commit.’

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The Guardian, 2nd October 2023

Source: www.theguardian.com

Councils accused of “wasting” £60m in a year on tribunal battles over support for children with special educational needs – Local Government Lawyer

Posted September 27th, 2023 in children, disabled persons, education, learning difficulties, local government, news, school children, special educational needs, statistics, tribunals by sally

‘Councils wasted £60 million in a year on “unsuccessful court disputes” with parents and carers seeking support for children and young people with special educational needs and disabilities (SEND), according to research by Pro Bono Economics, commissioned by the Disabled Children’s Partnership.’

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Local Government Lawyer, 27th September 2023

Source: www.localgovernmentlawyer.co.uk

Councils ‘wasting millions’ on special educational needs legal disputes – The Independent

Posted September 27th, 2023 in children, disabled persons, education, learning difficulties, local government, news, school children, special educational needs, statistics, tribunals by sally

‘Councils in England have been accused of “wasting” millions of pounds in court disputes with parents and carers over disability and educational support for their children.’

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The Independent, 26th September 2023

Source: www.independent.co.uk

Hospital watchdog takes action against NHS trust over patient safety concerns – The Independent

Posted September 22nd, 2023 in autism, health & safety, hospitals, learning difficulties, news, ombudsmen by tracey

‘Hospital regulators have taken enforcement action against an NHS trust after patients were found to have ingested batteries and screws amidst a catalogue of failings. The Care Quality Commission (CQC) upheld its “inadequate” rating of Brooklands hospital in Birmingham – which specialises in care for adults with autism and learning disabilities – after an inspection in March.’

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The Independent, 22nd September 2023

Source: www.independent.co.uk

Forced marriage and the inherent jurisdiction – Local Government Lawyer

Posted September 15th, 2023 in appeals, Court of Protection, families, family courts, forced marriages, foreign jurisdictions, jurisdiction, learning difficulties, local government, marriage, married persons, news by tracey

‘The Court of Appeal recently considered the use of the inherent jurisdiction in a forced marriage case. Rhys Hadden analyses the ruling.’

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Local Government Lawyer, 15th September 2023

Source: www.localgovernmentlawyer.co.uk

Administrative Justice Council makes recommendations on improving local authority SEND decisions – Local Government Lawyer

Posted August 21st, 2023 in children, complaints, disabled persons, education, learning difficulties, local government, news, special educational needs, young persons by tracey

‘The Administrative Justice Council (AJC) has set out recommendations to improve the quality of local authority decision-making for children and young people with special educational needs and disabilities (SEND).’

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Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk

Court of Protection judge hands down ruling on capacity amid “some unhelpful differences of approach to the diagnosis of Learning Disability amongst healthcare professionals” –

Posted August 2nd, 2023 in care homes, child abuse, children, expert witnesses, indecent photographs of children, internet, learning difficulties, news, sexual offences by sally

‘A Court of Protection judge has determined that a man lacks capacity to make decisions about where he lives, his care, and his use of the internet and social media.’

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Local Government Lawyer, 1st August 2023

Source: www.localgovernmentlawyer.co.uk

R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde and another – Inquests and Inquiries Law Blog

Posted July 21st, 2023 in appeals, bereavement, care homes, coroners, deprivation of liberty safeguards, disabled persons, duty of care, families, human rights, inquests, judicial review, learning difficulties, news, Supreme Court by tracey

‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’

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Inquests and Inquiries Law Blog, 18th July 2023

Source: inquestsandinquirieslawblog.com

Children’s Commissioner for England calls for “radical rehaul” of SEND system as demand for Education, Health and Care Plans reaches new highs – Local Government Lawyer

Posted July 5th, 2023 in children, disabled persons, education, learning difficulties, local government, news, school children, special educational needs, statistics by sally

‘The Children’s Commissioner, Dame Rachel de Souza, has called for a “radical rehaul of the SEND system” and “swift implementation of the SEND Improvement Plan” after recent data from the Department for Education showed that nearly 1.2 million children in England have special educational needs support without an Education, Health and Care plan (EHCP), up 4.7% in 2022.’

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Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

Four staff at specialist hospital guilty of mistreating vulnerable patients – The Independent

Posted April 28th, 2023 in disabled persons, hospitals, learning difficulties, news, professional conduct by tracey

‘Four members of staff at a specialist hospital have been found guilty of mistreating vulnerable patients after an undercover BBC Panorama documentary.’

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The Independent, 28th April 2023

Source: www.independent.co.uk

The SEND and AP Improvement Plan: does it go far enough? – Local Government Lawyer

Posted March 24th, 2023 in children, disabled persons, education, learning difficulties, local government, news, school children, special educational needs by tracey

‘Sarah Davidson sets out the key elements of the SEND and AP Improvement Plan published by the Department for Education earlier this month.’

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Local Government Lawyer, 24th March 2023

Source: www.localgovernmentlawyer.co.uk

Assessing capacity: the principles – Local Government Lawyer

Posted March 20th, 2023 in asylum, birth, Court of Protection, immigration, imprisonment, learning difficulties, news, pregnancy, prisons by tracey

‘Alex Ruck Keene KC (Hon) reports on a capacity masterclass from MacDonald J in the Court of Protection, and highlights an updated capacity guide from 39 Essex Chambers.’

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Local Government Lawyer, 17th March 2023

Source: www.localgovernmentlawyer.co.uk

Black people labelled ‘backward’ as children seek justice for lifelong trauma – The Guardian

Posted February 22nd, 2023 in children, compensation, damages, education, government departments, learning difficulties, news, race discrimination, racism, special educational needs by tracey

‘Black people wrongly labelled “educationally subnormal” as children in the UK before being sent to special schools have launched a campaign demanding an apology and compensation from the government.’

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The Guardian, 21st February 2023

Source: www.theguardian.com