Archive for the 'disabled persons' Category

LSB publishes literature review of legal needs – Legal Services Board

“The LSB has conducted a review of existing research literature into the needs of different groups of legal services consumers. The review summarises the legal needs of a variety of different groups, their methods of accessing legal services and where their needs are not met. The review helps to identify gaps in existing research and will be used to target our future research programme.”

The Legal Needs of Consumer Groups (PDF)

Legal Services Board, 21st April 2011

Source: www.legalservicesboard.org.uk

Birmingham City Council disabled care limits ‘unlawful’ – BBC News

“Judges have ruled that Birmingham City Council’s plans to limit social care for disabled people are unlawful.”

Full story

BBC News, 20th April 2011

Source: www.bbc.co.uk

Oldham woman jailed over ‘disfigured face’ hate attack – BBC News

“A woman who attacked another woman because she had a facial disfigurement has been jailed for eight months.”

Full story

BBC News, 17th March 2011

Source: www.bbc.co.uk

Call to sue councils that are ‘failing the vulnerable’ – Law Society’s Gazette

“The case of a mentally ill man who attempted suicide after being discharged from hospital to a park bench has prompted mental health solicitors to call on lawyers to sue local authorities that fail to provide adequate healthcare for some of society’s most vulnerable members.”

Full story

Law Society’s Gazette, 17th March 2011

Source: www.lawgazette.co.uk

How the law can be used to fight cuts to services for disabled people – Law Society’s Gazette

“Disabled children and disabled adults need significant support from public bodies to help them lead ordinary lives. These groups require both specialist and targeted services and flexible universal services which can be adapted to their needs.”

Full story

Law Society’s Gazette, 10th March 2011

Source: www.lawgazette.co.uk

DPP says prosecuting disability hate crime is “the next frontier” for the Criminal Justice System – Crown Prosecution Service

“Prosecutors are ‘still in the foothills’ when it comes to prosecuting disability hate crime, the DPP Keir Starmer QC said today (Wednesday ) in a speech to Sussex Law School’s ‘Issues in Criminal Justice’ series at the University of Sussex.”

Full story

Crown Prosecution Service, 2nd March 2011

Source: www.cps.gov.uk

Care home residents denied legal aid – by typing error – The Independent

“A solicitor who has battled for years on behalf of disabled and elderly residents of care homes has been told she will get no legal aid work in the coming year – because of a typing error.”

Full story

The Independent, 31st January 2011

Source: www.independent.co.uk

Disability benefit cuts ‘could breach human rights law’ – BBC News

“New assessment tests are planned to help the government decide where to make cuts in disability benefits.”

Full story

BBC News, 8th January 2011

Source: www.bbc.co.uk

IPCC to oversee investigation into wheelchair protester incident – The Guardian

“The police watchdog will oversee the investigation into allegations that police assaulted a young disabled protester as he took part in a student fees demonstration last week.”

Full story

The Guardian, 16th December 2010

Source: www.guardian.co.uk

Secretive court opens doors to journalists – The Independent

“One of Britain’s most secretive courts opened itself to public scrutiny yesterday after a High Court judge lifted reporting restrictions on work done by a hitherto-closed corner of the British justice system.”

Full story

The Independent, 9th December 2010

Source: www.independent.co.uk

Disabled will suffer from assisted dying law, claim critics of new inquiry – Daily Telegraph

“Vulnerable elderly and disabled people will feel pressured to end their lives if the law on assisted dying is relaxed, disability campaigners have claimed.”

Full story

Daily Telegraph, 29th November 2010

Source: www.telegraph.co.uk

Regina v Inglis – WLR Daily

Regina v Inglis [2010] EWCA Crim 2637; [2010] WLR (D) 289

“When determining the minimum specified term to be served by an individual who genuinely believed that the murder she had committed constituted an act of mercy, the facts that there had been a significant degree of planning or premeditation, that the victim had been particularly vulnerable because of disability and that there had been abuse of a position of trust should not be taken to be aggravating factors.”

WLR Daily, 15th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Appeal court ruling clears way for councils to cut social care services – The Guardian

“Local councils have been given the green light by the courts to cut social care services to elderly and disabled people previously assessed by law as needing them.”

Full story

The Guardian, 4th November 2010

Source: www.guardian.co.uk

Regina (Savva) v Kensington and Chelsea Royal London Borough Council – WLR Daily

Regina (Savva) v Kensington and Chelsea Royal London Borough Council [2010] EWCA Civ 1209; [2010] WLR (D) 275

“When exercising its duty under s 2 of the Chronically Sick and Disabled Persons Act 1970 to make arrangements to meet an individual’s needs, a local authority was entitled to consider what that individual’s needs were in relative terms as the starting point for calculating the personal budget allocated to meet them, and had to give reasons for its decision.”

WLR Daily, 3rd November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Laws v Metropolitan Police Authority and another – WLR Daily

Laws v Metropolitan Police Authority and another [2010] EWCA Civ 1099; [2010] WLR (D) 254

“By reg 37(1) of the Police (Injury Benefit) Regulations 2006, on a review of an injury pension payable under those regulations, the only duty of the police authority was to consider whether, since any previous review, the degree of pension disablement had substantially altered, and it was not open to the authority to reduce or increase a pension on such a review by virtue of a conclusion that the clinical basis of an earlier assessment had been wrong.”

WLR Daily, 14th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Constable blinded by Moat fights ‘unfair’ benefit – The Independent

“The police officer blinded by gunman Raoul Moat has revealed he is fighting the Government after being awarded £18.95-a-week mobility allowance.”

Full story

The Independent, 16th September 2010

Source: www.independent.co.uk

Paddy Power’s blind footballers ruled onside by ASA – The Guardian

“With a team of blind footballers who kick a cat into a tree, it seemed to have something to offend everybody. But one of the most complained-about adverts of all time was cleared today by the advertising watchdog.”

Full story

The Guardian, 21st July 2010

Source: www.guardian.co.uk

A v Essex County Council – WLR Daily

A v Essex County Council; [2010] UKSC 33; [2010] WLR (D) 184

“A local education authority which took 18 months to secure a place at one of the few specialist schools which was equipped to cope with a severely disabled child with special education needs, during which time he was unable to attend school at all, had not, by taking so much time, denied the child’s right to education contrary to art 2 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 15th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Coalition to stick with Labour’s Equality Act – BBC News

“The government is pressing ahead with Labour legislation which could require employers to disclose whether they pay women as much as men.”

Full story

BBC News, 2nd July 2010

Source: www.bbc.co.uk

EHRC to launch inquiry into disability hate crimes – The Guardian

“The Equality and Human Rights Commission is to launch a probe into disability hate crimes and harassment after figures revealed that a person appears in court every working day charged with abusing the disabled – often violently.”

Full story

The Guardian, 14th June 2010

Source: www.guardian.co.uk

Hospital fined £50,000 over death of disabled man – The Guardian

“A hospital where a severely disabled man died when he caught his head in the rails around his bed was today fined £50,000.”

Full story

The Guardian, 8th June 2010

Source: www.guardian.co.uk

Jim Watts is serving 12 years for abusing disabled women but is he a victim of a miscarriage of justice? – The Guardian

“Jim Watts, 57, a former disability bus driver, is serving a 12-and-a-half year jail sentence for sexually assaulting four severely mentally and physically disabled women.But there are serious concerns, raised by his legal team, that Watts, a married father of two, has been the victim of a gross miscarriage of justice, and that his case could serve as a significant deterrent to people thinking of working with severely disabled people.”

Full story

The Guardian, 2nd June 2010

Source: www.guardian.co.uk

Disabled man walks free after drug conviction – The Independent

“A disabled former rock drummer walked free from court today after being convicted of growing cannabis which he took to treat a medical condition.”

Full story

The Independent, 26th May 2010

Source: www.independent.co.uk

ASA to investigate ‘offensive’ Paddy Power football TV ad – The Guardian

“The advertising regulator has received more than 400 complaints about an ad which shows sight-impaired footballers mistakenly kicking a cat.”

Full story

The Guardian, 11th May 2010

Source: www.guardian.co.uk

‘Virtually blind’ pensioner with eye condition Macular Degeneration jailed for killing pedestrian – Daily Telegraph

“A 66-year-old man has become the first person in Britain to be jailed for causing a fatal crash whilst deliberately driving with the eye condition Macular Degeneration.”

Full story

Daily Telegraph, 12th April 2010

Source: www.telegraph.co.uk

Prosecutors must ‘raise game’ on disabled hate crime – BBC News

“The Crown Prospection Service should do more to help disabled victims of hate crime, an official has admitted.”

Full story

BBC News, 22nd March 2010

Source: www.bbc.co.uk

John Chivers’ life term for pal’s Barry stabbing – BBC News

“A man who stabbed his close friend in the heart twice has been jailed for life at Cardiff Crown Court.”

Full story

BBC News, 11th March 2010

Source: www.bbc.co.uk

Bridgend teenager disabled at birth is awarded £6.5m – BBC News

“A teenager who was left profoundly disabled at birth is to receive £6.5m.”

Full story

BBC News, 25th January 2010

Source: www.bbc.co.uk

Assisted suicide: disabled campaigner in 11th hour court challenge – Daily Telegraph

“Alison Davis claims that a legal ruling that forced the change was unsound, alleging the ‘apparent bias’ of one of the judges, Lord Phillips of Worth Matravers, now the Supreme Court’s president, who later expressed strong personal views on the subject in an interview with The Daily Telegraph.”

Full story

Daily Telegraph, 7th December 2009

Source: www.telegraph.co.uk

Action on disability hate crimes – The Independent

“Local authorities that fail to protect disabled people from persistent harassment or anti-social behaviour will face legal action if they are found to be ignoring disability hate crimes, the Equality and Human Rights Commission will announce today.”

Full story 

The Independent, 3rd December 2009

Source: www.independent.co.uk

Vulnerable Defendants in the Criminal Courts – Prison Reform Trust

” ‘Vulnerable Defendants in the Criminal Courts’ reviews the provision of support in the court system for adults with learning disabilities or learning difficulties. The second half of the report examines the situation for children.”

Full report

Prison Reform Trust, 1st December 2009

Source: www.prisonreformtrust.org.uk

Disabled man killed by bed hoist – BBC News

“A disabled man choked to death after becoming trapped in a mechanical hoist which failed as he was using it to get into bed, an inquest has heard.”

Full story

BBC News, 30th November 2009

Source: www.bbc.co.uk

Inquest hears how police ‘did nothing’ for harassed family – The Guardian

“A mother who apparently killed herself and her disabled daughter by setting fire to their car had faced years of abuse from youths and children, but police ‘did nothing’ despite her repeated pleas for help, an inquest heard today.”

Full story

The Guardian, 17th September 2009

Source: www.guardian.co.uk

Woman with Crohn’s disease loses claim against Tate – The Guardian

“A gallery employee with Crohn’s disease who claimed managers failed to take her disability into account when they moved her from Tate Britain to Tate Modern had her case dismissed today.”

Full story

The Guardian, 14th August 2009

Source: www.guardian.co.uk

Woman wins clothes store tribunal – BBC News

“A disabled woman from north-west London has won her employment tribunal against clothing giant Abercrombie and Fitch.”

Full story

BBC News, 13th August 2009

Source: www.bbc.co.uk

Victorian law catches drinker on mobility scooter – Daily Telegraph

“Peter Bright from Norfolk has been convicted of driving his mobility scooter over the drink-drive limit under an historic Victorian law dating back almost 140 years.”

Full story

Daily Telegraph, 12th August 2009

Source: www.telegraph.co.uk

Tate Modern worker claims compensation for being too cold – The Guardian

“Elizabeth Andrews, a gallery supervisor, has launched a claim for compensation against the Tate, saying that the cold, among a series of other factors, meant she became increasingly ill and eventually had to go on long-term sick leave.”

Full story

The Guardian, 10th August 2009

Source: www.guardian.co.uk

Disability hate crimes ‘unseen’ – BBC News

“Hate crimes against people with disabilities in Wales are unreported or unrecognised for what they are, campaigners and charities say.”

Full story

BBC News, 6th July 2009

Source: www.bbc.co.uk

Worker with false arm ‘banished to stock room’ – The Times

“A student with a prosthetic arm was made to work in the stockroom of the retailer Abercrombie & Fitch because she did not fit its ‘look policy’, a tribunal was told yesterday.”

Full story

The Times, 25th June 2009

Source: www.timesonline.co.uk

Councils turning down Blue Badge applicants unlawfully – Daily Telegraph

“Some disabled people are being unlawfully turned down for Blue Badges because councils have interpreted new rules on eligibility too strictly, the Government has admitted.”

Full story

Daily Telegraph, 15th June 2009

Source: www.telegraph.co.uk

Copyright treaty backing e-books for disabled readers survives US and EU resistance – OUT-LAW.com

“A proposed treaty that would change copyright laws to allow the supply of books across borders for the benefit of blind people has survived resistance from the US, UK, France, Germany and other countries.”

Full story

OUT.LAW.com, 3rd June 2009

Source: www.out-law.com

Smith v Northamptonshire County Council – WLR Daily

Smith v Northamptonshire County Council [2009] UKHL 27; [2009] WLR (D) 165

“A care worker who was injured when using a defective wheelchair ramp at a client’s home had not been using equipment ‘used by an employee at work’ so as to make her local authority employer, who was aware of the ramp but did not own it, strictly liable under the Provision and Use of Work Equipment Regulations 1998.”

WLR Daily, 21st May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Police and prosecutors apologise to disabled victims of crime – The Guardian

“Many disabled victims  of crime are being failed by the system, the Guardian has learned, following two cases in which the Crown Prosecution Service and the police were forced to apologise for not taking offences seriously enough.”

Full story

The Guardian, 11th May 2009

Source: www.guardian.co.uk

Disability claim sportsman jailed – BBC News

“A wheelchair basketball player from Merseyside who was part of a medal winning team at Beijing 2008 has been jailed for benefit fraud.”

Full story

BBC News, 15th April 2009

Source: www.bbc.co.uk

Regina (Bunce) v Pensions Appeal Tribunal and Another – Times Law Reports

Regina (Bunce) v Pensions Appeal Tribunal and Another

Court of Appeal

“On an appeal against an interim assessment by the Ministry of Defence of the degree of a person’s disability, the Pensions Appeal Tribunal did not have jurisdiction to challenge either the existence of the disability or whether the disability was attributable to service in the Armed Forces.”

The Times, 15th April 2009

Source: www.timesonline.co.uk

R (Marrion and others) v Board of Medical Referees and others – WLR Daily

R (Marrion and others) v Board of Medical Referees and others [2009] EWCA Civ 450; [2009] WLR (D) 135

“Where a firefighter applied for a disability pension, the question to be resolved by the independent qualified medical practitioner and on appeal by the Board of Medical Referees under the Firefighters’ Pension Scheme was whether the firefighter was subject to incapacity for the performance of his operational firefighting duty and any other duties within the definition of ‘regular firefighter’ and within his contract which it was proposed that he perform, but not any additional duties. Where no redeployment away from operation firefighting was available, the question stopped with incapacity for the performance of operational firefighting. It was not within the board’s jurisdiction to give a binding decision which trespassed on issues which were not part of the firefighter’s appeal.”

WLR Daily, 8th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Bunce) v Pensions Appeal Tribunal and another – WLR Daily

R (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134

“The Pensions Appeal Tribunal did not, on an appeal against the defence secretary’s interim assessment of the degree of a person’s disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence of the disability nor whether that disability was attributable to service in the armed forces.”

WLR Daily, 8th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Peters v East Midlands Strategic Health Authority and Another – Times Law Reports

Peters v East Midlands Strategic Health Authority and Another

Court of Appeal

“Damages awarded to a claimant severely disabled as a result of the defendants’ negligence were to be disregarded for the purpose of the charging provisions for the local authority providing her with statutory accommodation and care.”

The Times, 16th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Peters v East Midlands Strategic Health Authority and another (Nottingham City Council, Part 20 defendant) – WLR Daily

Peters v East Midlands Strategic Health Authority and another (Nottingham City Council, Part 20 defendant) [2009] EWCA Civ 145; [2009] WLR (D) 79

A severely disabled claimant was entitled as of right to damages from the tortfeasor in preference to dependence on the statutory obligations of the local authority to provide accommodation and care for her. For the purposes of disregarding damages for personal injuries from charging provisions in respect of accommodation and care provided by local authorities, all the heads of damage were to be disregarded, not only those for pain, suffering and loss of amenity.”

WLR Daily, 4th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Disabled rights delay criticised – BBC News

“The UK government has been criticised for failing to bring new rights for disabled people into law.”

Full story

BBC News, 4th January 2009

Source: www.bbc.co.uk

BSI consults on first British Standard for accessible websites – OUT-LAW.com

“A British Standard will give business owners and marketing managers new guidance for building and maintaining web content that is accessible to disabled people. A draft version of BS 8878 was released for public comment today.”

Full story

OUT-LAW.com, 1st December 2008

Source: www.out-law.com

Secretary of State’s report on disability equality – Ministry of Justice

” This report sets out the Ministry of Justice’s commitment to disability equality for staff, stakeholders, with examples of progress and good practice since the introduction of the Disability Equality Duty in 2006.”

Full report 

Ministry of Justice, 1st December 2008

Source: www.justice.gov.uk

Regina (RJM) v Secretary of State for Work and Pensions – Times Law Reports

Regina (RJM) v Secretary of State for Work and Pensions

House of Lords

“The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within article 14 of the European Convention on Human Rights but was lawful as it could be justified on policy grounds.”

The Times, 27th October 2008 

Source: www.timesonline.co.uk

R (RJM) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) – WLR Daily

R (RJM) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) [2008] UKHL 63; [2008] WLR (D) 00; [2008] WLR (D) 328

“The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within art 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms but it was lawful as it could be justified on policy grounds.”

WLR Daily, 23rd October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Disabled car badge misuse tackled – BBC News

“New powers to stop the misuse of blue disabled parking badges are expected to be announced by the government.”

Full story 

BBC News, 19th October 2008

Source: www.bbc.co.uk


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