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Disability

Supreme Court rules that bus company must accommodate wheelchair users by taking reasonable action

2017

FirstGroup Plc v Paulley [2017] UKSC 4

The Supreme Court unanimously found that a bus company’s policy requiring a driver to request that a non-wheelchair user vacate a space without taking any further steps was unjustified.

Tags
Disability, Discrimination
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IPCC rules that Sussex Police fail in duty towards disabled eleven year-old girl

2016

An eleven-year old girl who suffered from a neurological disability had been detained in police custody for a total of 60 hours under mental health laws, but without appropriate procedures being followed. 
 
An investigation was conducted by the Independent Police Complaints Commission (IPCC) which found that the police failed to respond to the child’s needs.  They could not justify use of force when restraining and hooding her and failed to ensure the presence of an appropriate adult, as required by mental health laws. 
 

Tags
Children's Rights, Disability, Mental Health
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Withdrawal of DLA for children in hospital can amount to human rights breach

2015
Cameron Mathieson, a deceased child (by his father Craig Mathieson) (Appellant) v Secretary of State for Work and Pensions (Resp

The UK Supreme Court has ruled that the withdrawal of Disability Living Allowance (DLA) from a child in hospital for more than 84 days can amount to a breach of the European Convention of Human Rights (ECHR).

Cameron Mathieson, a 3 year old child who was born with bowel problems and cystic fibrosis, was hospitalised from July 2010 to August 2011.  During this time his parents continued to be Cameron’s primary caregivers including administering twice daily physiotherapy and feeding him via a tube. 

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Disability
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‘Severe obesity can be a disability’ - A-G Jaaskinen

2014
A-G’s opinion in Case C-354/12 Karsten Kaltoft v Billund Kommun

The Advocate-General of the European Court of Justice (ECJ) has issued a preliminary ruling on a case involving a severely obese Danish childminder who was dismissed from his employment allegedly because of his obesity. 

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Disability
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Withdrawal of night-time care breached disabled woman’s human rights

2014
McDonald v The United Kingdom ECHR 141 (2014)

The ECtHR ruled that the removal of night-time case from a retired, disabled ballerina was initially illegal.  However, the judgment grants the government wide discretion in balancing the needs of vulnerable individuals with ‘the economic wellbeing of the state’.  Therefore the ruling could have a significant impact on the level of support local authorities are required to provide.

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Disability
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Disabled man’s father loses legal challenge over paying for his care.

2014
PH’s application (2014) NIQB 60

In a local case, the issue of having to pay towards care costs was also considered.  On 29th April, the High Court ruled that the Western Health Trust is entitled to charge for respite care provided to a severely disabled man (“PH”). 

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Disability
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