Latest News - July 2010
Award-winning Maxwell Gillott lawyer to be a panel speaker at prestigious event
One of our Partners, Angela Jackman, has been invited to be a panel speaker at The Law Society’s Black History Month Inspirational Event. The evening will be a celebration of the achievements of black lawyers in the UK and the contributions they have made to society through their work.
Children Leaving Care win the right to have care plans reviewed by a social worker
Young people’s Pathway Plans must be reviewed by a social worker. A personal adviser alone cannot carry out a review. In an important judgment, the High Court has once again criticised a local authority for failing to comply with its duties to care leavers.
Rankings boost for Maxwell Gillott in Chambers and Partners Legal Directory 2011
Maxwell Gillott is proud to confirm rankings in the Civil Liberties and Education Individuals categories for the forthcoming edition of Chambers and Partners.
Will children with Special Educational Needs (SEN) be left behind by the new Academies?
As the race to become an Academy school is reaching the finish line, for this year at least, we're very concerned that children with Statements of Special Educational Needs will not receive the services and support which so far has allowed them to achieve their full potential in our education system.
New Government, News Ideas?
As has been the pattern for the last 20 years or so, education is high up on the agenda for the new government with a large number of proposals for legislation. We will have to wait and see the detail, but there are some issues that will almost definitely come up, and have a major effect on our clients.
An awards night to remember for Oliver
Oliver Studdert has been recognised as one of the UK’s most gifted lawyers by being named a runner up in the Legal Aid Lawyer of the Year awards 2010.
Oliver is a real champion of the legal rights of young people and has worked tirelessly on some landmark cases. He also works with many charities and organisations to help protect vulnerable client groups and has a commitment to ensuring that children with disabilities and Special Educational Needs can access the education they are entitled to.
Community Care and the New Government
The new government is making severe cuts in public spending and has promised to protect some areas like education and the NHS but not social care. Paul Burstow, the Care Services minister, has said the coalition will ditch Labour's plan to provide free personal care at home to people with high level needs. Questions were raised about the costs of that plan but it seems those will not now be further explored. This is no real surprise given objections raised to the proposals, set out in the Personal Care at Home Act 2010, when the Government was in opposition.
Care Home Fees and the New Government
Following the election in May 2010 the Government has said it will review long term care funding. The Conservative-Liberal Democrat coalition deal, published 20 May 2010 says:
"We will establish a commission on long-term care, to report within a year. The commission will consider a range of ideas, including both a voluntary insurance scheme to protect the assets of those who go into residential care, and a partnership scheme as proposed by Derek Wanless."
GMC New Guidance on End of Life Care
In July 2009, the Department of Health published guidance to enable health professionals to assess and record a decision to "fast track" a person for NHS continuing healthcare. By following the "Fast Track NHS Continuing Healthcare Tool", a doctor is able to assess whether a person's health has deteriorated or may deteriorate to such an extent that they need NHS continuing healthcare funding to enable their needs to be urgently met - (eg to allow them to go home to die or to allow appropriate end of life support to be put into place).
Partner hire: Maxwell Gillott Solicitors (MG Law Ltd)
With Angela, Eleanor and Oliver onboard, we can provide the highest level of service in a niche area of law that has a huge impact on the wellbeing of special needs and disabled children, as well as their families
Our rising star is shortlisted for a prestigious award
Maxwell Gillott is delighted to announce that one of its most tenacious and dedicated lawyers has been shortlisted in the Legal Aid Lawyer of the Year awards for his work as a Social and Welfare lawyer. Oliver Studdert is a true champion of the legal rights of young people and he has featured prominently in cutting-edge litigation.
New London Office Opening!
We have now opened a new office in London and are delighted to announce that we are being joined by leading lawyers in the field of education and community care.
Guidelines on assisted suicide: perspectives on end of life care
Following the law lords ruling in the case of Debbie Purdy, a multiple sclerosis sufferer and the face of Britain's right-to-die campaign, Keir Starmer QC, Director of Public Prosecutions has clarified the factors that are considered when deciding whether to prosecute someone for helping a person to die.
Adults with autism- new strategy launched
The Care Services Minister Phil Hope has today launched the government's first strategy aimed at helping adults with autism to live independently and find work.
Secondary school place offers – what if you don't get your first choice?
On Monday 1st March and parents and pupils across England anxiously await the news of which secondary school place they have been offered – and for some it won't be good news. The letters go out today, so families will get the news in tomorrow's post – or via the internet if they're one of the 34,000 families registered for online applications this year; or via text message if they have registered a mobile phone number.
Social Care laws are 'too complicated'
The Law Commission has called for social care laws to be simplified. At the moment the social care law system includes 39 different acts which the Commission says is too confusing.
Bradford Special School Closures – has your child’s Statement of Special Needs been affected?
Anne McLean, specialist advisor with many years' experience, says:
"We have heard that Bradford Metropolitan District Council is planning to close 10 Special Schools and replace them with just 6 Community Special Schools, meaning that many children with Statements of Special Educational Needs will have to enter mainstream schools or units attached to mainstream schools."
Thousands of disabled students still waiting for vital funds
Nearly 13,000 disabled students in England are waiting for the funds they need for specialist equipment – almost 4 months after the new term started and 2 months after the Government claimed the problem was fixed.
Are changes on the way for social care services at home?
Former health minister Lord Warner has been defeated in the House of Lords after he attempted to delay Labour’s plans to provide free personal care to some 250,000 people in England who receive social care services at home.
Special Educational Needs - More advice, information and support to be provided for parents of pupils
The Secretary of State for Children, Schools and Families, Ed Balls, has made a commitment to ensure that parents of children with special educational needs (SEN) will receive access to "excellent services".
He was speaking in response to the recommendations set out in a report written by Brian Lamb, the Chairman of the Special Educational Consortium.
Expulsion threatened over parking
Bede Academy in Northumberland has threatened to expel the children of parents who breach their parking rules 3 times or more when delivering or collecting pupils at the school.
The Emmanuel Schools Foundation, which runs the Academy, sent a letter out to parents stating that if naming and shaming parents who breach parking rules does not work then, ‘we will operate a “three strikes and you’re out arrangement” whereby parents will be asked to have their child educated in another school.’
Funding withdrawal could have big impact for children at Camphill Community College
Two claims for judicial review have been made against a decision of the Learning and Skills Council to withdraw funding from Coleg Elidyr, a Camphill Community College in Wales based on Steiner principles of education.
Emily Gent at Maxwell Gillott solicitors is acting for one of the Claimants and says: "The decision to withdraw funding from the Coleg is quite simply wrong which is why we are challenging it on numerous levels."
Babysitting friends told they’re breaking the law
Two friends were told they were breaking the law by caring for each other’s children.
According to Ofsted inspectors the pair, who are both police officers, contravened the Childcare Act 2006, as they were looking after each other’s children for periods of more than 2 hours per day but had not registered in the early years register as early years childminders.
50% rise in applications to take children into care
Since the death of Baby Peter there has been a record 50% rise in the number of applications to take children into care.
In the wake of the tragic death of Baby Peter, there have been a growing number of parents across Britain who have faced losing their children after challenging the judgement of doctors, teachers and / or social workers
Schools Secretary announces revamp of Special Educational Needs "statementing" system
After a government-commissioned review of Special Educational Needs (SEN) provision (the ‘Lamb Inquiry’) highlighted major concerns about the SEN "statementing" system. The schools secretary, Ed Balls, has set out new proposals that will aim to make the process of assessing a child’s needs easier, particularly for parents, and more independent.
Adults with autism left to fend for themselves
Following concerns that many adults with autism are not being diagnosed or supported properly, the Government has said that it will publish a new strategy for autism next year.
Schools Secretary announces revamp of Special Educational Needs "statementing" system
After a government-commissioned review of Special Educational Needs (SEN) provision (the ‘Lamb Inquiry’) highlighted major concerns about the SEN "statementing" system. The schools secretary, Ed Balls, has set out new proposals that will aim to make the process of assessing a child’s needs easier, particularly for parents, and more independent.
£20,000 compensation for family of Asperger’s Syndrome child failed by education and social services
"communitycare.co.uk", a website dedicated to all areas of the social care profession, reports that Croydon Council has agreed to pay £20, 000 compensation to the family of a boy with Asperger’s Syndrome and ADHD, after the Local Government Ombudsman concluded that it had failed to meet the boy’s special educational needs, as well as the family’s needs as a whole.
School Admission Decisions 2009
Many parents whose children are due to start a new school in September will learn in the first week of March which school has offered them a place. There has been an increase in competition for places at good schools this year, and it is estimated that as many as one in 5 children will not get a place at their first choice of school.
Former Minister Calls for Government Inquiry into SEN Provision
Former Education Minister Estelle Morris has called for a government inquiry into future provision for children with special educational needs.
Government Announces NHS Constitution
The government has announced a legally-binding NHS constitution, to go before Parliament for approval. This confirms the general principle that NHS services are available free of charge. Patients will be expected to register with a GP, keep appointments, provide accurate information and follow treatment and vaccination programmes. All NHS bodies and other organisations providing NHS services will be required to take the constitution into account when making decisions.
Medical Care for Patients With Learning Difficulties
The government is investigating the standard of medical treatment received by patients with learning difficulties. A 2007 report by Mencap, Death by Indifference, mentioned six cases where patients had died because NHS staff failed to appreciate their medical needs.
Special Education Post 16 – Learning and Skills Council
Elaine Maxwell has succeeded in getting the Learning and Skills Council’s agreement to fund a specialist placement for a young man with Down’s Syndrome. He had been educated in local authority special school until the age of 19 and had very severe communication difficulties.
Education and Skills Act 2008 given Royal Assent
This bill was given Royal Assent on 26 November 2008. This landmark piece of legislation will increase participation in learning for young people and adults.
New Special Educational Needs and Disability Tribunal Regulations
Significant changes have made been to the Special Educational Needs and Disability Tribunal for deciding special needs cases. This affects all appeals lodged after 3 November 2008.
Opportunities for Autistic Pupils “Limited”
The chief executive of the National Autistic Society has said that two-thirds of families with autistic children find their choice of school limited by a lack of appropriate placements in their local area.
Concern Over School Admissions
The Schools Adjudicator has reported that more than half of schools in England are failing properly to apply the law on admissions.
School Staff “Unfamiliar” with Needs of Autistic Children
The University of Birmingham’s Autism Centre for Education has reported that that too many teachers and support staff are unfamiliar with the needs of autistic children and have difficulty teaching them effectively.
This news contains stories of interest to our clients and contacts. Stories are drawn from widely available news sources and publications as well as from our cases. If we represent any person or organisation referred to, we say so. Where we do not represent individuals or organisations mentioned, reference to the story does not imply that we represent any individual or organisation concerned.
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© Maxwell Gillott 2008
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