Steve Broach KC
@SteveBroach
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King’s Counsel @39EssexChambers @39PublicLaw . Public lawyer, disability & children's rights advocate, @BLEMI_UK chair. Youth coach @seafordtownfc
Seaford, England
Joined October 2011
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What a day…so grateful for the support of clerks, colleagues and especially family. Amongst many highlights was turning round after bowing to the Lord Chancellor to see an entire row of junior barristers who were my current or former pupils and juniors 😊
A great day today marking
@SteveBroach
and Colin Thomann’s formal appointment as new King’s Counsel at The Palace of Westminster this morning.
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The ‘shielding’ u-turn overnight is the last straw for me. I have lost all confidence in government advice on the pandemic. Until the independent scientific consensus says otherwise, surely the right thing to do is stay home if you can, protect each other and save lives.
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As school begins in England, periodic reminder that schools which choose to reward 100% attendance without equally rewarding disabled children who cannot achieve this for disability related reasons may well be breaching the Equality Act and the Human Rights Act
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What lesson are we trying to teach children here?
@SteveBroach
My daughter had to choose between her grandmother's funeral or keeping her 100% record. She chose school.
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This language of ‘relaxing’ and ‘easing’ duties on local authorities is so pernicious. We need to call it what it is - taking rights away from children, disabled adults and older people.
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Two great judgments this week - High Court finds for
@GoodLawProject
on lack of transparency in Covid procurement, Court of Appeal upholds
@PRCBC1
decision that citizenship registration fee unlawful for failure to treat children’s best interests as a primary consideration 1/2
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So much of my work during the pandemic essentially involves saying to government ‘you forgot about disabled people’. If disabled peoples organisations were properly involved in policy design, a large chunk of the JRs government has faced and will face would go away.
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Sections 20-21 and 85 of the Equality Act 2010 say ‘yes’ (for all ‘disabled’ children)
Do teachers need to make adjustments to their lessons to meet the multiple different needs of children in their classroom? I say no! 🧵
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The fact that a small charity can take the government to court and have the court spend two days examining the lawfulness of decision making affecting children in care is something to celebrate. This is what is under threat when Ministers attack judicial review.
In a few hours, the High Court will begin to hear our case that Statutory Instrument 445 was made unlawfully. Thank you to our brilliant legal team
@ostuddert
from
@irwinmitchell
, Jenni Richards QC and
@SteveBroach
from
@39PublicLaw
, and Khatija Hafesji from
@moncktonlaw
.
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I’m overwhelmed by all the love and support on here for my professional news. Thanks to you all, I look forward to continuing to advocate for all my clients (with the advantage of being one row further forward in court)
We are incredibly proud that our BLEMI founder
@SteveBroach
is on the list of successful KC applicants today! Steve is proof that lived experience of mental illness need not preclude excellence at the bar. Congratulations! 🥳📷 🥳
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Um...Manchester Met seems to have placed these students under house arrest. Not *entirely* sure a Uni has the legal power to do that...
These Manchester Met students have already isolated once when one tested positive for coronavirus, now they're under another lockdown, imposed by the university. Security guards 24/7 surrounding their flat, no food, can't wash their clothes. What a way to start freshers...
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As a barrister who has experienced anxiety and depression, I want to join colleagues in
#MentalHealthAwarenessWeek
to say that the Bar can be a place for people with lived experience of mental illness, things are changing and that we are building a better and more inclusive Bar
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The replies to my post this morning on 100% attendance awards are heartbreaking. This really does need challenging, including in court
As school begins in England, periodic reminder that schools which choose to reward 100% attendance without equally rewarding disabled children who cannot achieve this for disability related reasons may well be breaching the Equality Act and the Human Rights Act
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Families with disabled children who fight for the right support are doing others in their communities a service, not a disservice. Establishing an entitlement for one child makes it easier for others to claim it and harder for public bodies to make further cuts.
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Only if we want to unlawfully discriminate against disabled children
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So primary schools in Southwark close to majority of kids, but in Lewisham and Greenwich they remain open - and yet it was Greenwich’s hospital which declared a critical incident recently. In absence of published criteria it feels utterly random - might even say irrational
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Heading in for day 2 of the SEN funding JR - in awe of incredible campaigning by
@SEND_Action
disabled people, parents and allies yesterday, proud to work in a legal system where the most senior govt ministers can be required to defend the lawfulness of their conduct to the court
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In court today challenging lack of any right to claim damages for disability discrimination by schools - instructed by
@ostuddert
and team
@irwinmitchell
and led by the brilliant
@SarahHannett
- argument is that this part of the Equality Act breaches Human Rights Act
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Sorry, treating everyone the same is *not* the whole point of equality, and the perception that it is is a major societal problem.
"The whole point of equality is that you are treating everyone the same and not trying to label people," says Kathleen Harris, head of
@arnoldporter
's London office
#BlackHistoryMonth
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Has anyone asked the government yet how allowing children to go hungry over the school holidays is consistent with the requirement to treat children’s best interests as a primary consideration, under Article 3 of the UN Convention on the Rights of the Child?
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If the Health Sec wants to ‘back’ the police fining people for being 5 miles from home, he should amend the All Tiers Regulations so that being that far from home is actually unlawful
The Health Secretary shouldn’t be ‘backing’ this. The force in question issued a statement effectively accepting they were wrong (though not saying so explicitly) and promising to review all fixed penalty notices
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Very proud to have represented the Mathieson family as they took their fight against the rule suspending payment of DLA for children in hospital to the Supreme Court - and won 5-0
The state took away their benefits because their son was in hospital.
Their appeal changed the lives of thousands of struggling families, forever.
#ALifeTimeOfHumanRights
Film here 👉
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Zero connection between EHC Plans and ordinary school transport in law. What requires councils to pay school transport is educating children at a distance from home (because there’s insufficient local provision). Calling EHC Plans a ‘golden ticket’ is pernicious and wrong
On home-school transport, if you have an Education, Health and Care Plan for a kid with SEND needs, it's a golden ticket. You can, among other things, get them taxis to/from school. There are obviously many kids who do need this! But the number of such plans has risen hugely.
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We celebrated our youngest turning 5 today by adding someone even smaller to the family - meet Epona (name courtesy of 8yo, big Zelda fan...)
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The
#SENDGreenPaper
is proposing not just one but two compulsory stages before families can even lodge a Tribunal appeal - mediation, then local review. How can this level of bureaucracy be in the best interests of children? What is the benefit of local review?
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In my opinion, the views expressed in this tweet are incompatible with the values of the Bar (or any profession). I stand with my black colleagues (current and future) who have called out this tweet, and I will be reporting it to
@barstandards
The Equality Act undermines school discipline by empowering the stroppy teenager of colour.
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It is depressing but utterly predictable to see a host of public bodies this morning ignoring the disability-focused exemptions to mandatory face coverings on public transport. How many judicial reviews do we need before disabled people stop being ignored in the pandemic?
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A functioning democracy doesn’t leave people compulsively checking the twitter feed of
@AdamWagner1
as the most likely way of finding out what the criminal law is the next day....
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Barristers get all the glory in court, but
@Anne_MarieIrwin
and Rosie Campbell
@IMPublicLaw
deserve huge praise for making the
@SEND_Action
JR go so well this week. The case had the most evidence I’ve ever seen in a JR, all brilliantly assembled by Anne-Marie, Rosie and team
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Again - last minute lockdowns result in indirect disability discrimination because of disproportionate adverse effects like this
My heart goes out to every single autistic child currently having a meltdown or on the verge of having one because they have been told 12 hours before school that schools are closed tomorrow.
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Deeply concerning that new NICE guideline on critical care is based on an assessment of ‘frailty’ that would suggest many disabled people may not benefit from treatment because of need for personal care. Hope this can be challenged and revised ASAP
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Such a great result from the hard work of
@BindmansLLP
and the bravery of our two client families - guidance now changed to expressly recognise right of autistic people, those with mental health problems etc to exercise outside more than once a day if necessary
Latest news: Government guidance changed to permit people with specific health needs to exercise outside more than once a day and to travel to do so where necessary
Read more:
#COVID19
#CoronavirusLockdownUK
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I’m delighted to get this award (mainly for the idea that I’m still the future of anything). I’m accepting it for all the current and aspiring barristers who are working with
@BLEMI_UK
to show the Bar can be a place for people with lived experience of mental illness 1/2
We are thrilled that at last night's Bar Awards, Lord Dyson was awarded Chambers Lifetime Achievement Award, Neil Block QC Personal Injury Silk of the Year, Fenella Morris QC Professional Discipline Silk of the Year & Steve Broach Future Leader: Diversity & Inclusion
@SteveBroach
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This is an absolute outrage. The deaths of people with learning disabilities and autistic people only merit an annual update.
#DisabilityRights
@NHSEngland
has said the weekly figures they're receiving from
@leder_team
on people with learning disability and or autism who've died from suspected and confirmed Covid19 will be published in the annual LeDer report.
#covid19
#learningdisabilities
#autism
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Delighted that all my case law updates for
@CDC_tweets
are now available in one place, sorted by theme - EHC Plans, social care, deprivation of liberty etc. Enjoy!
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Important to stress that the Equality Act 2010 hasn’t changed and won’t change. That means all the policies arising from the current public health crisis (eg no visitors to hospitals, only one exercise break outside per day) are subject to duty to make reasonable adjustments
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The least that has to happen is a new Met Police Commissioner. But far more important is that MPs don’t nod through the Home Secretary’s Bill on Monday which would hugely interfere with the right to protest.
Not sure Cressida Dick survives this. Sometimes hard to tell in the moment but this is dire.
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We need a discussion about the sums families are being charged for advice and representation at Tribunal. These figures are really concerning
#SEND
@SendCrisis
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Today is the first day in decades that children with special educational needs in England have no right to the provision required to meet those needs. Down to councils now to use their ‘reasonable endeavours’ to secure the provision
#SEND
#DisabilityRights
The SoS has made his notice...As of 1 May, children and young people with EHC Plans no longer have a right to all the provision set out in those plans. LAs / CCGs only have to use ‘reasonable endeavors’ to secure the provision
#SEND
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A horrible statistic which I’m reluctant to tweet - but this needs to be known so that effective steps can be taken in the event of a second wave
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Given our track record of thievery from former colonies, can’t we just nick New Zealand’s PM?
"One of the criticisms I've faced over the years is that I'm not aggressive enough or assertive enough, or maybe somehow, because I'm empathetic, I'm weak. I totally rebel against that. I refuse to believe that you cannot be both compassionate and strong." - Jacinda Ardern
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My view is that if a local authority pays for external legal representation at Tribunal, they should be required to make an equivalent sum available to the parent / young person to pay for representation
#SEND
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Lunchtime on Friday. Compulsory mask wearing on public transport supposed to be coming in on Monday. Disabled people who can’t wear masks have no idea what the exemptions are. Totally unacceptable.
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Both claims brought by judicial review, both involve the court upholding the law in contentious policy areas - rule of law in action. Yet further reasons why we need to fight to protect judicial review from those who seek to undermine it 2/2
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6 year old burst into tears at final whistle last night.
Me: it’s ok darling, no-one thought we’d do this well, one team has to lose...
6yo: no dad, I’m just so very tired, can I please go to bed
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Given the disproportionate adverse effect on disabled people of the last-minute changes to Covid-19 restrictions, the government’s practice in this area seems to me to be a classic example of indirect disability discrimination.
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Children with autism, ADHD etc now keep the protection of the Equality Act even if their behaviour is physically aggressive. Great to work with Mr and Mrs C,
@IMPublicLaw
and
@EHRC
on this case with important intervention from
@autism
Against Human Rights: Landmark ruling against school exclusion for behaviour related to autism
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Good morning to all school leadership teams in England who have been placed in an almost impossible position by government. Huge respect to all who are trying to work out what is right for their kids.
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I’ve worked with
@CDC_tweets
@AliceLIrving
to update our Case Law Directory - all digests of key cases for disabled children and young people now have case names and summaries in the link. Hope makes this a more user friendly for families and professionals
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100% attendance awards with no exceptions for disabled children seem to me to give rise to a very strong Equality Act challenge - indirect discrimination / failure to make reasonable adjustments
#SEND
The thorny issue of attendance awards and children with SEND
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Always surprised at the number of senior school staff who think that it is the school’s duty to secure provision in an EHCP. It’s not - it’s the local authority’s duty (CFA 2014 s 42). Tell the LA they have to fund the provision, otherwise school / families will judicially review
So, 6% ECHPs in my school from September. No top up finding from the LA. Finance consultant confirms that I cannot afford 1to1 LSAs for each child, despite this being written in their EHCPs. So do I go into deficit or fail to fulfill my legal duty? Genuine question. WWYD?
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If the Met Police were actively trying to demonstrate racial bias in policing, this would be a really good way to do it. The lad was on a charity bike ride to raise funds for homeless people...
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Just another one of those
#ActivistLawyers
using judicial review to get a homeless teenage girl accommodated when two councils had ignored her
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It’s here! It’s real! For some reason my kids don’t think this is exciting
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Appears NICE have seen sense and will be amending the critical care guidelines - see tweet below. We wait to see whether new guidance is sufficiently clear to protect disabled people’s rights
We welcome the recent clarification that the Clinical Frailty Score should not be used in certain groups, including those with learning disability and cerebral palsy (), which we will reflect in an updated version of our guideline. (5/5)
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The timescales for EHCPs are not targets or guidelines, they are specific legal duties. If LAs are routinely breaching these timescales, this undermines the rule of law and the Secretary of State needs to act (whether by increasing funding or otherwise)
Council apologises over EHCP delay linked to educational psychologist shortage
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The depressing reality is that many families with disabled children need a solicitor (and sometimes a barrister) to access their entitlements. Legal aid solicitors are the fourth emergency service.
@Claire_R123
@sharon_l_smith
@SteveBroach
@Magdale03028309
@StarlightMcKenz
@eleanorjwright
@newsworthy_gem
@AspieDeLaZouch
Solicitors sorted this for us too - months of trying to get an assessment for our son and one pre-action letter and social care assessment was then started within 36 hours
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We’re going to get the Regs and guidance on compulsory face coverings on public transport on Sun eve, aren’t we. How is that fair / non-discriminatory for disabled people who may not be able to wear coverings, or at very least need time to prepare...
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Delighted to announce that the third edition of Disabled Children: A Legal Handbook will be published by
@LegalActionGrp
in early 2019 - fully updated inc all the case law on the Children and Families Act 2014 so far 1/2
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Alternatively, don’t have up to six people in your garden as there’s still a pandemic on, and government policy is unhinged from scientific advice
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I cannot stress enough how much I love Raheem Sterling
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So that’s one of the most blatant aspects of discriminatory policy arising from Covid-19 brought to an end, albeit far too late
'Whole care home testing' for
#COVID
ー19 to be extended from Sunday to all homes in England for young adults, incl learning disability, mental health, physical disability & acquired brain injury
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Judicial review claim issued to challenge lack of any priority for Covid-19 vaccination for people with learning disabilities generally (tho people with Down syndrome & those with ‘severe’ / ‘profound’ LD do have some priority). Sec of State ordered to respond by next Fri.
Access to the Covid-19 vaccine for those with learning disabilities - urgent proceedings issued against Matt Hancock
We have issued urgent court proceedings against the Secretary of State for Health.
Read the full story here:
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Looks like the Lib Dems have tabled an amendment to schedule 11 of
#CoronaVirusBill
seeking to row back some of the damage re adult social care. Good to see the pressure is having some results, pls keep going!
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Any report on
#SEND
which suggests scrapping the Tribunal and reducing rights doesn’t merit any further serious consideration
To those calling this report “landmark” please remember that all the innovations in the world won’t matter unless those tasked with carrying them out are fully accountable. It would be great if everyone does what they’re supposed to- but humans and organisations don’t- /1 🧵
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Every disabled child who is out of school without suitable educational provision is likely to have a good claim for judicial review on multiple grounds, inc breach of their human right to education. Raising awareness is important but these rights should be enforced in court.
"We had to say 'there's no school for you', which is heartbreaking."
Thousands of young people with disabilities are being denied the education they're legally entitled to, according to a consortium of disability charities.
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100% attendance award policies (if no exceptions) in my view inherently result in unlawful indirect discrimination against disabled children. Great blog by
@2tubies
#SEND
So I attempted my first blog! Be gentle with me!
School attendance awards.
@Claire_R123
@emmadimps
@EmmaWeCanAccess
@elly_chapple
@StarlightMcKenz
@JarlathOBrien
@SteveBroach
@stephstwogirls
@miss_giblets
@MsJoBillington
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How gorgeous. Siblings of disabled kids with high level needs all deserve much more attention than they get from public bodies.
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In court tomorrow - L, N and P v Devon, three
#SEND
families challenging their LAs interpretation of the SEND Regs 2014, which has the effect that there is no fixed deadline to amend EHC Plans. Details of how to ‘attend’ the hearing to follow for those interested
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The threat of judicial review (JR) has already achieved at least three wins for disabled people’s rights during the current crisis (thread to follow, JR explainer here) (1)
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I’m surprised the figure is so low. It’s a matter of fact that the SEND system is broken, as evidenced in numerous official reports
Exclusive Woman’s Hour poll: 73% of mothers of children with SEND think the SEND system is broken.
We commissioned a survey of 1,000 mums across the UK who have one or more children with SEND.
58% told us they gave up work or cut their hours to support their child ⬇️
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How can it possibly be proportionate (and therefore lawful) to permanently exclude a 4 year old?
Data released this month: 30 children *aged 4 and under* were permanently excluded from school in 2018/19 (England). 7,894 children in total permanently excluded in 2018/19 - by reason ⬇️⬇️
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V significant Ombudsman decision - £60k compensation agreed by Bradford LA for five years failure to implement a care plan for an autistic woman. Shows Ombudsman can be real alternative to bringing a damages claim ht
@TorButlerCole
@MrsArcticride
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If you’re asking me a
#SEND
question, there’s a 93% probability that the answer will be ‘judicial review’
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Judgment in the Devon EHC Plan annual review case is out - High Court finds that there is a fixed timeframe for annual reviews to be completed
#SEND
ⓝⓔⓦ L & Ors, R (On the Application Of) v Devon County Council [2022] EWHC 493 (Admin) (08 March 2022)
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It’s the strangest time to be moving chambers - but I’ve always found the
@39PublicLaw
barristers to be outstanding colleagues and opponents, and I’m delighted to be joining them
We are delighted to announce some very exciting news -
Steve Broach is joining chambers' public law team with immediate effect: Welcome Steve - it's great to have you on board
@SteveBroach
#publiclaw
#Humanrights
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If anyone has been taken off the shielding list and wants legal advice, hit me up
@neilmcrowther
@SteveBroach
I read on the BBC that they will continue to receive food parcels as long as they are still on the official shielders list. I feel terrible for those who have also been taken off the list and don’t even receive that support any longer
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I share this concern. Treating every child with an EHC Plan as ‘vulnerable’ is deeply problematic in my view. EHCPs are for children with significant additional learning needs - why should that make them generally ‘vulnerable’ - and to what?
I really do wonder how SEND parents feel being repeatedly told that their children are only safe if they're in school...
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Perhaps every primary school exclusion ought to trigger automatic consideration as to whether the school has breached Equality Act 2010 s 15 (discrimination arising from disability)
Pretty much every child excluded at primary school has SEND. Every so often a stat stops you in your tracks, and this is one of them.
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This is blatantly in breach of the Equality Act, in relation to numerous forms of prohibited conduct concerning several protected characteristics
It seems schools put real effort into making their environments as hostile & exclusionary as possible for disabled & otherwise disadvantaged kids. Behold the "prom passport", a relentless list of conditions children must meet to attend their own prom. Where to even begin....?
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Back in (virtual) court today for the re-hearing of L, M and P v Devon - is there a fixed timeframe for producing proposed amendments to EHC Plans after annual reviews. Technical but highly important issue -
@watkinssolic
instructing
@AliceLIrving
and I
#SEND
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A reminder that the section 42 duty in the Children and Families Act is now fully in force again, and so every child or young person with an EHC Plan should now be getting *all* the education and health provision in their Plan (unless literally impossible to deliver it)
#SEND
We know that a large percentage of children with SEND still dont have their therapies back.
@RCSLTpolicy
are asking for your help to find out the impact of this. Read more:
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It would be great if whoever ‘owns’ the ‘decision support tool’ announced by the FT yesterday could identify themselves, so we can send them a judicial review letter before action...
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Off to the (virtual) Court of Appeal this morning for
@article_39
with outstanding colleagues inc
@ostuddert
@irwinmitchell
asking this - was it unlawful for Education Sec not to consult the Children’s Commissioner or any children’s rights bodies before amending social care Regs?
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There is an inherent design flaw in the SEN system. Local authorities are given (1) limited budgets and (2) an unlimited duty to secure the provision in EHC plans. Until this is fixed the cost will continue to be conflict between families and LAs.
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So we will shortly have a High Ct ruling on if there is a fixed timeframe for councils to produce amended EHC Plans after annual reviews. Brilliant work by
@KeithLomax2
@AliceLIrving
on appeal in L, M, P v Devon - CoA today overturned High Ct refusal to decide claim as ‘academic’
Delighted Court of Appeal has ruled that JR challenge against Devon CC brought by
@KeithLomax2
instructing
@SteveBroach
concerning statutory timescales when amending EHCP following AR is to go back to High Court - should have decision by the end of May
#SEN
#EHCP
#Specialneeds
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How can it possibly be lawful to deny testing to people with learning disabilities in care homes, when tests are available for elderly care home residents?
#DisabilityRights
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Important new clinical guidance to frontline staff dealing with coronavirus in relation to autistic people / people with learning disabilities - ht
@TorButlerCole
- pls share
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It needs to be spelled out what an incredibly extreme view this is. It is incomprehensible to me that a senior politician could advocate withdrawal from one of the fundamental rights treaties. Even worse that this politician is our Attorney General.
I'm the only candidate who can stop the small boats crossing the channel because I'm the only one who knows we need to leave the ECHR. The British people won't forgive us unless we address this issue.
#Suella4Leader
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Next time someone tries to argue that judicial review is just about process and doesn’t lead to real change, have this tweet close to hand - the Bristol
#SEND
JR leading to sustained investment in services
Yes Yes Yes! Bristol’s High Needs (SEN) Budget to be based on need: £58.2m for 19/20, which is £8m more than the £50m rejected by the judge in the JR. The principle is funding the actual need, hammered in by yours truly &
@cllrtimkent
at Budget Scrutiny. Makes it worthwhile.
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Why would a local authority allow a dispute about whether a
#SEND
parent could bring a lawyer to mediation to go all the way to a full JR hearing - how could the costs of that be proportionate? Oh - and they lost...
Mother wins judicial review forcing Hillingdon to allow her to bring her lawyer to mediation.
@SteveBroach
@haylez10
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It’s 28 May, and families still don’t know if children and young people with EHC Plans will have a right to the education and health provision in those Plans throughout June...
#SEND
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Delighted to promote the third edition of Disabled Children: A Legal Handbook, newly published by
@LegalActionGrp
thanks to the efforts of Luke Clements,
@EstherPilger
and a stellar team of contributors. Order here:
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Really important point. If young people with
#SEND
are going to lose most of a year of education, the upper age limit for EHC Plans should be extended from 25 to 26.
Petition: Urgently extend the statutory age limit for SEN provision given Covid19
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I’m delighted to be part of the steering group setting up BLEMI - Barristers with Lived Experience of Mental Illness. If you’re able to help us raise some start up costs, we would be very grateful for your support
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Excellent news for the end of term - permission granted in the challenge to the failure to increase Carers Allowance during the pandemic - I’m acting with
@AliceLIrving
and
@JessieBrennan1
@BindmansLLP
A claim that government Ministers acted unlawfully in failing to increase the rate of Carers Allowance in light of the COVID-19 will proceed to a full hearing:
@JessieBrennan1
#carers
#coronavirus
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Proud to have signed this statement co-produced by disabled people and allies at incredible speed thanks to
@neilmcrowther
setting out key principles to protect disabled people’s rights during the current public health emergency. More names needed.
Fantastic to see an idea only thought of yesterday make
@BBCNews
at Ten tonight. The power of
#disabled
people & their allies in action. Thank you
@FoxNikkiFox
If you'd still like to sign up please do
#COVID19
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DfE has amended its guidance on children’s social care to remove all references to LAs not complying with duties, after letter before action from
@rachelklawyer
@UCLCAJ
on behalf of a disabled child and a care leaver
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Section 19 of the Education Act 1996 requires suitable education to be provided for children who are not in school for any reason. LAs shouldn’t need reminding of this, it’s been law for over two decades...
The LGO is reminding LAs to consider alternative education for reasons other than exclusion & illness. It’s told WestSussex to apologise for advising a school not to send work home & not arranging alternative support for a girl too anxious to attend school
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