Legal updates

Sean Kennedy - Legal Adviser for AnnaKennedyOnline

Legal updates from Sean Kennedy

Sean is a barrister and has broad experience in a number of practice areas, but his focus has been mainly in the areas of SEN, disability and employment law and also trust law. 

Sean is a Legal Adviser for Anna Kennedy Online keeping us all up to date with his articles.

Meeting the Social Care Needs of Adults

If an adult is to receive a service from a local authority, they must have come to the attention of the local authority and an assessment (called a needs assessment) will need to have taken place and social services will have concluded that they qualify to...

Our Charity response to NHS Development plan

The NHS has produced its new health service prevention measures (a 10 year plan) designed to be pre-emptive i.e. stopping problems happening.There is a lot to this initiative including providing early intervention for people with autism. In summary autism...

Constructive Knowledge of Disability

Last week the Court of Appeal upheld the earlier decision in Donelien v Liberata UK Limited; this related to the assertion by an employer that they did not have constructive knowledge of an employee's disability and therefore had no duty to make reasonable...

When to be Specific in an EHCp

B-M and B-M v Oxfordshire County Council (SEN) [2018] UKUT 35 (AAC) The recent case of B-M and B-M v Oxfordshire County Council provides some much-welcomed clarity in relation the specificity that should appear in section F of an Education Health and Care...

Mental Capacity Act

The Mental Capacity Act is the law which guides professionals in how to manage decision making for people over the age of 16 years, where the person is unable to make the decision for themselves. It also provides guidance for people over 18 years of age...

A Case of Perceived Disability

In the recent case of the Chief Constable of Norfolk v Coffey the Employment Appeal Tribunal (EAT) considered an appeal by the Chief Constable of a case that went against them in the Employment Tribunal (ET). What was interesting about this case is that it...

Will I Have to Pay the Local Authority’s Costs?

One question parents often ask us is: “If I don’t win my tribunal appeal, will I have to pay the local authority’s costs”? To answer the question, we first have to look at Rule 10, The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care...

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