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11 February 2010 / Nicholas Dobson
Issue: 7404 / Categories: Features , Public
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Statutory failures

Complying with DDA 1995 duties means more than ticking the right boxes, says Nicholas Dobson

The reach of local authority duties under the Disability Discrimination Act 1995 (DDA 1995) is now very extensive. So authorities that ignore or pay inadequate regard to them proceed at their peril. A stark judicial reminder of this came last December from His Honour Judge Milwyn Jarman QC in the Administrative Court in the conjoined cases of R (Boyejo and others) v Barnet London Borough Council and R (Smith) v Portsmouth Borough Council [2009] EWHC 3261 (Admin), [2009] All ER (D) 169 (Dec).

In both cases the authorities had decided to change the way they provided support services to residents of sheltered accommodation in their areas. Barnet had resolved to terminate contracts for on-site warden-based services and to develop a peripatetic support service with the retention of an alarm service to all residents in such accommodation.

Portsmouth Council’s decision was to terminate the provision for sleep-in night staff at each of its sheltered housing schemes within the category providing for

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Haynes Boone—Jeremy Cross

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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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