Latest news with #disabilityrights
Irish Times
2 hours ago
- General
- Irish Times
HSE must specify when services will be provided to children with disabilities, Supreme Court says
The Supreme Court has delivered an important judgment concerning the obligations of the HSE towards children with disabilities, including a need to specify when services will be provided to them. Compliance by the HSE with its obligations under the Disability Act 2005 involves setting out and implementing 'measurable' actions, the court said. Although there is 'nothing objectionable' about the HSE's Individual Family Support Plan (IFSP) model for delivering services to children with disabilities, the court said the HSE must ensure it complies with its obligations and with the legislature's intention to give 'enforceable rights' to individuals. The five-judge court on Wednesday rejected the HSE's appeal against the High Court's finding that it failed to comply with its legal obligations in relation to an eight-year-old girl assessed as having autism spectrum disorder and global developmental delay. READ MORE Giving the judgment, Ms Justice Iseult O'Malley said the statutory process obliges the HSE to specify what services will be provided to children with disabilities and when they will be provided. Delays in assessments of need are a 'recurring' theme in cases before the courts, she noted. There was a delay of more than 18 months in assessing the girl and further delays in providing her with therapy services identified as being her health needs. The High Court, in finding the statutory requirements were not complied with, said the only service for the girl where the HSE specified a time frame for delivery was the development of an IFSP, but that was not a 'clinical service'. The core issues in the HSE's appeal were whether the 2005 Act required that each health service identified in an assessment report should be specified in a service statement; and whether the statutory requirements regarding the content of service statements were breached by identifying the development of the IFSP as a 'specified' health service. Ms Justice O'Malley found, while not every service recommended in an assessment report must be included in the service statement, there must be 'a rational connection' between the content of both. On the second issue, she ruled an IFSP is a 'health service' within the meaning of section seven of the 2005 Act. She said the commencement of an IFSP is the starting point for delivery of services and the plan continues as the evolving basis for development of further goals. The legislature had intended a process through which particular services and dates would be 'clearly identified' in the service statements, with a legal right to seek implementation through the courts if necessary. If each service statement only specifies a start date for the IFSP process, the right may appear reduced as the only complaint apparently possible would be the failure to commence that process, she said. The HSE can, within the IFSP model, comply with its obligations to set out and implement measurable actions, she said. The first service statement should 'spell out' what will be involved in the IFSP process. Reviews of the service statement also required greater detail, including an overall assessment of the goals set out, whether those have been achieved, identification of overall goals for the near future and the work to achieve those, the judge said. That might mean 'relatively frequent' reviews. If the only service specified in the first service statement is an IFSP, the HSE should record that the needs specified in the assessment of need have not been included. This was necessary under the HSE's obligation to assist in measuring aggregate needs. In the case of the girl, represented by Derek Shortall SC and Colin Smith SC, instructed by solicitor Wendy Lyon, she said the original service statement and the first review statement did not meet these criteria. The original statement had been superseded and it seemed likely there would have been further reviews, she noted.
BBC News
a day ago
- Business
- BBC News
Row after only welfare cuts consultation event in Wales cancelled
A disability people's rights group has hit out after the UK government cancelled the only in-person event it had planned in Wales to gather views on its benefit cutting are consulting on reforms to disability benefits, which could affect almost 190,000 people in Wales said the cancellation of the event in Cardiff "silences disabled people across Wales - those who would be most affected".The Department for Work and Pensions (DWP) said the views and voices of sick and disabled people "are at the heart of our reforms". It said it was seeking to rearrange the meeting - an email seen by the BBC said the DWP was arranging a new Wales-only event for the end of June. Figures from data analytics company Policy in Practice estimated that incomes of people in Wales could be cut by £466m by 2029/30 via the reforms, affecting 6% of the its consultation on the plans the Department for Work and Pensions (DWP) planned to hold a series of ticketed in-person events, including one in Cardiff on Tuesday.A copy of an email shared with the BBC from the DWP said there had been an "unexpected last minute cancellation by the venue".It has offered "priority space" for individuals to take part in virtual Wales said on social network X that it was "aghast" at the decision."This decision silences disabled people across Wales - those who would be most affected by these devastating changes"."An online alternative is no substitute for meaningful accessible face-to-face engagement".Sioned Williams, of Plaid Cymru, said it was "proof of Labour's contempt towards Wales".A DWP spokesperson said: "We will never compromise on protecting people who need our support, and our reforms will mean the social security system will always be there for those who will never be able to work, and that their income is protected."We are working to rearrange the event in Wales as part of a series of face to face and virtual consultations, so the views and voices of sick and disabled people are at the heart of our reforms."
Irish Times
5 days ago
- Health
- Irish Times
Ryanair would not let Liverpool fan (13) with no arms or legs take power wheelchair on flight
Ryanair has been accused of mistreating a teenage boy with no arms or legs last weekend by refusing to allow him to bring his power wheelchair on a flight. The boy was travelling from Dublin to Liverpool where he was due to watch Liverpool football team lift the premiership trophy. However, the airline dismissed the accusations as emotive, inaccurate and absurd, saying that it stood over its rules governing wheelchair passengers. Dáire Gorman (13) was born with Crommelin syndrome, an extremely rare condition, and has lived without arms or femur bones in his legs. READ MORE Last year, a video of him becoming overwhelmed with the emotion at his first Liverpool game went viral and saw him invited back to Anfield to meet the team's then manager Jurgen Klopp. On his most recent trip, Ryanair 'completely took Daire's independence away and made him feel like an inconvenience because he used a power wheelchair', his mother Shelley said. Dáire Gorman with then Liverpool manager Jurgen Klopp. Photograph: Liverpool FC YouTube She booked the trip for her son and husband in February and included special assistance, supplying details of the wheelchair. However, days before the trip Ryanair emailed her asking for the wheelchair dimensions when folded. 'I replied saying it was a power wheelchair and couldn't fold down,' she said. She was told it wasn't possible to take the powerchair as it was too big. 'I ended up ringing special assistance customer services and they asked could he not go without the chair, and refused to take his chair,' she said. She described this as 'extremely upsetting'. 'As a parent, you try and do your best for your children and especially children with additional needs and protect them from negativity – my child needs his wheelchair, imagine asking can he not go without it,' she said. She said in her initial interactions Ryanair refused a refund, although one was subsequently offered. It was not needed as her son's occupational therapist sourced a manual wheelchair for temporary use, but there were further difficulties. She said her son had to use an 'aisle chair' to transfer on to the plane seat, but on the flight he was left until the plane was full, resulting in him being pushed the full length of the plane, 'knocking off people' and 'losing his dignity [with] everyone watching him transfer on to the seat'. Ryanair 'completely took Daire's independence away and made him feel like an inconvenience', she said. In response, Ryanair said 'regrettably, these emotive claims made by his mother are false. She fails anywhere in her complaint to accept that this wheelchair exceeded our well-publicised max dimensions.' A spokeswoman said this information was 'readily available to Ms Gorman when this booking was made and if she had simply complied with them then that would have been the end of the matter'. Ryanair denied she was told her son could consider travelling without a wheelchair and said it had offered her a refund. The spokeswoman added that wheelchair boarding is not handled by Ryanair, but rather by the wheelchair service operated by airport operator, DAA. The statement said Ms Gorman's 'claim that 'Ryanair completely took Daire's independence away' is false and absurd'. The statement concluded with a recommendation that Ms Gorman 'should either comply with our max wheelchair dimensions, or do not make a booking on Ryanair'. Ryanair did not respond to follow-up queries noting that a key part of Ms Gorman's complaint was the position of her son's seat at the back of the plane.
CBS News
7 days ago
- General
- CBS News
Miami-Dade crackdown nets 137 handicap parking violations in single-day sweep
In a sweeping crackdown across Miami-Dade County, sheriff's deputies issued 137 handicap parking citations on Friday as part of "Operation Blue Zone," targeting drivers illegally using reserved spaces without proper permits. The May 23 enforcement effort, led by the Miami-Dade Sheriff's Office, aimed to protect access for people with disabilities and parents with small children by cracking down on the misuse of handicap and stroller-designated parking spaces. Deputies patrolled the county throughout the day, issuing 137 handicap parking citations, 19 uniform traffic citations and eight citations for unauthorized use of stroller parking spaces. They also confiscated six fraudulent or improperly used handicap placards. "These spaces are not for convenience—they are a necessity," the sheriff's office said in a statement. "Our deputies remain committed to protecting the rights of individuals with disabilities and maintaining public safety." Officials said the operation underscores their ongoing efforts to enforce accessibility laws and ensure equitable access in public areas.
CTV News
7 days ago
- General
- CTV News
Hundreds of drivers fined for illegally parking in accessible parking spaces in Ottawa
Bylaw Services shared a photo of a Porsche parked illegally in an accessible parking space in Ottawa this week. Nearly $900,000 worth of fines has been handed out so far this year to drivers parking illegally in accessible parking spaces across Ottawa. Bylaw Services shared a photo of a Porsche parked illegally in an accessible parking space in Ottawa this week. 'When you misuse an accessible parking space you make our community less inclusive,' Bylaw Services said in a post on X. 'We all play a role in making our community kinder and better. Leave accessible parking spaces free for those who require them.' In a statement to CTV News Ottawa, Bylaw and Regulatory Services (BLRS) director Roger Chapman said 1,798 tickets have been issued since Jan. 1 to vehicles parked in accessible parking spaces without a permit. 'Accessible parking spaces are reserved to support the mobility and independence of individuals with disabilities. BLRS remains committed to enforcing these regulations to ensure equitable access for those who need it most,' Chapman said. 'BLRS reminds all motorists that only vehicles displaying a valid accessible parking permit are allowed to use designated accessible parking spaces.' The fine for parking illegally in an accessible parking permit is $500. In 2024, officers issued 3,193 tickets to vehicles parked in an accessible parking space without a valid permit. Between Oct. 1 and Nov. 5, 2024, officers issued 490 tickets to vehicles parked in accessible parking spaces.
