Ethel Street
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Everything posted by Ethel Street
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On reflection I've overstated that. But my general point remains, not all BB holders have a disability under the Equality Act. Having a disability and entitlement to a BB aren't the same thing. Being disabled isn't the criteria for being given a BB. -
Seems to me Sad sam that this thread has gone past the point where you want actual advice and you're enjoying the argument for its own sake. Nothing wrong with that, that's what online forums are for! However, if you still have a right of appeal (sorry, thread's gone on so long I can't remember where you are in the process) just go for it. You seem certain what your rights are that you should include in your appeal, so just do it and let us know what happens. Otherwise we'll all enjoy the debate while your opportunity to appeal slips away.... Personally I think you are clutching at straws but the proof of the pudding is in the eating so put in your appeal (sorry for the mixed metaphors). If it shows the advice here is wrong then good for you. That's a mish mash of legal confusion. I wouldn't use it in an appeal if I were you. But your choice. Forgetting to display a parking permit or the dog knocking it down isn't a disability in itself. The same 'unfairness' applies to all drivers (if it is an unfairness). If you want to claim that forgetfulness and confusion is an inherent part of your own disability for which the Council needs to make reasonable adjustments under the Equality Act then you need expert medical evidence relating to your own disability. Do you have Consultant's report saying that? Merely asserting it will get you nowhere. The Council doesn't have to prove that forgetfulness and confusion isn't part of your disability. The onus would be on you to prove that it was. How are you going to do that? Issue of a BB is primarily for poor physical mobility not mental impairment. You can be disabled under the Equality Act and not entitled to a BB. Equally a great many people (possibly even the majority) of BB holders do not have a disability under the Equality Act. Equating entitlement to a BB with having a disability is simply wrong. "Confusion, forgetfulness MUST hence be considered by LA" is just your opinion. It isn't stated in the parliamentary paper you quote from nor in the Equality Act nor in any statutory guidance about the Act. Nor does the legislation you quote say that "Parking on Council land is for ALL disabled." Again that is just your interpretation of the law. I don't think the council will agree with you. If you are happy to be the test case that goes all the way to the Supreme Court to decide whether your interpretation of the law is correct then good for you, and good luck. I look forward to reading how you've got on in about three year's time. But in the meantime don't expect the Council to accept that argument.
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Unauthorised absence
Ethel Street replied to mikehunt69's topic in Employment and minimum wage problems
If you want to know what's ACTUALLY going to happen consult Mystic Meg. The advice here is what's likely to happen if your wife's employer finds out what she has done. -
Unauthorised absence
Ethel Street replied to mikehunt69's topic in Employment and minimum wage problems
Every response you've had has been clear and consistent. If your wife goes she risks dismissal for Gross Misconduct. Are you asking how your wife should lie convincingly? Or what? I'm not clear what advice you now want. -
Unauthorised absence
Ethel Street replied to mikehunt69's topic in Employment and minimum wage problems
I'm a school governor and the chair of our staff disciplinary panel. If your wife's case came before my panel we would definitely be considering dismissal for gross misconduct. Several posters have asked why your wife has to go the week before the end of term and not wait until the following week. You haven't explained. Why can't she wait a week? Her mother's condition doesn't seem to require your wife to go urgently. -
Well spotted king12345. I am indeed a very senior council manager on a £100k+ salary and I spend most of my day screwing money out of poor people. On the minus side I still haven't been able to develop your cynicism about local government but I'm working on it.
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You've an odd sense of humour if a discussion about councils' statutory duties under the Education Acts amuses you, but each to their own. Naive it isn't though, just a statement of facts. I can see you have a personal axe to grind on this king12345, but however many axes you want to grind won't change the fact that (a) Councils have a statutory duty to secure school attendance, and (b) they don't do it for the money because they don't keep the money. It goes to the Treasury.
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So the bit that says prominently "Free parking for disabled users. Valid Blue Badge must be displayed" doesn't cover it then?
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Claim PPI on deceased parents accounts
Ethel Street replied to tracyab1972's topic in Payment Protection Insurance (PPI)
I don't know the answer to your question but agree that should start by putting the request in and see what happens. Post up the anonymised response when you get it for more advice. Personally I wouldn't complicate the claim at this stage by going through your uncle. It's not at all clear your father's executors inherit his powers as administrator of your mother's Estate. You (and any siblings you have) are your mother's closest surviving next of kin. I'd use that as the basis for contacting PPI provider, send them evidence of that. Before getting too bogged down in it do some preliminary work to see potentially how much you might be able to recover. If this had happened more recently I'd have recommended talking to the solicitor who acted for your father in administering your mother's Estate. However as it was 20 years ago there's little point in that. The person who dealt with it then is very unlikely to be still around, certainly won't remember it, and you'd be lucky if they could find any papers. If you decided the amounts justified a solicitor start again with a solicitor of your own choosing. Some of the information given about Probate is confusing. You mother died intestate. There was no Will. So no-one could be appointed Executor or granted Probate as an Executor either in 1998 or now. Instead under the intestacy rules someone - usually, as in your case, the surviving spouse - is granted a 'grant of letters of administration' which authorises them to administer the Estate. Although the powers and duties of an Executor (if there is Will) and the personal representative granted the letters of administration (if there is no Will) are essentially the same, as letters of administration were granted to your father back in 1998 you cannot now, yourself, apply to be made the Executor. There was no Will of your mother then and there is no Will now so there cannot be an Executor. -
Because Councils are under a statutory duty to secure school attendance and take action to prosecute for breach of attendance rules. And because Councils do actually believe that good attendance is important.
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I'm sure it hasn't escaped your attention that all the things they mention "may" happen. Not that they will, or that Judges Demand can actually do those things. Just the vague "may" happen. Or "may not".
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It was "Domiciliary Care" according to OP's thread title so carers providing support in the relative's own home, not in a residential care home. My mother has this. In many parts of the country the Council doesn't provide it at all and the care support is provided by private homecare companies. My mother signed up to a contract with them and set up a Direct Debit. I don't know how local Council's deal with charging but I'd expect them to have sort of contract. Hopefully OP can confirm what happened in this case. OP would certainly be justified in asking for details of the charges now claimed by Brent. Which dates the charge covers. Then double check them against the deceased's bank account and previous invoices. It's not unknown for councils to say an invoice hasn't been paid when it has. Some councils are just not very efficient at billing for money due. One possibility for OP to consider is that the Domiciliary Care charges were being paid by Direct Debit but the DD mandate was cancelled when the relative's bank was advised of their death. The council's attempt to debit the final invoice(s) by DD would then have failed, hence them asking for payment now. This happened with a relative I was Executor to. But if you find that the charge is due, ie the carers had visited and the invoice is unpaid, then the amount is payable from the Estate. If the deceased was the Executors mother then surely the Executor knew that carers were coming in and needed to be paid? It's an Executor's duty to notify creditors and settle outstanding bills before distributing the Estate.
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I've found it on the London Parking Adjudicator site (listed as R (Westminster) v The Parking Adjudicator 22 May 2002) http://www.londontribunals.gov.uk/eat/key-cases?field_subjects_value=All&combine=westminster It's not going to help you at all Sad sam. It's a Judicial Review case that Westminster Council brought against the Parking Adjudicator after he cancelled PCNs issued to a disabled motorist. Westminster were successful at Judicial Review and the High Court directed that the Parking Adjudicator had no power to cancel the PCNs. The motorist's original case to the Parking Adjudicator had been in part that the European Convention on Human Rights, the 'Prohibition of Discrimination' part, allowed him to park anywhere if he couldn't find a disabled space but the Adjudicator rejected this argument. He eventuality succeeded on a narrow technical argument about the meaning of 'applicable penalty' in the regulations, but this was then overturned by the High Court. In any case the original decision by the Adjudicator was specific to the particular facts about that individual motorist and did not create a legal precedent.
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Where did you find it online please? A link would be useful. It isn't a European Court of Human Rights case though. It's an action by Westminster Council against the Parking Adjudicator in the English courts.
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The Council don't keep the money from Penalty Notices for school absence. Councils collect it on behalf of the government and it goes to the Treasury. Councils are allowed to deduct only the cost to them of administering the Penalty Notice.
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Not sure how helpful that line of argument will be to you unless you can quote the actual case. I too found a number of posts online asserting that such a case exits but when asked for the name of case none of the people asserting its existence replied. Nor can I find it in any official record. That might just be my poor research skills, but I'm beginning to suspect this case doesn't actually exist. What do you mean by "Registered Disabled"? It's my understanding that there is no central register of disabled people. Not of all disabled people. You can't go online and apply to be put on a register of disabled people because there isn't one. What "register" are you on?
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No it wasn't. If your child is a registered pupil at a (local authority) school the fine is for breach of the relevant Act and Regulations. Parents accepting a place at a local authority school don't sign any legally binding agreement. Some schools ask parents to sign up to various forms of home-school agreement, but these are just vague promises to support the school. They have no legal status, they aren't contracts, and no-one can be fined anything under them.
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I doubt the delivery drivers know what you are being asked to sign! They're just given the device and told to get a signature. I think a seller/delivery company would have difficult job claiming that the signature meant anything other than an acknowledgement that you have received the package. Not that that would stop some sellers trying.
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NSL have a contract with Warrington Council to run the Council's parking enforcement https://www.nsl.co.uk/nsl-wins-warrington-seven-year-deal-begins-21-july/
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Has the house been unoccupied since your mother went into care a couple of years ago? If so is anyone going in to check it? For safety, maintenance etc. Does your mother own it? Sole owner? Did your mother give power of attorney to either of you? If not is she able to manage her own affairs? That's about mental capacity to manage her own affairs, not physical capacity. Someone can be totally dependent physically on 24 hour nursing care yet still have the mental faculties to make decisions. If she does not mental capacity and there's no POA this is the route you can follow https://www.moneyadviceservice.org.uk/en/articles/if-the-person-you-want-to-help-has-lost-mental-capacity The existence or otherwise of a Will is irrelevant while your mother is still alive, although obviously at some point it will become an issue.
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Oh go on then, someone here has to be sucker enough to ask, it might as well be me this time. Why don't I own my own car? How could I truly own my own car? I realise I might regret asking this.....
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I hesitate to disagree with someone as knowledgeable as Andyorch, but is that correct? If a company receives a Data Protection Act Subject Access Request isn't it required to disclose the personal data it holds about you irrespective of your relationship with the company? Surely they have to disclose what they hold (subject to statutory DPA exemptions) whether you are a creditor or a customer or potential customer or anything else? Also there have quite a few cases reported of banks refusing to open accounts because they think people are high risk under the money laundering regulations. These can be really infuriating because if that is the reason the bank is legally forbidden to explain its decision and would refuse any SAR. People who have been affected cannot find any way to get an explanation of what has happened, even in cases where it appears there is clearly mistaken identity.
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Yes. tonight, he has a one hour programme all to himself. He's nothing if not a self-publicist! It's Channel 4 though. 10.00pm
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I think asking a 14 year old girl to PE in her knickers is bordering on the abusive. I'd want to complain to the headteacher. To be fair to the school it is your daughter's fault that she doesn't have her PE kit. She left it on the bus! At 14 she is old enough to be responsible for keeping her kit safe and not losing it. But the school's response is not helpful in finding a way forward. Does it have to be the 'official school uniform' PE kit? Can you get her something cheap from somewhere in similar colours? Is there a secondhand school uniform sale scheme run by the PTA or similar? Many schools have something like that.
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