Sexual assault investigation into a child with learning difficulties not a breach of article 3

Written by: Dijen Basu KC
Published: 17 December 2019

In R (AB) v Chief Constable of Hampshire Constabulary [2019] EWHC 3461 (Admin), the Divisional Court considered a claim on behalf of a boy with severe learning and communication disabilities, that police had failed properly to investigate what appeared to be a disclosure by him of a sexual assault during a stay at in respite care. He argued that they had wrongly proceeded to interview him despite no witness intermediary being available and had subsequently failed to re-interview him with an intermediary. He argued that this was a breach of Article 3, and unlawful disability discrimination. The Court dismissed the claim, also giving important procedural guidance.

Continued use of Taser on autistic male was disproportionate

Written by: Tom Crowther KC
Published: 29 May 2019

In Gilchrist v Chief Constable of Greater Manchester Police [2019] EWHC 1233, the High Court considered officers’ use of force in the context of use of CS gas and a taser repeatedly upon a man who was autistic and mentally distressed and found that its continued use became unlawful. Whereas the initial use of CS gas and Taser were justified, once the police learned of the male’s vulnerability as an autistic man and noted that his behaviour was defensive rather than aggressive, a more cautious approach should have been adopted.

Identifying disability

Written by: Rad Kohanzad
Published: 17 August 2015

When ought an officer be treated as being disabled for the purposes of making adjustments under the Equality Act 2010?

The relevance of restricted duties, substantive adverse affect, whether the condition is long term and the impact of adjustments and treatments.