Our voice, method and the limits

This book is our voice.

A first-person account is converted into a disciplined legal problem. It preserves the force of the account while refusing two common errors: treating an allegation as already proved, and treating a statutory power as an automatic entitlement. Law-school analysis requires both sympathy and precision.

The case-study adult reports cerebral palsy; cramps and involuntary movements; fainting; inability at times to stand for blood-pressure measurement; episodes described as low blood sugar, itching, breathlessness and vascular change; severe fatigue affecting speech; flashbacks; nightmares with screaming; low mood; and strong bodily reactions to safe touch. He reports that his dog is his only continuous companion. He says he received ten hours of commissioned support although he considers continuous support necessary, performed more than one hundred hours of unpaid work, and experienced coercion connected with obtaining care.

Status of the account These are reported facts. They should be recorded accurately and taken seriously, but a court, council, police force or clinician would test them against records, chronology, witnesses, assessments and competing explanations. No person is accused or found liable by this book.

How to read this book

  • Black-letter rule: what legislation or binding authority requires.
  • Application: how a rule may bear on the reported facts.
  • Counterargument: the strongest lawful response likely to be made by a public body or defendant.
  • Evidence: what would make the proposition provable.
  • Remedy: the procedure capable of producing a practical result.