Case law: R (RO) v East Riding of Yorkshire [2011] EWCA Civ 196 (Rix, Smith and Richards LLJ): Allowing the appeal brought by an extremely vulnerable 15-year-old boy with severe autism co-morbid with severe ADHD, the Court of Appeal's judgment establishes the primacy of the LAC regime under Children Act 1989 over the Education Act […]
Policy – DLA to be replaced by a ‘personal independence payment’ The government's proposal to replace disability living allowance (DLA) with a Personal Independence Payment (PIP)can be found in: 'Disability Living Allowance reform', (Cm 7984), (clck here for link) a consultation document, although the deadline for responses has passed. The figures Over 3 million people […]
Case Law ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4: Significant decision of the Supreme Court considering the best interest of children who are affected by the decision to remove or deport one or both of their parents from the UK. Although a case decided in the specific context of […]
R(on the application of Elaine McDonald) v Royal Borough of Kensington and Chelsea[2010] EWCA Civ 1109 (Rix, Wilson LJJ, Sir David Keene): The local authority breached a duty owed to the Claimant by failing to meet her assessed needs. However once her needs had been re-assessed, the provision made to meet her needs involved no […]
Re AVS; CS v A NHS Foundation Trust [2010] EWHC 2746 (COP) (Sir Nicholas Wall P): AVS suffered from CJD and at a previous hearing it had been declared that he lacked capacity to instruct solicitors or make medical decisions. The best interests question was: 'is it in AVS's bests interests that PPS treatment continues […]
Seal v UK (App no: 50330/07): European Court of Human Rights (7 December 2010): The claimant had brought a claim against the police as a result of the police exercising powers under section 136 Mental Health Act 1983 as amended (“the MHA 1983”) which inter alia included claims for assault and trespass to the person. […]
On 2nd March 2011, the Court of Appeal handed down its judgment in R(RO) v East Riding of Yorkshire Council (link to judgment forthcoming) allowing the Appeal and quashing the Council’s decision. The Appellant is a vulnerable 15 year old boy with severe autism and severe attention deficit hyperactivity disorder. The decision challenged was the […]
Case law Can a self-employed person retain the status of a worker under Article 7(3) of the Citizens’ Directive? In R(Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397, (8 December 2010), the Court of Appeal dismissed the claimant’s appeal against the decision of Deputy Judge Symons QC ([2010] EWHC 213 […]
