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. […]
Mayor and Burgesses of the London Borough of Hounslow (Respondents) v Powell (Appellant); Leeds City Council (Respondent) v Hall (Appellant); Birmingham City Council (Respondent) v Frisby (Appellant)[2011] UKSC 8 (Lord Phillips (President), Lord Hope (Deputy President), Lord Rodger, Lord Walker, Lady Hale, Lord Brown, Lord Collins): These combined appeals concern the making of orders for […]
Secretary of State for Work and Pensions v Taous Lassal, Child Poverty Action Group (intervening) C-162/09, CJEU (Third Chamber) (K. Lenaerts, President of the Chamber, R. Silva de Lapuerta (Rapporteur), G. Arestis, J. Malenovský and T. von Danwitz): The European Court of Justice held that articles 16(1) and 16(4) of Directive 2004/38/EC must be interpreted […]
R (Hertfordshire CC) v Hammersmith & Fulham LBC [2011] EWCA Civ 77 (Carnwath, Rimer, Sullivan LJJ): the authorities responsible for providing after-care services under section 117 of the Mental Health Act 1983 were the authorities for the area where the patient had been resident before his detention. Actual residence was what counted. The deeming provisions […]
Case Law R (FZ) v LB of Croydon [2011] EWCA Civ 59 (Sir Anthony May (Presiden of the QB); Smith LJ and Aikens LJ): Guideline case from the Court of Appeal on the correct approach to be taken by local authorities and the court to resolve a dispute over age of an unaccompanied asylum seeking […]
