D Borough Council v AB [2011] EWHC 101 (COP) (Mostyn J): the test for deciding whether an adult had the capacity to consent to sexual relations was whether he or she understood the mechanics of the act, that there were health risks involved and (where applicable) that sex between a man and a woman might […]
Case law: R (Luton Borough Council and Ors) v Secretary of State for Education [2011] EWHC 217 (Admin) (Holman J): In a blow to the Coalition Government's controversial axing of the Building Schools for the Future Programme, five local authorities succeeded in a judicial review against the Secretary of State for Education for its failure […]
LW’s (acting by her mother JB)_Application [2010] NIQB 62 (McCloskey J): The Court granted declarations that the Belfast Health and Social Care Trust had acted unlawfully in failing to provide the applicant with adequate and suitable (i) domiciliary services, (ii) residential placements. As far as concerned the provision of domiciliary services, the Trust had failed […]
Case Law R (CJ) v Cardiff County Council [2011] EWHC 23 (Ouseley J): Substantial fact-finding trial of an unaccompanied age dispute minor. It is the first case of its kind to consider the issue of the burden of proof at a substantive trial. Ouseley J held that normally, it is unnecessary to consider the issue […]
In the matter of RC (deceased) COP No 11639140 (Senior Judge Denzil Lush): the Senior Judge drew attention to the costs rules applicable to COP proceedings, at sections 55 and 56 of the Mental Capacity Act 2005, rules 155 to 168 of the Court of Protection Rules and Practice Directions 19A and 19B, as well […]
Case law: Abul Hakim Ali v the United Kingdom (Application No 40385/06), 11 January 2011: The applicant sought a declaration from the European Court of Human Rights that his rights under Article 2 Protocol 1 (right to education) were violated when he was temporarily excluded from the Lord Grey School in circumstances in which the […]
Reform of housing benefit for “exempt accommodation” The DWP has published research as part of the review of housing benefit and voluntary sector supported housing: DWP Research Report No. 714 ‘Exempt and supported accommodation’ (click here for copy). (i) – History of events leading to the need for reform In 1995 the Secretary of State […]
Case Law R (CJ) v Cardiff County Council [2011] EWHC 23 (Ouseley J): Substantial fact-finding trial of an unaccompanied age dispute minor. It is the first case of its kind to consider the issue of the burden of proof at a substantive trial. Ouseley J held that normally, it is unnecessary to consider the issue […]
