Case law A v Essex CC [2010] UKSC 33: Damages claim based on Article 2 Protocol 1 of the ECHR and what the scope and content of this right is in domestic law. Appellant is a severely autistic young man, now aged 21, who suffers significant learning difficulties who was asked to be kept at […]
CUTS TO LEGAL AID AND WELFARE BENEFITS THE GREEN PAPER ON PROPOSALS FOR THE REFORM OF LEGAL AID IN ENGLAND AND WALES What the Green Paper Says On 15 November 2010 the Ministry of Justice issued a green paper on ‘Government Proposals for the Reform of Legal Aid in England and Wales’, (Cm 7967) (‘the […]
R (on the application of (1) Fauzia Abbassi & Ors (2) Mahubur Rahman & Ors (3) Omeanda Adams & Ors) v Secretary of State for the Home Department [2010] EWHC 2894 (Admin) (Judge Bidder Q.C.): The secretary of state's decision not to take into account policy DP 5/96, which contained a general presumption against the […]
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 […]
R (Booker) v NHS Oldham and Direct Line Insurance PLC [2010] EWHC 2593 Admin (HHJ Pelling QC, sitting as a DHJC): a PCT had acted unlawfully by declining to provide NHS care services to a road traffic accident victim, even though a tortfeasor had accepted full liability and there was a consent order, in which […]
DISABILITY LIVING ALLOWANCE CARE COMPONENT AT THE LOWEST RATE THE MAIN MEAL TEST The main meal test (also known as ‘the cooking test’) is intended to be a “simple and effective measure of disability” (Hansard 7 March 1991, Col 1545). The test is whether a claimant “cannot prepare a cooked main meal for himself if […]
1. The recent case of R (KS and Ors) v LB of Croydon clarified the correct test which must be applied when determining what constitutes suitable education pursuant to s19, Education Act 1996 2. The case involved 3 claimant unaccompanied asylum seeking children, all 14 years old, all in foster care provided by the local […]
1. The significant change in how age disputes should be dealt with following the Supreme Court’s judgment in R(A) v Croydon LBC [2009] UKSC 8; [2009] 1 WLR 2557 has been slow to filter through the learning of the courts (High Court and Immigration Tribunals) and amongst practitioners. Discussions with community care and immigration practitioners […]
