R (Robson) v Salfrod CC [2015] EWCA Civ 6: it was lawful to cease using local authority employees to provide a transport service so that disabled adults could attend day centres and to make alternative arrangements (including, for example, a ‘ring and ride’ service). The consultation exercise on transport options had been adequate, notwithstanding that […]
Re X & others (deprivation of liberty) (No. 2) [2014] EWCOP 37 (Sir James Munby, President): this is the second judgment to deal with procedural issues in the Court of Protection following the Supreme Court’s decision in P v Cheshire West Council [2014] UKSC 14. The President handed down the first judgment on 7 August […]
R (AS) v Secretary of State for the Home Department [2014] EWHC 3478 (Admin) (HHJ Keyser Q.C.): Declaration granted that the Claimant was unlawfully detained for 5 days following grant of permission for him to pursue a challenge to his age dispute. Nominal damages awarded. Click here for judgment.
R (ER) v Commissioner for Local Administration (Local Government Ombudsman) and London Borough of Hillingdon [2014] EWCA Civ 1407 (LLJ Moore-Bick, Aikens, Bean): The Local Government Ombudsman had no jurisdiction to investigate the consequences of a local authority's decision if the investigation itself was excluded by the Local Goverment Act 1974 section 26(6). The judicial […]
R (on the application of MD) v Secretary of State for the Home Department [2014] EWHC 2249 (Admin) (Rhodri Price Lewis QC): On allowing the claim the court held that the detention by the Home Secretary of State of a foreign national suffering from a mental illness, was unlawful both at common law and under […]
news On 22 October 2014 the DWP issued new guidance (DMG 27/14 and ADM 21/14) on the length of time before a repeat work capability assessment (WCA) should be applied following a successful appeal by a claimant based on the recommendations in Dr Litchfield's year 4 review. The guidance states that decision makers should, unless […]
Nzolameso v Westminster CC [2014] EWCA Civ 1383 (Moore-Bick, Black and Vos LJJ): circumstances in which a local authority may place a homeless applicant outside of their district. Ms Nzolameso lived in a four-bedroom house in Westminster with her five children. The family had lived in the area for over four years, their support network […]
Aster Healthcare Ltd v Estate of Mr Mohammed Shafi [2014] EWCA Civ 1350 (MR, Beatson and Briggs LJJ): on a proper construction of the placement agreement, it was arguable that the contract was between the care home and the LA, and that it was the LA, not the resident or his wife, who was responsible […]
