News Poverty and Social Exclusion report On 24 November 2014 the Joseph Rowntree Foundation published the annual Monitoring Poverty and Social Exclusion report(click here), written by the New Policy Institute. The report tells how the UK’s economic recovery is affecting people in poverty. Key points from the report include: Household incomes fell in real terms […]
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 (GE) (Eritrea) v Secretary of State for the Home Department and Bedford Borough Council [2014] EWCA Civ 1490 (Davis, Clarke and Rix LLJs): The Court of Appeal overturned a decision of the lower court (Mr. Ockelton) that where an age disputed child had never been in the care of the local authority, there was […]
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 (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 […]
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 […]
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 […]
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 […]
