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 (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.
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 […]
News Conservative Party Conference signals further cuts to welfare spending In a speech at the Conservative Party conference on 29 September 2014 Chancellor George Osborne said that there would be further cuts to welfare spending if the Conservatives were elected in 2015. In particular, they would freeze working age benefits for two years, with exceptions […]
Changes are afoot with special educational needs legislation brought about by the Children and Families Act 2014. Statutory guidance issued on Transition to the new 0-25 special educational needs and disability system has been issued. Click here for the guidance. Letters have also been sent to local authorities and parents regarding the reforms. Click here […]
Various duties under the Children and Families Act 2014 are coming into force. See the post under Education for the new code of practice and the consequential duties of local authorities in the context of special educational needs. By section 106 of the 2014 Act, state-funded schools are obliged to provide free school lunches on […]
In the matter of DG and between David and Barry v Peter [2014] EWCOP 31 (Senior Judge Lush): DG was aged 93, had Altzheimer's disease and resided in a care home. David, Barry and Peter were his three sons. David and Barry applied for an order that they should be appointed as their father's deputy […]
