R (Whapples) v Birmingham Crosscity Clinical Commissioning Group [2014] EWHC 2647 Admin (Sales J): the NHS was not generally responsible for securing accommodation for a person in receipt of NHS continuing care; neither would the provision of such healthcare in a person’s home generally turn that home into a ‘care home’, for the purposes of […]
Aster Communities Limited v Jonathan Akerman-Livingston [2014] EWCA Civ 1081 (Arden, Black and Briggs LJJ): a defence to a possession claim based on the Equality Act 2010 must be “seriously arguable” to proceed beyond the initial hearing. Mr Akerman-Livingstone, the Appellant, was placed in temporary accommodation owned by Aster Communities, pursuant to the main housing […]
news Number of children living in poverty In 'Households Below Average Income – An analysis of the income distribution 1994/1995 – 2012/2013', (click here) published on 1 July 2014 the DWP sets out the number of children, working age adults and pensioners living in households considered to be living in poverty: The statistics show that: […]
No case law update. A whole host of new statutory guidance has been issud by the Department for Education. The following are some relevant guidance: Admissions in free school: click here. Admissions for summer-born children: click here. Admissions for previously looked-after (adopted) children: click here. School Governors' Handbook 2014 outlining governors' roles and duties: click […]
VS v the Home Office [2014] EWHC 2483 (QB) (Mr. Simon Picken Q.C.) The Court held the Home Office unlawfully detained the Claimant for 2 periods under immigration powers. At all material times of the claim, the Claimant was a child. The first period of false imprisonment related to his being detained on arrival at […]
The Law Commission has announced that it is starting work on a report, containing recommendations for reform of the Deprivation of Liberty Safeguards (DOLS), following the decision of the Supreme Court in Cheshire West and the House of Lords’ select committee finding that DOLS were not fit for purpose. The report is expected to be […]
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 […]
Abbeyfield Newcastle Upon Tyne Society Ltd v Newcastle City Council [2014] EWHC 2437 Ch (Norris J): a local authority had not paid a care provider a reasonable price for residents whom it had placed in the provider's care homes which, in this case, was determined under implied contractual provisions. Click here for the judgment.
