McDonald v United Kingdom (Application no. 4241/12, 20 May 2014): a decision to provide a person with incontinence pads rather than, as she wished, and as had been provided earlier, help from a carer to get to the lavatory or a commode was capable of having an impact on her enjoyment of her right to […]
Forthcoming hearing on applications relating to authorisations of deprivation of liberty following the decision of the Supreme Court in P&Q and Cheshire West: In response to the huge increase in such applications following the Supreme Court’s decision, Sir James Munby, President of the Court of Protection, has listed a number of cases together for a […]
Measures to limit migrants’ access to benefits – Commons Library Standard Note SN06889 click here was pubished on 15 May 2014. Following an article by the Prime Minister’s in the Financial Times on 27 November 2013 in which he said he shared concerns about the impact of lifting transitional restrictions on the right of Romanian […]
JG v the Lord Chancellor and Ors [2014] EWCA Civ 656 (LLJ Richards, Black and Fulford): The appeal related to a child who was subject to family proceedings under secton 8, Children Act 1989 with the children's guardian appointed to act. The appeal succeeded against the refusal of the Legal Aid Agency to refuse to […]
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 […]
TW (Appellant) v Enfield London Borough Council (Respondent) & Secretary of State for Health (Intervener) [2014] EWCA Civ 362 (Arden LJ, Aikens LJ, Clarke LJ): On allowing the appeal the Court held that when it was an approved social worker's decision under section 11(4) of the Mental Health Act 1983 that it was not reasonably […]
Bristol City Council v Digs Ltd [2014] EWHC 869 (Admin) (Burnett J): meaning of “storey” in the context of the HMO legislation. Bristol CC sought to prosecute Digs Ltd on the basis that they had failed to obtain a licence for a House in Multiple Occupation (HMO) in respect of one of their properties. The […]
R (on the application of Cornwall Council) v Secretary of State for Health and others [2014] EWCA Civ 12 (Elias, Lewison, Floyd LJJ): for the purposes of the duty to provide residential accommodation under section 21 of the National Assistance Act 1948, a severely handicapped person was ‘ordinarily resident’ in the place which could properly […]
