Ahmed (benefits: proof of receipt; evidence)[2013] UKUT 84(IAC) (1) In an entry clearance case involving the issue of adequacy of maintenance, the Upper Tribunal held that it will in general assist the First-tier Tribunal or, on appeal, the Upper Tribunal if, as part of the submission, a calculation is supplied which reflects the comparison between […]
London Borough of Brent v Cheryl Tudor [2013] EWCA Civ 157 (Arden, Jackson and Beatson LJJ): a ground 16 case. Ms Tudor lived with her mother in a six-bed property in Brent. Ms Tudor’s mother died and she succeeded to the tenancy, remaining there with her two brothers and two nephews. Brent LBC, brought possession […]
R (Members of the Committee of Care North East Northumberland) v Northumberland CC and Northumberland Care Trust [2013] EWHC 234 (Admin) (Supperstone J): in setting care home fees, the Council was entitled to “have due regard to the actual costs of providing care” locally, for the purposes of LAC (2004) 20, “not by an exercise […]
Policy and Legislation The housing benefit size criteria (aka the 'bedroom tax') (a) Exemption for foster carers and armed forces personnel In a written ministerial statement dated 12 March 2013, Iain Duncan Smith announced that foster carers and armed forces personnel will be exempt from the ‘bedroom tax’. Under the change foster carers and armed […]
DD v Durham County Council & anor [2013] EWCA Civ 96 (Sir John Thomas (President), Moore-Bick LJ, Rimer LJ): This appeal was against the refusal of the appellant’s application for permission to bring a claim against the local authorities under s 139(2) of the Mental Health Act 1983 (“the MHA 1983”) as a result of […]
NT v FS (by his litigation friend, the Official Solicitor) & Ors[2013] EWHC (COP), HHJ Behrens: The court determined the provisions of a will to be executed for FS, who lacked capacity to manage his financial affairs, on the application of his deputy, exercising powers under ss 16 and 18(1)(i) Mental Capacity Act 2005. The […]
R (on the application of X) v LB of Tower Hamlets [2013] EWHC 480 (Admin) (Males J): The Court held that the policy of a local authority to pay family foster carers less than unrelated foster carers was unlawful. Click here for judgment. R (AB and anor) v LB of Haringey [2013] EWHC 416 (Admin) […]
The mechanics of depriving an incapacitated adult of their liberty, in their best interests, are, by now well known. I will, however, recapitulate them, briefly, before turning to the vexed question, of what exactly is a deprivation of liberty? It may be worth while pointing out, at the outset, that from the local authority perspective, […]
