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, […]
R (Lewisham LBC and Ors) v Assessment and Qualifications Alliance and ors [2013] EWHC 211 (Admin) (Elias LJ, Sharp J): The claimants are a number of schools, teachers, students and local authorities. They applied for judicial review of the decisions of the defendants in respect of the way GCSE English qualifications were awarded. Their claim […]
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 Council’s research highlights potential disadvantage in comparison to boroughs where cap to be rolled out over summer On 1 February 2013, Inside Housing reported that the four boroughs forced to trial a £500-a-week benefit cap will spend their whole share of an emergency hardship fund (discretionary housing payments (DHPs)) within five months unless they […]
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 […]
Sharif v Camden LBC [2013] UKSC 10 (Lord Hope, Lord Walker, Lady Hale, Lord Kerr, Lord Carnwath): The issue raised by this appeal was whether a family housed in two separate units of a hostel were accommodated “together” for the purposes of s176 Housing Act 1996. By s175 of that Act, a person is homeless […]
The Commissioner of Police for the Metropolis v ZH (by his litigation friend, GH) and (1) Liberty (2) Equality and Human Rights Commission (Interveners) [2013] EWCA Civ 69 (Master of the Rolls, Richards and Black LJJ): the Court of Appeal upheld findings that the police were liable for assault, battery, false imprisonment, failure to make […]
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 […]
