R (A) v LB of Newham [2013] EWHC 344 (Admin) (Mr. John Powell QC): The Claimant and her mother applied for indefinite leave to remain on the basis of compassionate grounds, including arguments relating to the Claimant's health needs arising from sickle cell anaemia and access to better treatment in the UK, the Claimant child's […]
Introduction Notwithstanding the well-known budgetary pressures affecting most adult care authorities, care home owners have enjoyed a run of successful judicial reviews of care home fee-setting decisions. This talk provides an overview of that success (and schedules the relevant cases below), questions how long it is likely to continue and considers how local authorities can […]
R (Redcar and Cleveland Independent Providers Association and others) v Redcar and Cleveland BC (HHJ Gosnell): (1) decisions about what standard fees to pay care home providers were amenable to judicial review, by care home owners, (2) it was for the Court to decide whether a local authority had had “due regard” to the actual […]
R(Daha Essa) v Upper Tribunal (Immigration and Asylum Chamber and anr[2012] EWCA Civ 1547 (Maurice Kay, V-P, Touslon LJ, Aikens LJ): E was an EU citizen who the Secretary of State had decided to deport following his conviction for criminal offences. The First-tier Tribunal dismissed his appeal and permission to appeal was refused by that […]
Legal Aid and First-tier Tribunals On 8 January 2013, responding to a question in the House of Lords, the government confirmed that it will not provide legal aid for welfare benefit cases in First-tier Tribunals. Responding to a question in the House of Lords yesterday about what plans the government has following the House of […]
Ibrahim v Wandsworth LBC [2013] EWCA Civ 20 (Mummery LJ, Etherton LJ, Sir Stephen Sedley): this case dealt with the approach which the courts should adopt to “a plainly deficient homelessness decision” in circumstances where the deficiency has had no adverse consequences for the applicant. Ms Ibrahim was evicted from her privately rented accommodation at […]
R (Cornwell Council) v Secretary of State for Health and Wiltshire Council, South Gloucestershire Council and Somerset County Council [2012] EWHC 3739 (Admin), Beatson J: PH was a young man with significant learning and physical disabilities. He did not have the capacity to decide for himself where his “ordinary residence” was. The local authorities had […]
AC v Partnerships in Care Ltd [2012] UKUT 450 (AAC) (Judge Jacobs): The Appellant appealed against a FTT's rejection of his application for a notification under section 74 of the Mental Health Act 1983 (“MHA”) that, if he was subject to a section 37/41 MHA hospital order and restriction rather than a section 47/49 transfer […]
