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 […]
Richmond upon Thames LBC v Kubicek [2012] EWHC 3292 (QB) (Leggatt J): This appeal concerned the circumstances in which is it permissible for a county court hearing an appeal under section 204 Housing Act 1996 to receive evidence on and decide a question of fact relevant to the review decision. The appellant, Mrs Kubicek, made […]
Legal Aid and Welfare Benefits On 4 December 2012 the government was defeated in the House of Lords on legal aid for first-tier tribunal welfare benefits cases. Peers voted by 201 to 191, to accept a motion by Lord Bach that the House decline to approve the Legal Aid, Sentencing and Punishment of Offenders Act […]
RM v Scottish Ministers [2012] UKSC 58 (Lord Hope JSC (Deputy President), Lady Hale JSC, Lord Wilson JSC, Lord Reed JSC, Lord Carnwath JSC). In allowing an appeal the Supreme Court held that the failure of Scottish Ministers to make the necessary regulations to bring into effective operation sections 268 – 271 of the Mental […]
J Council v GU (by his litigation friend, the Official Solicitor)(1), J Partnership NHS Foundation Trust (2), Care Quality Commission (3) and X Limited (4) [2012] EWHC 3531 (COP), Mostyn J: the court approved an agreed order containing detailed policies for regulating the highly restrictive regime imposed on a person lacking mental capacity, George, who […]
E (A CHILD) (Thorpe LJ, Rimer LJ, Baron J) extempore judgment 22/11/2012: A court was not prevented by the Children Act 1989 s100 from making a child a ward of court where the child was accommodated pursuant to section 20, Children Act 1989. In circumstances where a child was s20 accommodated, the lower court was […]
New school exclusion guidance came into force in September 2012. Click here for the guidance. For ease of reference, you can find links to statutory guidance on school exclusions prior to September 2012. Click here.
RM v Scottish Ministers [2012] UKSC 58 (Lord Hope, Lady Hale, Lords Wilson, Reed, Carnwath JSC): the failure of Scottish Ministers to make regulations to bring into operation the Mental Health (Care and Treatment) Scotland Act 2003, sections 268 to 271 (which allow certain qualifying patients to apply to a tribunal if they consider they […]
