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 […]
(This Note has been reproduced from a talk presented at a recent judicial review conference for immigration practitioners.) Introduction 1. Last year, we saw great strides in the legal world in the field of migrant children’s rights. We had the Supreme Court affirming in ZH (Tanzania) [2011] UKSC 4 what practitioners probably always felt was […]
News New DWP figures show that 64 per cent of reassessed Incapacity Benefit claimants were entitled to Employment and Support Allowance. The statistical release 'Employment and Support Allowance – Incapacity Benefits Reassessments: Outcomes of Work Capability Assessments, Great Britain', published on 6 November 2012, says that of the 139,200 people on incapacity benefits reassessed between […]
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 […]
RP & others v UK Application no: 3824/08, European Court of Human Rights, 9 October 2012: RP was a woman aged 20 who had a significant learning disability. She gave birth to a child, born prematurely and with many serious medical conditions. The local authority was concerned at RP's ability to understand the baby's needs […]
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 […]
