A busy month for migrant children, and not necessarily in a positive direction: R (on the application of OA (Nigeria)) v Secretary of State for the Home Department [2012] EWHC 3128 (Admin) (Silber J): Following refusal of leave to remain in the UK, a claimant challenges a decision of the Secretary of State to certify […]
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 […]
This note concerns the operation of sections 4(1)(a) and (b) of the Immigration and Asylum Act 1999 (the 1999 Act) and whether there is a policy or criteria developed by Secretary of State to determine entitlement given the comments and reasons of the Principal Judge in cases AS/11/02/26112/JH, AS/11/03/26412/JH, AS/12/08/28780/SK, and AS/12/05/28619 which raise the […]
EC v Birmingham and Solihull Mental Health NHS Trust [2012] UKUT 178 (AAC) (Judge Rowland): An appeal and applications for judicial review against tribunals' refusals to hear arguments in relation to extra-statutory recommendations were dismissed. The tribunal held there is no legal right to advance these arguments as this is a sufficient reason for not […]
MW (by his litigation friend the Official Solicitor) v Hammersmith & Fulham LBC 29 July 2012 (HHJ Horowitz QC): MW lacked capacity to make decisions in relation to contact with his childhood friend JC. It was not in MW's best interests for JC to visit MW's home, so an order was granted restraining JC from […]
HH and Anor v Deputy Prosecutor of the Italian Republic, Genoa and Anor [2012] UKSC 25; BH and Anor v The Lord Advocate and Anor (Scotland) [2012] UKSC 24: These are several conjoined appeals against extradition. All appellants are parents of young children. There is little dispute as to the impact upon the children of […]
The Government seeks a significant overhaul of the special educational needs system. See the Green Paper and the House of Commons briefing here. See the Government's response (published in June 2012) to the consultation here.
R (Members of the Committee of Care North East Newcastle) v Newcastle CC [2012] EWHC 2655 Admin (HHJ Gosnell): the local authority’s decision to fix care home “usual rates” was unlawful because (i) it had no rational basis for its view that an inflationary increase of 3% (staff costs) and 5% (other costs) was appropriate, […]
