Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39 (Lord Hope, Deputy President, Lord Walker, Lord Mance, Lord Clarke and Lord Sumption): Mr and Mrs Hickin were joint secure tenants but they separated. Mrs Hickin remained in the house with her daughter but later Mrs Hickin died. The daughter claimed that she had succeeded to […]
News Judicial review of Work Capability Assessment On 29 June 2012, 'the Guardian' contained a report of an application for judicial review of the Work Capability Assessment (WCA) brought on the basis that the current system discriminates against people with mental health problems because the DWP has failed to make reasonable adjustments to the assessment […]
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 […]
XCC v AA, BB, CC and DD (by her litigation friend the Official Solicitor) [2012] EWHC 2183 (COP) (Parker J): DD was a woman with a very significant degree of learning disability. Her parents originated from Bangladesh but had lived in the UK for many years. They and she were British citizens. In 2010, Parker […]
R (AS) v LB of Croydon[2012] EWHC 356 (Admin) (Lang J): The local authority’s assessment of the Claimant’s age was correct and upon hearing evidence from the parties, the Court concluded that the Claimant was likely to be the age assessed, not claimed. A declaration was made to that effect. Other matters: UKBA announced on […]
R (on the application of Lambeth LBC) v Lambeth Independent Appeals Panel (2012) extempore, 23rd March 2012 (John Howell Q.C).: Successful judicial review brought by the Local Authority against a decision of an IAP to allow an appeal against the local authority’s decision not to admit a child to the reception class of a primary […]
R (De Almeida) v Kensington & Chelsea RLBC [2012] EWHC 1082 Admin (Lang J): the refusal of the defendant local authority to make arrangements for the claimant, a Portuguese national no longer exercising free movement rights and living with HIV/AIDS, under section 21 of the National Assistance Act 1948, was unlawful as contrary to Article […]
HK (Afghanistan) and Others (by their Solicitor & Litigation Friend Kamaljit Sandhu) v Secretary of State for the Home Department [2012] EWCA Civ 315 (Pill, Rimer, Elias, LJJ): Although the Upper Tribunal had been entitled to draw an adverse inference from the failure of Afghan minors to seek contact with their families, when concluding that […]
