R (RP) v Harrow LBC [2011] EWHC 3251 (Stadlen J): the council’s decision to close a residential respite care unit for disabled children was lawful because the council had rationally concluded that it would be able to meet by alternative means the assessed needs of such of the existing users of the unit who would […]
In Dereci & Ors (European citizenship) [2011] EUECJ C-256/11 (15 November 2011) (click here for transcript) the CJEU identified the criterion used in Ruiz Zambrano (European citizenship) [2011] EUECJ C-34/09 (08 March 2011) to determine whether there has been or would be a breach of the right to the genuine enjoyment of the substance of […]
Residential care home residents to retain mobility component of personal independence payment: On 1 December 2011 the Government announced that the mobility component of disability living allowance will not be removed from people living in residential care homes and that the mobility component of personal independence payment, which will replace disability living allowance, will also […]
Sun Street Properties Ltd v Persons Unknown [2011] EWHC (Ch). (Roth J): Protestors took possession of the Claimant's unused office building as part of their campaign. The Claimant obtained an order for possession from a judge during a without notice out-of-hours telephone hearing. The Defendants applied to set the possession order aside on the basis […]
Cheshire West and Chester Council v P (by his litigation friend the Official Solicitor) [2011] EWCA Civ 1257 (Pill LJ, Lloyd LJ, Munby LJ): the Respondent was a 39-year old man with cerebral palsy, Down’s syndrome and significant physical and learning disabilities. He was placed in a care home after his mother was no longer […]
PFZ v West London MH NHS Trust (2011): Settlement of the case. PFZ, an informal patient with a long history of mental illness, was allowed to run away from hospital in a suicidal state. PFZ jumped from a balcony sustaining and permanent and catastrophic spinal cord injury which left him tetraplegic and wheelchair-bound. PFZ then […]
Year in Review – This has been a bumper year for development in the law relating to migrant children’s rights. See the Year in Review Practice Note highlighting some of the key developments in migrant children’s rights this year. The most recent judgments are as follows: In respect of Age Disputed Minors: R (Hossein) […]
(This note is reproduced from a paper presented at a recent judicial review conference, the topic being an update on migrant children's rights in 2011.) Introduction 1. The past year marked important legal developments in how the courts approach the rights of migrant children with mixed results. One recurring concept in the case law has […]
