1. This brief note looks at the Communications Procedure to the UN Convention on the Rights of the Child and brings practitioners up to date on where the Optional Protocol is at in terms of adoption and ratification by the General Assembly. The Protocol has been approved by the UN General Assembly and is open […]
R (Sefton Care Association) v Sefton Council [2011] EWHC 2676 (Admin)(HHJ Raynor QC): the council’s decision not to increase care home fees was unlawful because, on the facts, it had failed to consult with the claimants or take into account the “actual costs of care” and other local factors. However, the judge dismissed the claimants’ […]
Little by way of case law development in education law this month. But it is interesting to note the Government's responses to various challenges to the way it was dealing with the budget cuts and savings in education law. On 19th July 2011, Michael Gove, Secretary of State for Education made various announcements on various […]
The case of Dereci & Ors (European citizenship) [2011] EUECJ C-256/11 (15 November 2011) concerned 5 families where third country nationals wished to join family members in Austria, all of whom were Austrian citizens but had never exercised free movement rights under EU law. For instance, Mr Dereci, who is a Turkish national, entered Austria […]
Legal Aid, Sentencing and Punishment of Offenders Bill On 31 October 2011 "Retaining Legal Aid for Welfare Benefit Appeal" a briefing paper was prepared for MPs by Justice for All, endorsed by a group of 24 charities including Citizens Advice, Mind, Scope, the RNIB, Child Poverty Action Group and Lasa (click here for copy). The […]
Berrisford v Mexfield Housing Co-operative Ltd [2011] UKSC 52 (Lord Hope (Deputy President), Lord Walker JSC, Lady Hale JSC, Lord Mance JSC, Lord Neuberger JSC, Lord Clarke JSC, Lord Dyson JSC): On allowing the appellant’s appeal the Court held that as a matter of contractual interpretation, an occupancy agreement between a mutual housing association and […]
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 […]
R (on the application of Modaresi) v Secretary of State for Health and others [2011] EWCA Civ 1359 (Mummery LJ, Richards LJ, Black LJ): In allowing an appeal in part the Court of Appeal held that although an application for a review of detention under section 2 under the Mental Health Act s.66(1) had to […]
