The Equality and Human Rights Commission has published Close to Home: An inquiry into older people and human rights in home care. The report acknowledged that many older people are very happy with the home care that they receive but also found evidence of “many instances” of home care where human rights were breached or […]
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 […]
Official Guidance on EU Law The DWP have issued new guidance on the CJEU decision in Secretary of State for Work and Pensions v Maria Dias (ECJ Case C-325/09). The guidance to decisions makers in Memo DMG 23/11 – Permanent Right to Reside – Recent CJEU Decision (click here for link) advises that (i) a […]
Case Law In Child Poverty Action Group v Secretary of State for Work & Pensions [2011] EWHC 2616 (Admin), the High Court considered a challenge to the Local Housing Allowance reforms by the Child Poverty Action Group (CPAG). It was argued by the claimant that the housing benefit schemes in force from time to time […]
Bah v United Kingdom [2011] ECHR 1448 (Application No. 56328/07, 27th September 2011) (Lech Garlicki, President, Nicolas Bratza, Ljiljana Mijović, Päivi Hirvelä, George Nicolaou, Ledi Bianku, Vincent A. De Gaetano, judges and Fatoş Aracı, Deputy Section Registrar): The case concerned discrimination on the ground of personal status, for the purposes of Articles 8 and 14 […]
R (Sunderland City Council) v South Tyneside Council [2011] EWHC 2355 (Admin) (Langstaff J): On refusing the application for judicial review the court held the following. The dispute concerned which authority was lawfully responsible for provision of aftercare to SF. SF moved from a residential college (ESPA) in Sunderland to Rose Lodge Hospital in South […]
DN v Northumberland Tyne & Wear NHS Foundation Trust [2011] UKUT 327 (AAC) (Jacobs J): Mr N was a patient detained under s.3 Mental Health Act 1983. he lacked capacity to make decisions in respect of his residence and his consumption of alcohol. He had alcohol dependency syndrome, impairing his memory and executive functions. When […]
Just after the updates were sent out two new cases relevant to migrant children: R (AN) v Secretary of State for the Home Department; R (FA) v Secretary of State for the Home Department, extempore judgment 27/7/2011 (Mitting J): The linked representative claims challenged the SSHD's conduct of illegal entry interviews at port on unaccompanied […]
