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 […]
R (JG and MB) and Lancashire CC [2011] EWHC 2295 Admin (Kenneth Parker J): the local authority had acted lawfully in setting a reduced global budget for adult social care, in changing its FACS threshold to meet “substantial” and “critical” needs only and in increasing its charges. In particular, its budgetary decision had lawfully complied […]
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 […]
New Cases In AD v Secretary of State for Work and Pensions [2011] UKUT 307 (AAC) (click here for transcript) the claimant was awarded employment and support allowance (“ESA”) and then asked to complete a ESA 50 questionnaire about limited capability for work. The main difficulties to which he referred in his answers were caused […]
Flynn v Basildon DC [2011] EWHC (QBD) (Kenneth Parker J): The claimant, a 72-year-old resident of Dale Farm lived in her mobile home on a plot that she owned but she had no planning permission to occupy the land. Basildon DC proposed an eviction to enforce the planning regime. The claimant contended that the decision […]
W (by her litigation friend, B) v M (by her litigation friend, the Official Solicitor), v S and A NHS Primary Care Trust [2011] EWHC 2443 (Fam) (Baker J): The Court of Protection held M who is 52 is in what is known as a "Minimally Conscious State" and should not be allowed to die […]
DN v Northumberland Tyne and Wear NHS Foundation Trust [2011] UKUT 327 (AAC) (Judge Jacobs): It was submitted to the 1st Tier Tribunal that DN should be discharged, deferred until arrangements under the Mental Capacity Act 2005 DOLS regime could be put in place in relation to residence and control of his alcohol consumption. The […]
