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 Secretary of State for Work and Pensions v JL (DLA) [2011] UKUT 293 (AAC) a panel of three judges of the Upper Tribunal was convened to considered the payability of disability living allowance (“DLA”) for retrospective self-funders’. The claimant suffered from schizo-affective disorder. His daughters had an enduring joint power of attorney […]
Barnsley MBC v Norton [2011] EWCA Civ 834, (Maurice Kay LJ, Carnwath LJ, Lloyd LJ): the Claimant sought an order for possession of a house rented to a school caretaker. There was no security of tenure. The caretaker’s 19-year old daughter, who lived with her parents in the property, had cerebral palsy. The property had […]
MB v BEH MH NHS Trust (2011) UKUT 328 (AAC) (Judge Levenson): The upper tribunal held that following the Responsible Clinician's evidence and without hearing any other witnesses or submissions on the law and evidence, the First Tier Tribunal judge stated that the patient could not obtain a conditional discharge and invited the patient to […]
Manchester City Council v G, E (by his litigation friend the Official Solicitor) and F [2011] EWCA Civ 930 (Mummery LJ, Hooper LJ, McFarlane J): E was a 20-year old man who had tuberous sclerosis and serious learning difficulties. He lacked capacity. He had been in the care of F between 1995 and 2009. G […]
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 (SL) v City of Westminster [2011] EWCA Civ 954 (Laws, Richards and Rimer LJJ): the Court of Appeal held that SL, a failed asylum-seeker, had been entitled to residential accommodation, on the basis that he suffered from PTSD and depression and required weekly monitoring by his care co-ordinator as well as some help by […]
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 […]
