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 […]
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 […]
By Victoria Pogge von Strandmann, Maxwell Gillott Solicitors SL was an asylum seeker from Iran who arrived in the UK in 2006, aged 16. He sought asylum on the grounds of persecution due to his homosexuality. His asylum claim was refused in 2007 at which time his asylum support and accommodation was also terminated. After […]
Court of Protection Guidance: applications to the Court of Protection in relation to tenancy agreements (22 June 2011): if a person lacks the mental capacity to sign a tenancy agreement, and no deputy has been appointed, an application should be made to the Court of Protection for authority for a deputy to sign or terminate […]
PH (by his litigation friend the Official Solicitor) v A Local Authority and others [2011] EWHC 1704 (Fam) (Baker J): PH was a 49-year old man who suffered from Huntingdon's Disease (HD). The Court was asked to determine whether he lacked capacity to decide whether he should remain in residential care in order to be […]
Hadzic and Suljic v Bosnia and Herzegovina(Application No.: 00039446/06 : 00033849/08) European Court of Human Rights (N Bratza P): The European Court of Human Rights held that where the applicants in these two separate cases had been convicted of manslaughter but were made subject of a hospital order because of their diminished responsibility at the […]
R (O) v Hammersmith and Fulham LBC [2011] EWCA Civ 925 (Rix LJ, Lloyd Lj and Black LJ): The Court of Appeal held that the Court's duty to consider the welfare of the child under s1, Children Act 1989 does not apply in the context of judicial review. Another age assessment case to add to […]
R (McDonald) v Kensington & Chelsea RLBC [2011] UKSC 33 (Lord Walker JSC, Lady Hale JSC, Lord Brown JSC, Lord Kerr JSC and Lord Dyson JSC): (Lady Hale JSC dissenting) Ms M was not incontinent but, because she had a small bladder, she needed to urinate 2 or 3 times a night, and, because of […]
