R (Buckinghamshire CC) v Kingston upon Thames RBC [2011] EWCA Civ 457 (Pill, Patten, Munby LJJ): Buckinghamshire had asserted that Kingston was under a legal duty to consult with Buckinghamshire before providing community care assistance, which resulted in a care home resident moving into supported housing in the Buckinghamshire area and, consequently, becoming Buckinghamshire’s responsibility. […]
R (O) v Hammersmith & Fulham LBC [2011] EWHC 679 (Admin)(Blair J): although the local authority’s decision-making process had been lawful in the main, its conclusion, despite changed circumstances, that O should not be placed at a residential school with a 24-hour/52-week curriculum had been irrational and required to be reconsidered. Click here for the […]
Case Law ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4: Significant decision of the Supreme Court considering the best interest of children who are affected by the decision to remove or deport one or both of their parents from the UK. Although a case decided in the specific context of […]
Policy – DLA to be replaced by a ‘personal independence payment’ The government's proposal to replace disability living allowance (DLA) with a Personal Independence Payment (PIP)can be found in: 'Disability Living Allowance reform', (Cm 7984), (clck here for link) a consultation document, although the deadline for responses has passed. The figures Over 3 million people […]
Mayor and Burgesses of the London Borough of Hounslow (Respondents) v Powell (Appellant); Leeds City Council (Respondent) v Hall (Appellant); Birmingham City Council (Respondent) v Frisby (Appellant)[2011] UKSC 8 (Lord Phillips (President), Lord Hope (Deputy President), Lord Rodger, Lord Walker, Lady Hale, Lord Brown, Lord Collins): These combined appeals concern the making of orders for […]
The Office of the Public Guardian’s website has closed: Content on the OPG website is now available at www.direct.gov.uk/mentalcapacity. Information for professionals can be found at www.justice.gov.uk/about/opg.htm. This website contains orders made by the Court of Protection, the Mental Capacity Act Code of Practice, information about costs and other guidance. A v A Local Authority, […]
Seal v UK (App no: 50330/07): European Court of Human Rights (7 December 2010): The claimant had brought a claim against the police as a result of the police exercising powers under section 136 Mental Health Act 1983 as amended (“the MHA 1983”) which inter alia included claims for assault and trespass to the person. […]
Case Law R (RO) v East Riding of Yorkshire [2011] EWCA Civ 196 (Rix, Smith and Richards LLJ): Allowing the appeal brought by an extremely vulnerable 15-year-old boy with severe autism co-morbid with severe ADHD, the Court of Appeal's judgment establishes the primacy of the LAC regime under Children Act 1989 over the Education Act […]
