R (H) v Birmingham CC [2010] EWHC 2754 Admin (HHJ Purle QC): the council had acted lawfully in consulting on bringing its respite care scheme within its RAS (resource allocation scheme) and assessing the needs of both carers and service users. It had been reasonable to focus on procedures and not outcomes. Complaints that individuals […]
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 […]
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 […]
P (aka MIG) and Q (aka MEG) (by their litigation friend the Official Solicitor) v Surrey C C and others[2011] EWCA Civ 190 (Mummery, Smith and Wilson LJJ): in assessing whether care arrangements for severely disabled teenagers /young adults who lacked capacity might engage Article 5 and amount to a DOL, three elements had to […]
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. […]
The Court of Appeal handed down its judgment in R (RO) v East Riding of Yorkshire Council allowing the Appeal and quashing the Council’s decision.
