LW’s (acting by her mother JB)_Application [2010] NIQB 62 (McCloskey J): The Court granted declarations that the Belfast Health and Social Care Trust had acted unlawfully in failing to provide the applicant with adequate and suitable (i) domiciliary services, (ii) residential placements. As far as concerned the provision of domiciliary services, the Trust had failed […]
Case law: Abul Hakim Ali v the United Kingdom (Application No 40385/06), 11 January 2011: The applicant sought a declaration from the European Court of Human Rights that his rights under Article 2 Protocol 1 (right to education) were violated when he was temporarily excluded from the Lord Grey School in circumstances in which the […]
Case Law R (CJ) v Cardiff County Council [2011] EWHC 23 (Ouseley J): Substantial fact-finding trial of an unaccompanied age dispute minor. It is the first case of its kind to consider the issue of the burden of proof at a substantive trial. Ouseley J held that normally, it is unnecessary to consider the issue […]
Reform of housing benefit for “exempt accommodation” The DWP has published research as part of the review of housing benefit and voluntary sector supported housing: DWP Research Report No. 714 ‘Exempt and supported accommodation’ (click here for copy). (i) – History of events leading to the need for reform In 1995 the Secretary of State […]
Manchester City Council v Pinnock and EHRC [2010] UKSC 45: The court held that the ECtHR jurisprudence established that: any person at risk of being dispossessed of his home at a local authority's suit should in principle have the right to question the measure's proportionality under article 8 ECHR, even if his right of occupation […]
In the matter of RC (deceased) COP No 11639140 (Senior Judge Denzil Lush): the Senior Judge drew attention to the costs rules applicable to COP proceedings, at sections 55 and 56 of the Mental Capacity Act 2005, rules 155 to 168 of the Court of Protection Rules and Practice Directions 19A and 19B, as well […]
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. […]
(Click here for judgment. Jan Luba Q.C. and Shu Shin Luh of Garden Court Chambers represented the appellant.) By Shu Shin Luh and Zubier Yazdani, Pierce Glynn Solicitors On 1st February 2011, the Court of Appeal handed down its judgment in R (FZ) v LB of Croydon [2011] EWCA Civ 59 and found in favour […]
