Seal v UK 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 claimant […]
Case Law Little by way of reported cases this month but it seems that some local authorities, in age disputes, are still refusing to re-assess a putative child's age in circumstances where fresh evidence is made available on the basis that an immigration judge has already ruled on the fact of age. Practitioners should remind […]
HAPPY NEW YEAR FROM THE SOCIAL WELFARE LAW GROUP AT GARDEN COURT! R (KM) v Cambridgeshire CC [2010] EWHC 2065 (Admin)(HHJ Bidder QC): It was lawful to assess the needs of an individual and then to translate those assessed needs into an appropriate level of funding, that is thought will reasonably meet those needs, via […]
Case law A v Essex CC [2010] UKSC 33: Damages claim based on Article 2 Protocol 1 of the ECHR and what the scope and content of this right is in domestic law. Appellant is a severely autistic young man, now aged 21, who suffers significant learning difficulties who was asked to be kept at […]
R (on the application of (1) Fauzia Abbassi & Ors (2) Mahubur Rahman & Ors (3) Omeanda Adams & Ors) v Secretary of State for the Home Department [2010] EWHC 2894 (Admin) (Judge Bidder Q.C.): The secretary of state's decision not to take into account policy DP 5/96, which contained a general presumption against the […]
CUTS TO LEGAL AID AND WELFARE BENEFITS THE GREEN PAPER ON PROPOSALS FOR THE REFORM OF LEGAL AID IN ENGLAND AND WALES What the Green Paper Says On 15 November 2010 the Ministry of Justice issued a green paper on ‘Government Proposals for the Reform of Legal Aid in England and Wales’, (Cm 7967) (‘the […]
Re MIG (Incapacitated Adult) and MEG (Incapacitated Minor), Surrey County Council v CA[2010] EWHC 785 (Fam) (Parker J): MIG (aged 18) is placed with a foster family. MEG (aged 17) is in a small residential home. They have moderate to severe learning disabilities. They are under continuous supervision and control and both lack capacity to […]
The Ministry of Justice has published Memorandum to the Justice Select Committee: Post-Legislative Assessment of the Mental Capacity Act 2005. Click here to read the report. Re AVS v A NHS Trust [2010] EWHC 2746 (COP) (Sir Nicholas Wall): directions were given in a case where there was a dispute about whether the patient was […]
