R (on the application of Monday) v Secretary of State for the Home Department [2010] QBD (Admin) (4 November 2010) (CMG Ockelton): The Court on allowing the application for judicial review held that the release from a mental hospital of a person, whom the Secretary of State for the Home Department wished to remove to […]
Case Law R (on the application of JF) v Hackney London Borough Council (2010) QBD (Admin) (Calvert-Smith J) extempore 16/11/2010: The non-provision of a care plan by a local authority in respect of a child with severe Autism was unlawful. However, it was inappropriate for the court to order that a particular care plan be […]
R (on the application of L) v Westminister City Council (2010) QBD (Admin) Burnett J, extempore judgment, 15/11/2010: Judicial review related to a decision of the defendant local authority refusing to provide him with accommodation pursuant to the National Assistance Act 1948 s21(1)(a). L was a failed asylum seeker who suffered mental health problems and […]
DISABILITY LIVING ALLOWANCE CARE COMPONENT AT THE LOWEST RATE THE MAIN MEAL TEST The main meal test (also known as ‘the cooking test’) is intended to be a “simple and effective measure of disability” (Hansard 7 March 1991, Col 1545). The test is whether a claimant “cannot prepare a cooked main meal for himself if […]
1. The recent case of R (KS and Ors) v LB of Croydon clarified the correct test which must be applied when determining what constitutes suitable education pursuant to s19, Education Act 1996 2. The case involved 3 claimant unaccompanied asylum seeking children, all 14 years old, all in foster care provided by the local […]
1. The significant change in how age disputes should be dealt with following the Supreme Court’s judgment in R(A) v Croydon LBC [2009] UKSC 8; [2009] 1 WLR 2557 has been slow to filter through the learning of the courts (High Court and Immigration Tribunals) and amongst practitioners. Discussions with community care and immigration practitioners […]
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 […]
UK BORDER AGENCY – GOVERNMENT PLANS REVIEWS OF IMMIGRATION SYSTEM On 6thSeptember 2010 the Immigration Minister Damian Green announced government plans for reviews of the immigration system. The reviews will look into how long term net migration can be reduced by identifying new controls to separate categories of immigration. Click here for more Case Law […]
