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 […]
RT v LT and a local authority[2010] EWHC 1910 Fam (Sir Nichols Wall, President): on the evidence a 23-year-old woman lacked the capacity under the Mental Capacity Act 2005 to decide where she should live and what contact she should have with members of her family. The President said: “I basically agree …… that what […]
LC v DHIH & SOSJ & CUK [2010] UKUT 319 (AAC) (Levenson J): The Upper Tribunal held the Welsh MHT decision not to discharge the patient, following a deferred conditional discharge, was inadequately reasoned: (i) the MHT took account of matters to which it had not referred in its original decision; (ii) in relation to […]
Case Law R (SO) v Barking and Dagenham LBC [2010] EWCA EWCA Civ 1101 (Jacob LJ, Leveson LJ, Tomlinson LJ): "Other assistance" in S23C(4)(c) of the Children Act 1989 includes a power to provide acocmmodation. The local authority was not entitled to take into account the possibility of support from the National Asylum Support Service […]
R (Buckinghamshire CC) v Kingston RBC and others [2010] EWHC 1703 Admin (Wyn Williams J): local social services authority A was not under a legal duty to notify or consult with local social services authority B, before providing care services to a service user, that would result in the service user living in supported accommodation […]
Practice Note DISABILITY LIVING ALLOWANCE THE HIGHER RATE MOBILITY COMPONENT THE TEST FOR VIRTUALLY UNABLE TO WALK – SOME COMMON ERRORS The disability test for the higher rate mobility component has been described as “perhaps the most litigated area in social security law”(R(DLA) 4/03 para 19). The statutory test in regulation 12(1)(a)(ii) of the Social […]
Where a local authority is notified of a child from abroad under 16 who is being privately fostered questions can arise as to the duties that then arise for that local authority. This is likely to occur where a foreign national child is brought to the United Kingdom by a parent, a relative or an […]
On 24 April 2015 the DWP issued guidance in relation to removing the right of EEA nationals and their family members to claim universal credit. The new guidance provides advice to decision makers on the Universal Credit (EEA Jobseekers) Amendment Regulations 2015(SI.No.546/2015) which, from 10 June 2015, provide that EEA nationals who are jobseekers and […]
