Latest Updates
Court of Protection | Monday 31 October 2016
Out of hours authorisation of an operation: Inherent jurisdiction invoked to authorise deprivation of liberty where the person was “ineligible” under Schedule 1A Mental Capacity Act 2005
An NHS Trust v HN [2016] EWCOP 43, Peter Jackson J, 23 September 2016 On an out of hours application the court held that it was in HN’s best interests to have what was a relatively minor operation in order to prevent much more serious harm, and authori
Children, Migrant support | Monday 31 October 2016
Children in Crisis: Debate in House of Lords on 1 November 2016
The House of Lords Select Committee on the European Union will hold a debate on children in crisis tomorrow, 1 November 2016.
Children, Education | Monday 31 October 2016
Guidance laid down on approach of SEN Tribunal to dispute over parental preference for named school in statement
S-G v Denbighshire County Council, (B) (SEN) [2016] UKUT 0460 (AACC), 6 October 2016 Guidance is given by the Upper Tribunal to Special Educational Needs Tribunals on dealing with cases where parents cannot agree on the maintained school to be specifie
Children, Migrant support | Monday 31 October 2016
Section 95 asylum support rates held lawful and rational
R (SG and Ors) v Secretary of State for the Home Department, the Equality and Human Rights Commission intervening [2016] EWHC 2639 (Admin) (Flaux J), 24 October 2016 Three conjoined claims for judicial review challenged decisions by the Secretary of St
Court of Protection | Sunday 30 October 2016
Court of Protection committal application: sentence of 6 months in prison for breach of order
Devon County Council v M [2016] EWCOP 42, Newton J, 18 August 2016 On an application for committal, the 71-year-old respondent, was sentenced to six months imprisonment. The warrant was suspended for 7 days to give her one last chance to comply.
Welfare benefits | Sunday 30 October 2016
The lawfulness of the "genuine prospect of work" test and the requirement for “compelling evidence” following the amendments to reg 6 of the EEA Regulations 2006
Secretary of State for Work and Pensions v MB (JSA) and others (European Union law: free movement) [2016] UKUT 372 (AAC), 05 August 2016 The lead case on the lawfulness of the "genuine prospect of work" (GPOW) test, which was introduced by the UK in 2
Welfare benefits | Sunday 30 October 2016
Guardianship Order did not have the effect that a sister became a direct descendant of her brother under Directive 2004/38/EC
In MS v Secretary of State for Work and Pensions (IS) [2016] UKUT 348 (AAC), 21 July 2016 the Upper Tribunal held that guardianship between a brother and a sister did not create a parental relationship.
Children | Tuesday 4 October 2016
Cross-border secure accommodation orders pursuant to Section 25 of the Children Act 1989
X (A child) and Y (A child) [2016] EWHC 2271 (Fam), 12 September 2016 The practice of local authorities and courts making use of secure accommodation units available in Scotland to address the shortage of such accommodation in England has raised cross-
