Dove (Part 1): Jamieson Inquests, Causation, and Conclusions – Doughty Street Chambers

‘Last week [20 March] the Court of Appeal gave judgment in Dove [2023] EWCA Civ 289, an appeal against the Divisional Court’s decision not to order a new inquest into the death of Jodey Whiting, in proceedings brought by her mother Joy Dove. Ms Whiting died a self-inflicted death in the community, after a mental health crisis, in which the decision of the Department of Work and Pensions to cease her benefits was said to have played a contributory role. An inquest in 2017 came to a conclusion of “suicide” (§1).’

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Doughty Street Chambers, 20th March 2023

Source: insights.doughtystreet.co.uk

Case comment: Dove v HM Assistant Coroner for Teesside and Hartlepool [2023] EWCA Civ 289 – Inquests and Inquiries Law Blog

Posted March 30th, 2023 in benefits, causation, coroners, human rights, inquests, news, suicide by sally

’12KBW pupil Corinne Novell gives an update on this case and the outcome of the Court of Appeal hearing, in which challenges were brought with regard to Article 2 and seeking a fresh inquest.’

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Inquests and Inquiries Law Blog, 29th March 2023

Source: inquestsandinquirieslawblog.com

New Acts – legislation.gov.uk

Posted March 27th, 2023 in benefits, genetic testing, international trade, legislation by tracey

2023 c. 9 – Trade (Australia and New Zealand) Act 2023

2023 c. 7 – Social Security (Additional Payments) Act 2023

2023 c. 6 – Genetic Technology (Precision Breeding) Act 2023

2023 c. 5 – Supply and Appropriation (Anticipation and Adjustments) Act 2023

Source: www.legislation.gov.uk

High Court judge sets aside order requiring council to provide interim relief to asylum seeker bringing legal challenge over age assessment – Local Government Lawyer

Posted February 22nd, 2023 in asylum, benefits, children, immigration, judicial review, local government, news, young persons by tracey

‘A High Court judge has granted an application from Liverpool City Council to set aside his order requiring it to provide interim relief to an asylum seeker who claimed that an age assessment carried out by the local authority was “erroneous”.’

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Local Government Lawyer, 21st February 2023

Source: www.localgovernmentlawyer.co.uk

Asylum support rate increased after Home Secretary’s unlawful failings – EIN Blog

Posted February 13th, 2023 in asylum, benefits, government departments, immigration, news by tracey

‘On 16 December 2022, following a one-day trial heard in the High Court in Manchester, Fordham J. made an eyebrow-raising order including declarations that the Home Secretary had unlawfully failed to review the rate of asylum support payments under section 95 of the Immigration and Asylum Act 1999 (“IAA 1999”) and had failed to ensure the rate is adequate to meet the essential living needs of asylum seekers. Unbeknown to many, that state of affairs had been so since 14 September 2022. The Home Secretary would continue to be acting unlawfully unless and until she increased the rate, either by a policy decision or by amending the Asylum Support Regulations 2000.’

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EIN Blog, 6th February 2023

Source: www.ein.org.uk

The recognition of polyamorous marriages in England and Wales – Family Law

Posted February 13th, 2023 in benefits, immigration, Law Commission, marriage, news, parliament, pensions by tracey

‘The House of Commons Library has published a briefing paper considering when polygamous marriages might be legally recognised.’

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Family Law, 10th February 2023

Source: www.familylaw.co.uk

Vulnerable woman lay dead in Surrey flat for more than three years – The Guardian

‘A severely mentally ill woman whose dead body lay in her home unnoticed for more than three years was effectively “abandoned and left to die” by NHS and social services who missed repeated chances to save her, her family has alleged.’

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The Guardian, 26th January 2023

Source: www.theguardian.com

Braverman acting unlawfully over asylum seeker support, high court finds – The Guardian

Posted December 19th, 2022 in asylum, benefits, government departments, immigration, news, refugees by tracey

‘The home secretary is acting unlawfully in failing to ensure the rate of support for more than 50,000 asylum seekers is adequate by not implementing an increase of almost £5 a week recommended by officials, the high court has found.’

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The Guardian, 17th December 2022

Source: www.theguardian.com

Appeal Begins For People Fighting For The £20 Uplift In Universal Credit Payments – Each Other

Posted December 8th, 2022 in appeals, benefits, coronavirus, disability discrimination, judicial review, news by sally

‘Two million people on legacy benefits missed out more than £1,500 in extra Universal Credit support payments during the Covid-19 lockdown in the UK. Four claimants brought a challenge to the High Court in November 2021 in relation to the UK government’s failure to apply a similar increase to legacy benefits. Today, the Court of Appeal will heard the case.’

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Each Other, 7th December 2022

Source: eachother.org.uk

Research Briefing: The Supported Housing (Regulated Oversight) Bill 2022-23 – House of Commons Library

Posted November 17th, 2022 in benefits, bills, housing, landlord & tenant, local government, news, parliament by tracey

‘Bob Blackman’s Private Members Bill will receive its second reading on 18 November 2022. This paper explains how the bill aims to strengthen regulation of supported exempt housing in England.’

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House of Commons Library , 15th November 2022

Source: commonslibrary.parliament.uk

New Acts – legislation.gov.uk

Posted October 28th, 2022 in benefits, energy, health, legislation by tracey

2022 c. 44 – Energy Prices Act 2022

2022 c. 43 – Health and Social Care Levy (Repeal) Act 2022

2022 c. 42 – Social Security (Special Rules for End of Life) Act 2022

2022 c. 41 – Supply and Appropriation (Adjustments) Act 2022

Source: www.legislation.gov.uk

Benefit claimant wins High Court challenge over DWP policy approach to “Third Party Deductions” – Local Government Lawyer

Posted September 29th, 2022 in benefits, judicial review, news, third parties, utilities by sally

‘The High Court has declared unlawful the Department for Work & Pensions’ written guidance for officials on ‘third party deductions’.’

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Local Government Lawyer, 29th September 2022

Source: www.localgovernmentlawyer.co.uk

14,000 online whistleblowers prompt HMRC crack down on furlough fraud – OUT-LAW.com

Posted August 25th, 2022 in benefits, coronavirus, fraud, news, whistleblowers by sally

‘UK businesses have been warned to expect a crackdown on furlough fraud by one legal expert, after HM Revenue & Customs (HMRC) revealed that almost 14,000 whistleblowers had come forward with information about misuse of the scheme.’

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OUT-LAW.com, 24th August 2022

Source: www.pinsentmasons.com

Government urged to classify Covid as an occupational disease – The Guardian

‘Ministers should urgently classify Covid-19 as an occupational disease to prompt employers to reduce the risk of exposure and help workers access key benefits, the TUC has said.’

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The Guardian, 15th August 2022

Source: www.theguardian.com

Couple who cashed in on mother’s Hertfordshire health scam jailed – The Guardian

‘A couple who enjoyed holidays abroad with money from a relative who faked being bedridden to scam a local authority out of more than £624,000 have been jailed.’

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The Guardian, 19th July 2022

Source: www.theguardian.com

New Act – legislation.gov.uk

Posted June 29th, 2022 in benefits, legislation by tracey

2022 c. 38 – Social Security (Additional Payments) Act 2022

Source: www.legislation.gov.uk

Court of Appeal to consider appeal from council over whether cost of holidays and recreation for people with care needs can fall to be met under Care Act 2014 – Local Government Lawyer

Posted June 15th, 2022 in appeals, benefits, disabled persons, holidays, local government, news by sally

‘The Court of Appeal will this week (16 June) will this week consider the role of local authorities, under the Care Act 2014, in respect of facilitating holidays and recreation for people with care needs.’

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Local Government Lawyer, 14th June 2022

Source: www.localgovernmentlawyer.co.uk

The Government’s Social Care Cap ‘Discriminates’ Against Disabled People – Each Other

‘In the UK, social care that is provided by councils is “means-tested”. This means that those whose income or capital is above a particular threshold are charged in part or in full for their care. People who need residential care or long-term support can pay many thousands of pounds for care over their lifetime, with some having to sell their home to pay for this.’

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Each Other, 27th May 2022

Source: eachother.org.uk

Tetyana Krupiy: The Modern Bill of Rights creates barriers to challenging algorithmic decisions – UK Constitutional Law Association

Posted April 19th, 2022 in artificial intelligence, benefits, electronic filing, fraud, human rights, news by sally

‘Challenging inaccurate decisions of public authorities which fundamentally impact the life of the British public, could soon be harder. The UK government plans to replace the Human Rights Act 1998 with a Modern Bill of Rights. Its package of law reform proposals will make it very hard, and in some cases impossible, for individuals to challenge decisions produced by the operation of artificial intelligence decision-making processes in court. While individuals who experience discrimination in their daily lives will be particularly affected, all individuals will face barriers to accessing justice. This development is important in light of the fact that the UK government formulated a strategic priority in 2017 to create conditions for the growth of the artificial intelligence industry in the United Kingdom. As a follow up the UK government set up the Government Digital Service and the Office for Artificial Intelligence in 2019 in order to inform public authorities about how they can embed artificial intelligence technology into the provision of public services. This suggests that public authorities will make increasing reliance on the employment of artificial intelligence decision-making processes. The Department for Work and Pensions (DWP) is already using artificial intelligence technology to detect which individuals are fraudulently claiming benefits.’

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UK Constitutional Law Association, 19th April 2022

Source: ukconstitutionallaw.org

DWP faces legal action over use of algorithm in decisions over fraud investigations – Local Government Lawyer

‘The Greater Manchester Coalition of Disabled People (GMCDP) and non-profit legal group Foxglove have sent the Department for Work & Pensions (DWP) a letter before action over its use of a computer algorithm when deciding on who should be investigated for fraud.’

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Local Government Lawyer, 23rd February 2022

Source: www.localgovernmentlawyer.co.uk