Errol Graham: Chances missed to help man who starved to death – BBC News
‘Opportunities to help a man who starved to death were missed, a safeguarding review has found.’
BBC News, 14th May 2023
Source: www.bbc.co.uk
Category: benefits
Dove v Assistant Coroner for Teeside [2023] EWCA Civ 289 (17 March 2023) – Parklane Plowden
‘Mrs Dove’s daughter took her own life after DWP benefits were withdrawn. In September 2021, the Divisional Court refused her application under s13 of the Coroners Act 1988 to quash the Coroner’s determination and direct a new inquest. The Divisional Court considered that the question of ‘how’ someone died in a Jamieson inquest was directed only to the means by which the deceased died, and did not encompass the wider circumstances of their death. In this case, the Court of Appeal considered the meaning of ‘by what means’.’
Parklane Plowden Chambers, 29th March 2023
Source: www.parklaneplowden.co.uk
Dove (Part 2): Article 2 ECHR, Rabone, and Responsibility – Doughty Street Chambers
‘Last week [24 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). In an earlier post I dealt with the first, successful, ground of appeal: that because of fresh evidence it was in the interests of justice to order a new Jamieson inquest. In this post I examine the Court of Appeal’s analysis of the case from the point of view of the engagement of Article 2 ECHR.’
Doughty Street Chambers, 24th March 2023
Source: insights.doughtystreet.co.uk
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).’
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
’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.’
Inquests and Inquiries Law Blog, 29th March 2023
Source: inquestsandinquirieslawblog.com
High Court judge sets aside order requiring council to provide interim relief to asylum seeker bringing legal challenge over age assessment – Local Government Lawyer
‘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”.’
Local Government Lawyer, 21st February 2023
Source: www.localgovernmentlawyer.co.uk
Asylum support rate increased after Home Secretary’s unlawful failings – EIN Blog
‘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.’
EIN Blog, 6th February 2023
Source: www.ein.org.uk
The recognition of polyamorous marriages in England and Wales – Family Law
‘The House of Commons Library has published a briefing paper considering when polygamous marriages might be legally recognised.’
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.’
The Guardian, 26th January 2023
Source: www.theguardian.com
Braverman acting unlawfully over asylum seeker support, high court finds – The Guardian
‘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.’
The Guardian, 17th December 2022
Source: www.theguardian.com
Appeal Begins For People Fighting For The £20 Uplift In Universal Credit Payments – Each Other
‘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.’
Each Other, 7th December 2022
Source: eachother.org.uk
Research Briefing: The Supported Housing (Regulated Oversight) Bill 2022-23 – House of Commons Library
‘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.’
House of Commons Library , 15th November 2022
Source: commonslibrary.parliament.uk
Benefit claimant wins High Court challenge over DWP policy approach to “Third Party Deductions” – Local Government Lawyer
‘The High Court has declared unlawful the Department for Work & Pensions’ written guidance for officials on ‘third party deductions’.’
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
‘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.’
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.’
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.’
The Guardian, 19th July 2022
Source: www.theguardian.com
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
‘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.’
Local Government Lawyer, 14th June 2022
Source: www.localgovernmentlawyer.co.uk
