Suffolk couple stole £200K intended for disabled son’s care – BBC News

Posted February 26th, 2024 in benefits, carers, children, disabled persons, families, fraud, imprisonment, news, sentencing, theft by tracey

‘A couple claimed more than £200,000 for care for their disabled son, but kept the money to fund their own “extravagant lifestyle”.’

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BBC News, 25th February 2024

Source: www.bbc.co.uk

St Helens woman who faked cancer and claimed £22k jailed – BBC News

Posted October 30th, 2023 in benefits, cancer, fraud, imprisonment, news, sentencing by tracey

‘A woman who lied about having cancer to fraudulently claim more than £22,000 in benefits was a “fraudster” with a “dishonest vein that runs through your body”, a judge has said.’

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BBC News, 28th October 2023

Source: www.bbc.co.uk

Man who made fake ID using Border Agency letter and claimed £349k jailed – BBC News

Posted October 25th, 2023 in benefits, fraud, imprisonment, news, sentencing by sally

‘A man who used a letter from the UK Border Agency to create a false identity and claim £349,000 in benefits has been jailed for fraud.’

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BBC News, 25th October 2023

Source: www.bbc.co.uk

Joe Tomlinson, Eleana Kasoulide, Jed Meers & Simon Halliday: Targeted case reviews: a legitimate compliance exercise or a scandal in the making? – UK Constitutional Law Association

Posted October 23rd, 2023 in benefits, constitutional law, government departments, news by tracey

‘Government has a legitimate interest in seeking to prevent and reduce error in the benefits system and in taking action to recover funds lost. And there is widespread pressure for the Department for Work and Pensions to do just that. However, creating systems capable of doing this work is fraught with challenges, including in terms of maintaining fairness and legality. Chief amongst them is the complexity of undertaking error detection work at the scale necessary for effectiveness without harming benefit recipients, who are often vulnerable and for whom benefits are an essential source of financial support. Such challenges are also magnified when, as is typical in modern government, techniques such as outsourcing to private companies and risk assessment are adopted.’

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UK Constitutional Law Association, 23rd October 2023

Source: ukconstitutionallaw.org

Offers of accommodation and the public sector equality duty – Local Government Lawyer

Posted September 22nd, 2023 in appeals, benefits, equality, housing, local government, news by tracey

‘Michael Mullin and Scarlet Taylor-Waller analyse an important Court of Appeal ruling in a case where a council offered accommodation in Walsall to an appellant who had lived all her life in London.’

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Local Government Lawyer, 21st September 2023

Source: www.localgovernmentlawyer.co.uk

Distance, affordability, suitability – Nearly Legal

Posted August 29th, 2023 in benefits, equality, homelessness, housing, local government, news, statutory duty by sally

‘This was the second appeal from a review decision upholding the suitability of an offer of a private sector tenancy in Walsall in discharge of Waltham Forest’s s.193 duty to Ms Webb-Harden. Ms Webb-Harden is a single mother with three children, who had lived in London all her life. She had become homeless from the termination of a private sector tenancy.’

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Nearly Legal, 28th August 2023

Source: nearlylegal.co.uk

UK failing to protect disabled people, says equalities watchdog – Local Government Lawyer

‘The Equality and Human Rights Commission (EHRC) has warned of the consequences of “continuing inaction” from governments in addressing problems faced by disabled people.’

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Local Government Lawyer, 22nd August 2023

Source: www.localgovernmentlawyer.co.uk

Fresh Inquest into Death by Suicide Following Cessation of Benefits is Granted – QMLR

‘This case concerned Ms Whiting, who had a history of spinal conditions, mental health problems, and suicidal ideation. In September 2016, Ms Whiting needed a reassessment for her ESA benefit allowance. She requested a home visit due to her mobility problems and anxiety. The DWP failed to action this, and required her to attend an appointment in person. Ms Whiting was unable to do so, at that time being housebound with pneumonia.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

New report calls for transformative change to child services – UK Administrative Justice Institute

Posted July 12th, 2023 in benefits, care homes, children, families, human rights, news by sally

‘Creating a social security system that guarantees the essentials in life, regulating for-profit children’s homes, and extending peer-parent support are among a list of recommendations researchers believe could help to eradicate the “toxic culture” of England’s Child Protection Services.’

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UK Administrative Justice Institute, 12th July 2023

Source: ukaji.org

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.’

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BBC News, 14th May 2023

Source: www.bbc.co.uk

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’.’

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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.’

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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).’

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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