Errol Graham death: Nottingham man starved after benefits stopped – BBC News
‘Relatives of a man who starved to death after his benefits were stopped have said the system is “not fit for purpose”.’
BBC, 29th January 2020
Source: www.google.com
Category: benefits
When to disapply subordinate legislation – Law Society’s Gazette
‘It is still relatively uncontroversial to suggest that, as a matter of public law, public authorities must comply with legislation. But what should public authorities do where such compliance would actually result in a breach of a right under the European Convention on Human Rights? In RR v Secretary of State for Work and Pensions [2019] UKSC 52, the Supreme Court held that it is not unconstitutional for a public authority to disapply a provision of subordinate legislation to avoid breaching a convention right. This is necessary under the Human Rights Act 1998. Public authorities will be looking to the horizon to see what impact this decision may have more widely.’
Law Society's Gazette, January 2020
Source: www.lawgazette.co.uk
Former lawyer sentenced for benefit fraud – Crown Prosecution Service
‘A former lawyer who said he could not walk without help, but was spotted driving a miniature locomotive, has been sentenced for benefit fraud.’
Crown Prosecution Service, 10th January 2020
Source: www.cps.gov.uk
10 cases that defined 2019 – UK Human Rights Blog
‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’
UK Human Rights Blog, 19th December 2019
Source: ukhumanrightsblog.com
Housing benefits, human rights and possession claims – Local Government Lawyer
‘Public sector and private sector landlords need to know about a recent housing benefit ruling from the Supreme Court, write Karl Anders and Deborah Brown.’
Local Government Lawyer, 17th December 2019
Source: www.localgovernmentlawyer.co.uk
Council acted unlawfully when assessing whether applicant was ‘former relevant child’ – Local Government Lawyer
‘The High Court has ruled that the London Borough of Ealing acted unlawfully in its assessment of whether applicant AB was a “former relevant child” within the meaning of section 23C of the Children Act 1989.’
Local Government Lawyer, 13th December 2019
Source: www.localgovernmentlawyer.co.uk
Disabled woman called ‘lying bitch’ by welfare official awarded £5,000 – The Guardian
‘A disabled woman has been awarded £5,000 in an out-of-court settlement after being called a “lying bitch” by a welfare official in formal legal papers after challenging a decision to cut her disability benefits.’
The Guardian, 12th December 2019
Source: www.theguardian.com
Court of Appeal rules as academic proceedings on discretionary housing payments and contributions – Local Government Lawyer
‘The Court of Appeal had dismissed as academic a case brought against the London Borough of Islington over its discretionary housing payments (DHP) policy and a requirement for a claimant to make a contribution to a shortfall in rent.’
Local Government Lawyer, 4th December 2019
Source: www.localgovernmentlawyer.co.uk
UK government loses supreme court fight over bedroom tax – The Guardian
‘The supreme court has ruled against the UK government’s attempts to force the bedroom tax on 155 partners of people with severe disabilities, in a decision that will hamper ministerial attempts to water down human rights legislation.’
The Guardian, 13th November 2019
Source: www.theguardian.com
Half of disability benefits appeals won in tribunal court – BBC News
‘One in two people who appealed in court against a decision to deny them disability benefits were successful, analysis of five years of data shows.’
BBC News, 14th November 2019
Source: www.bbc.co.uk
“Bedroom tax” unlawful -Strasbourg Court – UK Human Rights Blog
‘Much may have changed in the political world since the Coalition Government introduced its controversial ‘bedroom tax’, but the legal fall-out from the policy continues. The European Court of Human Rights has delivered its verdict on the compatibility of the scheme with the prohibition on discrimination set out in Article 14 of the European Convention on Human Rights. The Strasbourg Court has found that the policy discriminated unlawfully against women at risk of domestic violence.’
UK Human Rights Blog, 12th November 2019
Source: ukhumanrightsblog.com
‘Dangerous’ government advert for universal credit ruled misleading by watchdog – The Independent
‘A complaint that a government advert extolling the benefits of universal credit was misleading, and thus “dangerous to the health and financial security of disabled people”, has been upheld by the UK’s advertising watchdog.’
The Independent, 6th November 2019
Source: www.independent.co.uk
Rise of the algorithms – UK Human Rights
‘The use of algorithms in public sector decision making has broken through as a hot topic in recent weeks. The Guardian recently ran the “Automating Poverty” series on the use of algorithms in the welfare state. And on 29 October 2019 it was reported that the first known legal challenge to the use of algorithms in the UK, this time by the Home Office, had been launched. It was timely, then, that the Public Law Project’s annual conference on judicial review trends and forecasts was themed “Public law and technology”.’
UK Human Rights Blog, 4th November 2019
Source: ukhumanrightsblog.com
Social care support and persons subject to immigration control – Local Government Lawyer
‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.’
Local Government Lawyer, 1st November 2019
Source: www.localgovernmentlawyer.co.uk
European Court of Human Rights rules against the UK in ‘bedroom tax’ case – Doughty Street Chambers
‘Today [24 October] the European Court of Human Rights has ruled, in the case of A v the United Kingdom, that the so-called ‘bedroom tax’ unlawfully discriminates against vulnerable victims of domestic violence.’
Doughty Street Chambers, 24th October 2019
Source: www.doughtystreet.co.uk
Bedroom tax, sanctuary schemes and human rights redux – Nearly Legal
‘Case of J. D. and A. v United Kingdom 32949/17 34614/17. The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the Sanctuary Scheme to include the modification of the attic to render it a “panic room”. (Our report here). The Supreme Court found that this was for a case by case evaluation, not something that required a blanket exemption for a class of people, and there were Discretionary Housing Payments possible. The European Court of Human Rights, in a 5/2 split decision, has now found that it was not justified discrimination.’
Nearly Legal, 27th October 2019
Source: nearlylegal.co.uk
Watchdog to investigate suicide monitoring of benefit claimants after ministers refuse to publish data – The Independent
‘A watchdog is to investigate the government’s monitoring of suicides among benefit claimants amid concerns about links between welfare reforms and declining mental health.
The National Audit Office (NAO) said it would call on the Department for Work and Pensions (DWP) to reveal what information it held on the issue, after ministers refused to provide an MP with figures on the number of people in the welfare system who had taken their own lives.’
The Independent, 21st October 2019
Source: www.independent.co.uk
Hostile environment ruled not a factor in death of Windrush man – The Independent
‘A coroner has ruled that the Home Office’s “hostile environment” did not contribute to the death of a Windrush citizen who lost his life after spending months struggling to prove his right to live in the UK.’
The Independent, 7th october 2019
Source: www.theguardian.com
Mother sentenced for making false disability claims for her son who was in the Philippines – Crown Prosecution Service
‘A woman who claimed her son was living in the loft when he had moved to the Philippines has been sentenced for dishonestly claiming thousands of pounds of benefits for him.’
Crown Prosecution Service, 1st October 2019
Source: www.cps.gov.uk
NRPF: The crisis facing the children of migrants – Family Law Week
‘Cameron Boyle, political correspondent for the Immigration Advice Service, explains the impact on the children of migrants of having no recourse to public funds and encountering problems with local authorities’ application of Children Act 1989, section 17.’
Family Law Week, 11th September 2019
Source: www.familylawweek.co.uk
