Akinsanya judgment in Court of Appeal: Home Secretary must re-think EUSS rules for Zambrano carers – EIN Blog

Posted January 26th, 2022 in appeals, carers, children, EC law, government departments, immigration, news by sally

‘The Court of Appeal has dismissed the Home Secretary’s appeal in Akinsanya, finding that she misinterpreted UK law when setting the Immigration Rules for Zambrano carers under the EU Settlement Scheme (‘EUSS’). The result is that she will now need to reconsider, and potentially redraft, the EUSS Rules as they relate to Zambrano carers. This could have a positive impact on thousands of parents of British citizen children in the UK.’

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EIN Blog, 25th January 2022

Source: www.ein.org.uk

CoA overturns ruling in sex-worker visit case – Law Society’s Gazette

‘Carers would be at risk of committing a criminal offence if they helped an autistic man visit a sex worker, the Court of Appeal has ruled, overturning what had been seen as a landmark ruling for people with learning disabilities and mental disorders.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

Research Briefing: Financial support for family and friends carers (kinship carers) – House of Commons Library

Posted October 15th, 2021 in carers, families, fostering, local government, news, parliament, remuneration by tracey

‘This House of Commons Library briefing paper considers what help is available for grandparents and other family and friends carers (also known as kinship carers) looking after children where their parents are not in a position to do so.’

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House of Commons Library , 7th October 2021

Source: commonslibrary.parliament.uk

NHS nurse sacked over weekend working wins landmark ruling – The Guardian

‘A community nurse who was sacked for not agreeing to work weekends has won a “landmark” ruling for working mothers after a judge said employment tribunals must take childcare disparity into account.’

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The Guardian, 23rd June 2021

Source: www.theguardian.com

Citizens of somewhere: ‘Zambrano’ carers and the EU Settlement Scheme – Doughty Street Chambers

‘The High Court found the Secretary of State erred in law when framing her definition of a “person with a Zambrano right to reside” under the EU Settlement Scheme (“EUSS”). Mostyn J held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights.’

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Doughty Street Chambers, 14th June 2021

Source: insights.doughtystreet.co.uk

Stuck Between a Virus and a Human Rights Breach… – Garden Court Chambers

Posted February 25th, 2021 in carers, coronavirus, fostering, human rights, local government, news by sally

‘These are strange times and the risks posed by the pandemic are constantly changing and increasing. The impact of this on individuals is significant and concerns about personal safety are high. Balancing those concerns with schooling, home schooling and contact means this will become even more difficult.’

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Garden Court Chambers, 24th February 2021

Source: www.gardencourtchambers.co.uk

Deprivation of liberty, family members and what s4B does (and doesn’t) say – Local Government Lawyer

‘A judge recently considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. She also helpfully clarified the current (limited) scope of s.4B MCA 2005, writes Alex Ruck Keene.’

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Local Government Lawyer, 19th February 2021

Source: www.localgovernmentlawyer.co.uk

Aunt loses battle to be joined to Court of Protection proceedings – Local Government Lawyer

Posted December 17th, 2020 in carers, Court of Protection, joinder, learning difficulties, news by tracey

‘Confidential evidence meant a vulnerable woman’s maternal aunt should not be joined to proceedings about her welfare, the Court of Protection has ruled.’

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Local Government Lawyer, 17th December 2020

Source: www.localgovernmentlawyer.co.uk

Female advocates “will lose work” if court hours are extended – Legal Futures

Posted December 17th, 2020 in barristers, carers, coronavirus, courts, news, women, working time by tracey

‘Advocates unable to cover extended operating hours in the courts will likely lose work and could be driven out of the profession as a result, a high-profile group of women barristers has told the government.’

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Legal Futures, 17th December 2020

Source: www.legalfutures.co.uk

Court of Appeal identifies lessons on out of hours applications after disabled man sees human rights breached – Local Government Lawyer

‘The Court of Appeal has set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached.’

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Local Government Lawyer, 29th October 2020

Source: www.localgovernmentlawyer.co.uk

Ombudsman criticises council for leaving visually impaired man without support to access the community – Local Government Lawyer

Posted October 23rd, 2020 in carers, disabled persons, local government, mental health, news, ombudsmen by sally

‘A visually impaired man did not have the help he needed for 14 months after Westminster City Council reduced his support package, the Local Government and Social Care Ombudsman has said.’

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Local Government Lawyer, 22nd October 2020

Source: www.localgovernmentlawyer.co.uk

Female advocates “to lose instructions” with longer court hours – Legal Futures

Posted September 29th, 2020 in barristers, carers, coronavirus, courts, flexible working, news, solicitors, women, working time by sally

‘Criminal advocates unable to accommodate courts’ extended operating hours (EOH) – who are disproportionately women – are likely to miss out instructions even though they can ask for hearings to be held during regular hours instead, research has warned.’

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Legal Futures, 29th September 2020

Source: www.legalfutures.co.uk

Council loses High Court battle over level of support for disabled young woman – Local Government Lawyer

‘The London Borough of Southwark has lost a High Court case over a disabled young woman’s care plan after a judge found aspects of the council’s case to be materially flawed or erroneous.’

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Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

The Legal Aid Funding Gap Could ‘Push Millions Into Poverty’. What Can We Do? – Each Other

Posted July 28th, 2020 in bereavement, carers, disabled persons, human rights, law centres, legal aid, news by sally

‘“There is no way on heaven and earth that I would have been able to [fight my case] in the state I was, I would have just fallen through,” says Michael, whose wife Pauline tragically passed away from a progressive degenerative condition in July 2017.’

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Each Other, 27th July 2020

Source: eachother.org.uk

Circuit poll: Barristers set to quit if court hours are extended – Legal Futures

Posted July 28th, 2020 in barristers, carers, coronavirus, courts, news, women, working time by sally

‘Some 55% barristers would consider leave the Bar if the courts adopt extended operating hours (EOH) and they could set back female barristers’ progress by 50 years, research has found.’

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Legal Futures, 27th July 2020

Source: www.legalfutures.co.uk

BSB defends online exams after students raise discrimination concerns – Law Society’s Gazette

‘The Bar Standards Board has defended its decision to move exams online, saying “there was simply not enough time” to consult widely about the change. Students have claimed the computer-based assessments will discriminate against women, carers and disabled candidates.’

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Law Society's Gazette, 19th June 2020

Source: www.lawgazette.co.uk

Now That We Care About Carers: Temporal Casualisation in Mencap and Uber – Oxford Human Rights Hub

Posted April 28th, 2020 in carers, coronavirus, minimum wage, news, Supreme Court, taxis by sally

‘A few weeks before the lockdown, one of the most important UK labour law cases of the last decade was heard by the Supreme Court. Royal Mencap Society v Tomlinson Blake has not attracted the attention paid to the Uber litigation, also to reach the Supreme Court later this year. Yet Mencap will have significant ramifications for a segment of the British workforce at the front line of the coronavirus response, namely care workers.’

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Oxford Human Rights Hub, 27th April 2020

Source: ohrh.law.ox.ac.uk

Full-time carer crowd funds investigation into legal challenge over failure to increase Carer’s Allowance during coronavirus pandemic – Local Government Lawyer

Posted April 17th, 2020 in benefits, carers, coronavirus, disabled persons, families, news by sally

‘A mother who cares full-time for her severely disabled daughter is crowdfunding an investigation into the potential for a legal challenge over the government’s decision not to increase the Carer’s Allowance in line with other benefits in response to the COVID-19 outbreak.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Sarah Witham (as Executrix of the Estate of Neil Witham, deceased) v Steve Hill Ltd. What counts as a dependency under the 1976 Act and how should you value it? – 12 King’s Bench Walk

‘Neil Witham died at the age of 55 from mesothelioma leaving behind his wife (the Claimant) and his two foster children. At the heart of the dispute between the parties in this case was the width and breadth of the Fatal Accidents Act 1976 and the proper method to quantify the dependency if it fell within the scope of the Act.’

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12 King's Bench Walk, 14th February 2020

Source: www.12kbw.co.uk

“Chilling” failures to comply with the Mental Capacity Act – Doughty Street Chambers

‘In A (Fact-Finding), HHJ Clayton strongly criticised, and awarded costs against, a local authority and Clinical Commissioning Group after their pursuit of a fundamentally flawed approach to the best interests of P, a young man with a severe global delay, who was unable to communicate verbally.’

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Doughty Street Chambers, 20th January 2020

Source: insights.doughtystreet.co.uk