DWP warns carers they could face greater penalties if they appeal against fines – The Guardian

Posted April 18th, 2024 in appeals, benefits, carers, fines, news, penalties by sally

‘Government officials have been accused of using “threatening and cruel” tactics towards unpaid carers by saying they could face even greater financial penalties if they appeal against “vindictive” benefit fines.’

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The Guardian, 17th April 2024

Source: www.theguardian.com

Carers scandal: why are so many being prosecuted by the UK government? – The Guardian

‘George Henderson was convicted of fraud and had to repay £19,500 in carer’s allowance years after ticking the wrong box on the form. He is not alone. The Guardian society editor, Patrick Butler, looks at why thousands are facing prosecution over innocent mistakes.’

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The Guardian, 12th April 2024

Source: www.theguardian.com

Carer convicted over benefit error worth 30p a week fights to clear his name – The Guardian

‘A carer who says he was “dragged through the courts” and had to sell his home to pay back almost £20,000 in benefit overpayments is fighting to clear his name after the Department for Work and Pensions (DWP) acknowledged he made an innocent mistake.’

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The Guardian, 12th April 2024

Source: www.theguardian.com

DWP take Cheshire woman’s inheritance over supermarket job – BBC News

Posted April 4th, 2024 in benefits, carers, news, proceeds of crime by tracey

‘A woman has told of her shock after the government seized £16,000 left to her by her mother because she was overpaid her carer’s allowance.’

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BBC News, 4th April 2024

Source: www.bbc.co.uk

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

Review of law on kinship – Law Commission

Posted December 19th, 2023 in carers, families, Law Commission, news by tracey

‘If a child can’t live with their parents, they should ideally live with someone they already know and trust. This is called kinship care. The Law Commission will be carrying out a review into the legal framework for kinship carers. The project has been referred to us by the Department for Education who are seeking to ensure the legislative framework is fair, modern, and best meets the needs of some of the most vulnerable members of society.’

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Law Commission, 15th December 2023

Source: lawcom.gov.uk

Dismissing for redundancy: making sure all other options are explored properly – 3PB

‘C was employed by the R as a live-in carer. The person for whom she cared went into hospital. Usually the R would have moved C to care for another individual. However, the effects of the pandemic were such that there was less opportunity to do so. C’s last day of work for the person for whom she cared was 8.2.20; she thereafter received no work, and no pay.’

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3PB, 5th June 2023

Source: www.3pb.co.uk

New Acts – legislation.gov.uk

2023 c. 18 – Carer’s Leave Act 2023

2023 c. 17 – Protection from Redundancy (Pregnancy and Family Leave) Act 2023

Source: www.legislation.gov.uk

Court of Appeal makes “unusual order” allowing appeal over refusal to make person party to care proceedings – Local Government Lawyer

‘The Court of Appeal has allowed an appeal over a Family Court judge’s refusal of an application by an appellant non-relative, Mr B, to become a party to care proceedings.’

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Local Government Lawyer, 10th January 2023

Source: www.localgovernmentlawyer.co.uk

Claimant wins judicial review challenge over “unlawful” level of Care Act support – Local Government Lawyer

Posted November 18th, 2022 in autism, carers, disabled persons, duty of care, judicial review, local government, news by tracey

‘An autistic woman has succeeded in a claim for judicial review against the London Borough of Croydon after a deputy High Court judge ruled that the council had failed to meet her needs contrary to the requirements of the Care Act 2014.’

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Local Government Lawyer, 17th November 2022

Source: www.localgovernmentlawyer.co.uk

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