Lacuna in leave to remain policy arising from delays in identification of victims of trafficking – Garden Court Chambers

‘In EOG v SSHD [2020] EWHC 3310 (Admin) the Court considered a challenge to the Home Office’s policy not to grant victims of trafficking a right to work or leave to remain whilst they are within the National Referral Mechanism. Mostyn J found in the Claimant’s favour and declared the Home Office’s policy unlawful as it failed to implement the obligation in Article 10.2 of ECAT to protect potential victims of trafficking from removal pending the conclusion of the process. He held that “[s]uffering such persons to remain as overstayers, or as illegal immigrants, does not fulfil the obligation” (§48). He left the issue of how the policy should be reformulated to the Home Office to determine. As regards the right to work, the Judge held that “Someone in the position of the claimant, who has a time-limited right to work, should not have the arbitrary adverse consequence of a removal of that right meted out to her simply by virtue of the delays that she is likely to face” (§48).’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

UK broke law by ‘systematically and persistently’ breaching air pollution limits, top court rules – The Independent

Posted March 5th, 2021 in brexit, EC law, environmental health, government departments, news, pollution by tracey

‘The EU’s top court court has ruled that the UK broke the law by “systematically and persistently” breaching air pollution limits.’

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The Independent, 4th March 2021

Source: www.independent.co.uk

Priti Patel bullying case dropped after civil servant receives undisclosed settlement – The Independent

‘Home secretary Priti Patel is coming under intense pressure to reveal how much taxpayers’ money was spent on settling a bullying claim from her former top civil servant, who dropped an employment tribunal case after receiving a sum believed to run into six figures.’

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The Independent, 4th March 2021

Source: www.independent.co.uk

Errol Graham: Starved man’s family loses High Court benefits case – BBC News

‘The family of a man who starved to death after his benefits were stopped has lost a High Court challenge against the government.’

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BBC News, 3rd March 2021

Source: www.bbc.co.uk

UK failed to inform EU countries about almost 200 killers and rapists – The Guardian

‘The conviction of 109 killers, 81 rapists and a man found guilty of both crimes in UK courts was not passed on to the criminals’ home EU countries due to a massive computer failure and subsequent cover-up, the Guardian can reveal.’

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The Guardian, 2nd March 2021

Source: www.theguardian.com

New Acts – legislation.gov.uk

Ministerial and other Maternity Allowances Act 2021

Covert Human Intelligence Sources (Criminal Conduct) Act 2021

Source: www.legislation.gov.uk

High Court: Covid self-employed support scheme does not unlawfully discriminate against women – UK Human Rights Blog

‘R (The Motherhood Plan and Anor) v HM Treasury [2021] EWHC 309 (Admin). In a judgment handed down on 17 February 2021, the High Court has ruled that the Self Employment Income Support Scheme (“the Scheme”) introduced during the coronavirus pandemic does not indirectly discriminate against self-employed women who have taken a period of leave relating to maternity or pregnancy in the last three tax years.’

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UK Human Rights Blog, 26th February 2021

Source: ukhumanrightsblog.com

Unhappy judges not as dissatisfied as they were, research shows – Litigation Futures

Posted March 1st, 2021 in government departments, judges, judiciary, news, statistics by tracey

‘Judges are a bit happier in their jobs than they were five years ago but feel seriously undervalued by the government, the latest judicial attitude survey has revealed.’

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Litigation Futures, 1st March 2021

Source: www.litigationfutures.com

New laws to protect victims added to Domestic Abuse Bill – Home Office

‘A raft of new amendments to the Domestic Abuse Bill will be presented, providing greater protections for victims and further clamping down on perpetrators.’

Full press release

Home Office, 1st March 2021

Source: www.gov.uk/home-office

High court dismisses case on ‘failure to give guidance on prioritising patients’ – The Independent

‘A legal challenge to the government’s alleged failure to issue national guidance on how to prioritise patients during the Covid-19 pandemic has been dismissed by the High Court.’

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The Independent, 28th February 2021

Source: www.independent.co.uk

Non-fatal strangulation to carry five years in prison under reforms – The Guardian

‘Ministers will make non-fatal strangulation a specific criminal offence punishable by five years’ imprisonment following pressure from campaigners.’

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The Guardian, 1st March 2021

Source: www.theguardian.com

Government reveals long-awaited whiplash rules and tariffs – Law Society’s Gazette

‘The government has confirmed that legislation paving the way for whiplash reforms will come into force from 31 May. Newly-published draft statutory instruments have also finally indicated the tariff levels at which damages will be set for soft tissue injuries suffered in road traffic accidents.’

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Law Society's Gazette, 26th February 2021

Source: www.lawgazette.co.uk

Government agrees to call pregnant ministers ‘mothers’ – The Independent

‘The government has agreed to change the wording in its new maternity leave legislation from referring to “pregnant people” to “mothers” after the phrasing was rejected by the House of Lords – despite gender-neutral language being government convention.’

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The Independent, 26th February 2021

Source: www.independent.co.uk

New UK laws needed to stop hate speech and extremism, says report – The Guardian

‘Massive gaps in the law allow terrorism to be glorified and hatred to be spread, and a major crackdown is needed to stop more violence being triggered, an official report has said.’

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The Guardian, 24th February 2021

Source: www.theguardian.com

James Bevan: ‘10-year prison sentences for breaching COVID-19 entry requirements into the United Kingdom’? Governmental Decree is undermining the Rule of Law – UK Constitutional Law Association

‘The Secretary of State for Health, Matt Hancock, announced in Parliament on Tuesday 9th February that those returning from ‘red list’ countries who fail to disclose that fact could receive a 10-year prison sentence following conviction (see The Telegraph).’

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UK Constitutional Law Association, 24th February 2021

Source: ukconstitutionallaw.org

The PPE procurement case: transparency missed in both politics and law – Transparency Project

Posted February 24th, 2021 in coronavirus, government departments, judicial review, news, public procurement by sally

‘Last week the High Court made a widely publicised decision declaring that a government minister and his department had acted unlawfully in relation to the award of PPE procurement contracts in the early weeks of the pandemic. The case is called R (Good Law Project and others) v Secretary of State for Health and Social Care [2021] EWHC 346 (Admin). It’s of particular interest to us because it’s all about transparency.’

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Transparency Project, 23rd February 2021

Source: www.transparencyproject.org.uk

Fewer than one in six ‘hostile environment’ raids led to deportations – The Guardian

‘Fewer than one in six of more than 44,000 “intelligence-led” Home Office immigration enforcement raids on people’s homes since the introduction of the “hostile environment” policy have resulted in deportations, according to data obtained by the Guardian.’

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The Guardian, 21st February 2021

Source: www.theguardian.com

Fly-tipping: Licensing system failing to stop dumping, Panorama finds – BBC News

Posted February 22nd, 2021 in enforcement, government departments, licensing, local government, news, waste by tracey

‘A BBC Panorama investigation has revealed how the government’s licensing system for waste carriers fails to stop fly-tipping. All businesses that transport and dispose of waste in England have to be licensed with the Environment Agency.
But there are few checks on who gets a licence and BBC Panorama found licensed firms can still be involved in the dumping of rubbish.’

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BBC News, 22nd February 2021

Source: www.bbc.co.uk

Provision of support to trafficking victims following a negative conclusive grounds decision – Garden Court Chambers

‘In MN v SSHD [2020] EWCA Civ 1746 the Court of Appeal considered several linked cases brought by victims of trafficking who had received negative Conclusive Grounds decisions.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

At-home early medical abortions should be made permanent, say advocacy groups – The Guardian

‘Covid legislation in England allows patients in first 10 weeks of pregnancy to take pills at home.’

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The Guardian, 18th February 2021

Source: www.theguardian.com