Righting wrongs: interview with Martin Forde QC – Counsel

‘One year on from the launch of the Windrush compensation scheme, the silk who oversaw its design talks to Natasha Shotunde about the scandal, British attitudes to migration and citizenship, and misconceptions holding applicants back from rightful compensation.’

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Counsel, June 2020

Source: www.counselmagazine.co.uk

Windrush scandal: only 60 victims given compensation so far – The Guardian

‘Only 60 people have received Windrush compensation payments during the first year of the scheme’s operation, with just £360,000 distributed from a fund officials expected might be required to pay out between £200m and £500m.’

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The Guardian, 28th May 2020

Source: www.theguardian.com

Privacy group prepares legal challenge to NHS test-and-trace scheme – The Guardian

‘Privacy campaigners are preparing a legal challenge to the NHS’s coronavirus test-and-trace programme as concerns grow about the amount of contact data that will be collected and retained by government.’

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The Guardian, 31st May 2020

Source: www.theguardian.com

Attorney general faces calls to resign after she defends Dominic Cummings – The Guardian

‘The attorney general, Suella Braverman, is facing calls to resign after she joined the chorus of Downing Street loyalists defending Dominic Cummings’s trip to Durham during lockdown.’

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The Guardian, 25th May 2020

Source: www.theguardian.com

EP 112: Government’s reliance on AI in times of plague – Robert Spano – Law Pod UK

‘Robert Spano, who recently commenced his tenure as President of the European Court of Human Rights in the difficult circumstances of lockdown and remote working, discusses with Rosalind English the challenges we face with government’s reliance on automated decision making. This is a question rendered particularly sharp with the pandemic and the conditions under which the restrictions will be lifted.’

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Law Pod UK, 22nd May 2020

Source: audioboom.com

Court rules bar set too high for NHS surcharge and visa fee waivers – The Guardian

‘A court ruling has given hope to thousands of migrants, including health and care workers, that they will no longer have to pay visa and NHS surcharge fees if they cannot afford them.’

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The Guardian, 21st May 2020

Source: www.theguardian.com

Lawyers deny British army to blame for veterans’ illegal immigrant status – The Guardian

‘Government lawyers have rejected a claim brought by eight Commonwealth army veterans, dismissing their allegations that, on discharge, officials failed to assist them with complex, unaffordable immigration rules, leaving them classified as illegal immigrants.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

Unconvicted terrorism suspects face indefinite controls under UK bill – The Guardian

‘Terrorism suspects who have not been convicted of any offence face expanded and potentially never-ending measures to control their lives under proposed counter-terrorism laws unveiled by the UK government.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

Up to 1,500 English primary schools to defy 1 June reopening plan – The Guardian

‘Up to 1,500 primary schools in England are expected to remain closed on 1 June after a rebellion by at least 18 councils forced the government to say it had no plans to sanction them.’

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The Guardian, 19th May 2020

Source: www.theguardian.com

Public Funds Part 1: Public Funds and Coronavirus – Richmond Chambers

‘No Recourse to Public Funds (NRPF) is a condition imposed on an individual’s immigration status in the UK, which prevents them from accessing certain benefits and forms of support. This continues to cause concern and particularly more so now for those whose income has been impacted by the Covid-19 pandemic. This article will form part of a series of 3 articles on public funds and the recent developments in light of the Coronavirus outbreak.’

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Richmond Chambers, 15th May 2020

Source: immigrationbarrister.co.uk

Government faces legal action over refusal to publish Sage minutes – The Guardian

‘A millionaire businessman is launching legal action against the government after it refused to disclose minutes of the Sage meetings that informed its decision to impose the coronavirus lockdown.’

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The Guardian, 16th May 2020

Source: www.theguardian.com

Teachers can legally refuse to return over health risk, says union – The Guardian

‘Teachers can legally refuse to return when schools reopen unless they get the same protections against coronavirus as other frontline staff, one of the UK’s leading teaching unions has warned.’

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The Guardian, 14th May 2020

Source: www.theguardian.com

Benefit claimants unlawfully short-changed, court rules – The Guardian

Posted May 13th, 2020 in appeals, benefits, compensation, government departments, human rights, news by sally

‘The government acted unlawfully when it refused to compensate two low-income households left up to £180 a month out of pocket when their legacy benefits were wrongly stopped and they had no choice but to move on to universal credit, the appeal court has ruled.’

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The Guardian, 12th May 2020

Source: www.theguardian.com

Home Office’s denial of benefits to migrant families unlawful, court rules – The Guardian

‘Lawyers for an eight-year-old British boy have won a ruling that a Home Office policy denying families like his access to the welfare safety net is unlawful.’

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The Guardian, 7th May 2020

Source: www.theguardian.com

The desire to live: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – No. 5 Chambers

‘In AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17, Lord Wilson calls the European Court on Rights out on its claim that in Paposhvili v Belgium [2017] Imm AR 867, it was doing no more than “clarifying” its judgment in N v United Kingdom (2008) 47 EHRR 39 as to the circumstances in which removal or deportation will breach Article 3 of the European Convention on Human Rights. Close readers of the judgment in Paposhvili will be well aware of the numerous points at which the court uses, it is hard to doubt, intentionally, the very same language as is used in N to come to different conclusions.’

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No. 5 Chambers, 29th April 2020

Source: www.no5.com

Sean Molloy: Elgizouli v Secretary of State for the Home Department: The Missing Rationality Challenge – UK Constitutional Law Association

‘The long anticipated judgment in Elgizouli v Secretary of State for the Home Department was handed down by the Supreme Court on the 25th March. The Court held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 (DPA) that rendered the decision of the then Home Secretary- Sajid Javid- to hand over evidence to US authorities unlawful. While others have commented on the DPA aspect of this case (see here, here, and here), this post touches on the common law strand. However, rather than interrogating the Court’s decision, here I discuss the under-examined issue of rationality, arguing that the factual matrix of the case warranted a greater examination of the Home Secretary’s decision.’

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UK Constitutional Law Association, 6th May 2020

Source: ukconstitutionallaw.org

UK Supreme Court Relaxes the Test for Establishing a Breach of Article 3 in Medical Removal Cases – Oxford Human Rights Hub

‘On 29 April 2020, the UK Supreme Court handed down its judgment in the case of AM(Zimbabwe) v SSHD [2020] UKSC. This completes the domestic line of authority grappling with the ECtHR’s Grand Chamber’s judgment in Paposhvili v Belgium, which reformulated the applicable test where appellants allege that their proposed removal to a third country would be in breach of Article 3 ECHR as exposing them to inhuman or degrading treatment as a result of the unavailability of medical treatment there.’

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Oxford Human Rights Hub, 3rd May 2020

Source: ohrh.law.ox.ac.uk

High Court judge sends copy of ruling to ministers to express concern over “nationwide problem” of lack of capacity for secure care – Local Government Lawyer

‘A High Court judge has sent ministers a copy of a ruling in which he expressed concern at a “nationwide problem” of the very limited capacity in the children’s social care system for young people with complex needs who need secure care.’

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Local Government Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

Errol Graham death: Judicial review move over DWP policy – BBC News

‘The family of a mentally ill man who starved to death after his benefits were cut have applied for a judicial review of government policy.’

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BBC News, 1st May 2020

Source: www.bbc.co.uk

UK government faces legal challenge to lockdown from businessman – The Guardian

‘The government is facing a challenge to the legality of the coronavirus lockdown by a wealthy businessman who fears it will kill more people than it saves.’

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The Guardian, 1st May 2020

Source: www.theguardian.com